If you are considering a personal injury lawsuit, then there are a lot of details that you need to be familiar with. Before you commit to a lawsuit, you should know how your state will see your case. Some states tend to side with the plaintiff, while others have laws that emphasize the rights of the defendant. If you are planning on filing in Arkansas, then here are some such laws that you will likely encounter:
Modified Comparative Fault
When it comes to responsibility, states take drastically different stances on how laws should be written. Some states believe that if you bore any responsibility for your injury, then you don't deserve any damages at all. Other states are more lenient and will simply reduce your compensation by a percentage. That percentage is often highly dependent upon how much responsibility the defense can prove that you had.
Fortunately for you, Arkansas falls into that second category.
As an example of such a system in question, say you bought a cup of extremely hot coffee and accidentally spilled it onto yourself, causing third-degree burns. If that was the case, then you could potentially sue the company that gave you coffee that was too hot. After all, coffee poses a serious health risk at that temperature, and if the company knew of those health risks, then they are potentially liable. However, since you did spill it onto yourself, you do bear some responsibility for your injury. The defense might prove that you were 30% responsible for your injury, which would ultimately mean that your compensation would be reduced by 30%.
There is one other caveat, and that comes into play if you were more than half responsible for your injury. If that's the case, then you probably won't get any compensation at all.
Statute of Limitations
You also want to make sure that you stay within the statute of limitations, since a failure to do so can result in a dismissal of your case. In Arkansas, this means that you need to file in less than 3 years. If you are unable to do that, then you need to have a pretty good reason.
For example, your injuries might not have been discovered until years or decades after the incident. If that happens, then you have 3 years from the date of the discovery to file your lawsuit.
You can also get an extension if you were a minor at the time of the accident.
Contact a company like Weathers Law Firm, LLC for more information on personal injury lawsuits.
Share27 January 2016
When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.
