FREQUENTLY ASKED QUESTIONS

The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy...Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely,... promptly and without delay.

Arkansas Constitution, Article 2, Sections 7 & 13

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How long do I have to begin a case?

• You have a set amount of time to pursue a claim. This is known as the Statute of Limitations.
• The Statute of Limitations varies in different cases. You must consult with an attorney to determine the Statute of Limitations applicable to your particular circumstances.
• Generally, the Statute of Limitations is two or three years for personal injuries, depending on the type of case. However, time is always of the essence. Memories fade. Witnesses and evidence disappear. Delay is never in the best interest of an individual injured or those who suffer the loss of a loved one.

How long should I wait?

• The passage of time is almost always never in the favor of someone injured through the fault of another.
• Witnesses may die or disappear, memories fade, and important evidence is misplaced, lost or destroyed.
• Investigation should be commenced without delay to preserve evidence and gather information in order to be on equal footing with the wrongdoer or their insurance company, which most likely began its investigation immediately after the incident.
• Insurance companies employ adjusters and investigators whose job is to gather information, talk to witnesses and begin preparation of the defense of a potential claim immediately, without waiting on a claim to be filed.

Will I have to pay to talk to an attorney?

• No.  We are happy to visit with you in the beginning if you have a potential case involving the death of a family member, nursing home abuse, airplane crash, a defective product or any of the other types of case our firm handles.

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What would my case cost?

• Attorneys representing injured individuals or families that have suffered a wrongful death typically receive a portion of any recovery as a fee. This is known as a “contingent fee” which allows the family to pay attorney’s fees and expenses only if a recovery is received. Attorneys know an individual or family could, in most circumstances, never afford to pay the lawyer on an hourly basis, let alone pay for the extraordinary expenses associated with litigation.
• Contingent fees typically are one-third (33 1/3%) of the recovery.
• The attorneys fees may vary, however, depending on the difficulty of the case. 
• The expenses of the case will be advanced by the attorney. Typical expenses include investigatory work, hiring experts, taking depositions and general trial preparation work. These expenses add up quickly, and by the time the case is ready for settlement or trial, they can be substantial.
• If you do not recover any money, you will not be required to repay these expenses.
• In the event of a recovery, expenses for the case will then be repaid to your attorney out of any recovery.

What can I expect to recover?

• There is no set formula to explain how much you can or will recover.
• All cases have different facts. Generally, you can recover money for medical expenses, pain and suffering (both physical and mental), lost income in the past and future, lost physical capacity, and for any scars or disfigurement.
• If the case involves a death, typical damages include funeral expenses, the loss of the monetary contributions of the family member killed, damages known as loss of life, pain and suffering of the deceased prior to death, the mental anguish experienced by family members, any other loss of services, guidance and support and, in some cases, punitive damages.

What should I do if I am injured?

• Cooperate with your physician.
• Return to your doctor, or doctors, when you have an appointment.
• Tell your doctor about each of your complaints so they may make adequate records and document your injuries.
• Never minimize your ailments to your doctors.  They, like your attorney, need to know the complete details of your injuries in order to adequately treat you.
• However – just as important – never exaggerate your ailments.