A car accident in Arkansas can significantly disrupt your life. Beyond the immediate shock and potential injuries, the financial burdens of medical bills, lost income, and vehicle damage can feel overwhelming.
However, with the right approach, Arkansans can recover stronger—both physically and financially. This guide provides a strategic roadmap to help you maximize your car accident settlement.
Act Immediately—Build a Solid Foundation
Your first steps after an accident are vital to the strength and success of your future claim.
Seeking medical treatment right away is paramount, even if symptoms aren’t immediately obvious. Injuries like whiplash, concussions, and soft tissue damage can have delayed onset, with pain and limitations appearing days or even weeks later. Prompt medical visits create an official, documented record linking your injuries directly to the accident, which is vital evidence for your claim.
Unfortunately, delaying treatment can provide insurance companies with an opportunity to argue that your injuries were not severe or caused by the collision.
Additionally, filing a police report promptly is a legal requirement in Arkansas for accidents resulting in injury, death, or property damage exceeding $1,000. This official report serves as an unbiased account of the accident, detailing important facts like the date, time, location, and parties involved.
It becomes essential evidence, providing a factual basis for your claim and helping prevent disputes over the accident’s fundamental circumstances. Even for seemingly minor collisions, a police report can be incredibly beneficial. The Accident Helpers, among others, emphasize the value of securing this official documentation.
Gather and Preserve Every Piece of Evidence
A strong car accident claim is built on irrefutable evidence. The more thoroughly you document everything, the better your chances will be of securing a fair settlement.
If you are able and it is safe, please document the accident scene thoroughly and promptly. Use your smartphone to capture comprehensive photos and videos of the scene.
Consider taking pictures of:
- Overall scene shots, showing the position of vehicles.
- Vehicle damage from multiple angles.
- Skid marks and any debris on the road.
- Road conditions, traffic signs, and signals.
- Close-ups of your injuries and any property damage.
Beyond visual evidence, remember to collect witness information and seek any potential video evidence. Eyewitness accounts can be incredibly powerful, so obtain their contact information if possible. Furthermore, the increasing prevalence of dashcams and nearby security footage means that businesses or homes in the vicinity might have captured the accident.
Promptly inquire about and secure any such footage before it’s deleted. MG Law and Silva Injury Law consistently advise clients on the urgency of collecting this type of evidence.
Equally important is meticulously tracking all your medical treatment and expenses. This includes maintaining a detailed record of:
- Doctor’s visits and specialist consultations.
- Physical therapy sessions and rehabilitation.
- Prescriptions and any necessary medical equipment.
- All related costs, from medical bills and co-pays to transportation to appointments.
Maintain a detailed log of your pain levels, physical limitations, and how your injuries impact your daily life.
Also, work with your medical providers to understand and document any future treatment plans and associated costs, as this comprehensive record will be a cornerstone of your compensation claim.
Know the Numbers That Matter
Understanding the financial aspects of your claim is paramount to ensuring you don’t settle for less than you truly deserve.
It’s crucial to calculate all costs associated with your accident. A car accident settlement aims to compensate you for both economic and non-economic damages.
- Economic Damages are quantifiable losses, including:
- Past and projected medical bills (e.g., emergency room, surgery, rehabilitation).
- Lost income (wages lost due to missed work, and future lost earning capacity).
- Property damage (cost to repair or replace your vehicle and any other damaged personal property).
- Non-Economic Damages are more subjective but equally important, primarily focusing on:
- Pain and suffering (physical pain, emotional distress, and mental anguish).
- Loss of enjoyment of life (if injuries prevent you from participating in hobbies or activities you once enjoyed).
Ludwig Law Firm emphasizes the importance of a thorough calculation of all these damages to ensure a comprehensive claim.
Understanding comparative fault in Arkansas is also critical. Arkansas operates under a “modified comparative fault” rule, often referred to as the “50% bar rule” (§16-64-122). If you’re found to be 50% or more at fault for the accident, you can’t recover damages. Your percentage of fault will proportionally reduce your total compensation if it’s less than 50%.
For example, if your total damages are $100,000 but you are found to be 20% at fault, you would only receive $80,000. Insurance companies often attempt to shift blame to reduce their payout, making this rule particularly significant. Keith Law Group consistently advises clients on the nuances of comparative fault.
Finally, remember to include the diminished value of your vehicle in your claim. Even after repairs, a crash history can significantly decrease your vehicle’s resale value.
This “diminished value” can be a substantial amount, especially for newer or high-value vehicles, and it is a recoverable loss in Arkansas. Ensure this component is calculated and included in your settlement demand to truly make you whole.
Smart Handling of Insurance & Settlement Pressure
Insurance companies operate as businesses, with the primary objective of minimizing payouts. Protecting your claim requires preparation for their tactics.
One of the most common pitfalls is rushing to accept the first offer from an insurance company.
They often make a lowball offer early in the process, hoping you’ll accept it out of immediate financial desperation or a lack of understanding of your claim’s true value. Maintaining patience is crucial, as accepting an offer too soon can result in the loss of your future right to pursue additional compensation, regardless of the severity of your injuries or the emergence of new expenses. Tavss Fletcher and Burgess Injury & Car Accident Lawyers both caution against this common tactic.
Furthermore, exercise extreme caution in all communications with insurance adjusters. Everything you say—even seemingly innocent comments—can be twisted and used against you to devalue your claim.
Avoid giving recorded statements or discussing fault, the extent of your injuries, or intricate details of the accident without first consulting with your legal counsel. It is best to let your attorney handle all communications with the insurance company.
Finally, keep your social media activity regarding your accident to a minimum. In the digital age, your online presence can be a significant liability.nInsurance adjusters routinely scour social media profiles for any information that could contradict your claim.
The Value of Professional Guidance
While it is possible to handle a car accident claim independently, the intricacies of personal injury law and the strategies employed by insurance companies often make it a challenging task.
Hiring a skilled Arkansas attorney is arguably the most crucial step you can take. Studies and anecdotal evidence consistently suggest that individuals who are represented by legal counsel often recover settlements that are significantly higher—sometimes 3 to 3.5 times higher—than the settlements of those who attempt to negotiate on their own.
An attorney understands the intricate legal framework, knows how to value your claim accurately, and can effectively counter insurance company tactics.
An attorney will manage all legal complexities, freeing you to concentrate solely on your physical and emotional recovery. Law highlights this significant advantage of legal representation.
Having an attorney by your side allows you to engage in thorough negotiations or prepare for litigation. Your legal representative will meticulously compile a comprehensive “demand packet” that outlines all your damages and the legal basis for your claim. They will then enter into robust negotiations with the insurance company, armed with compelling evidence and legal arguments.
If negotiation fails to reach a fair settlement, your attorney will be ready to file a lawsuit and take your case to court.
It is essential to remember that Arkansas’s statute of limitations for personal injury claims is generally three years from the date of the accident.
Take Charge and Get What You Deserve
Being involved in a car accident is undeniably a trying experience, but it doesn’t have to define your financial future.
Taking immediate action, diligently preserving every piece of evidence, understanding the true value of your damages, approaching insurance companies with strategic caution, and securing expert legal guidance will empower you to successfully get what you deserve.
Don’t let the stress and uncertainty of the aftermath lead you to settle for less than you truly deserve.
If you or a loved one has been involved in a car accident in Arkansas, the path to recovery and a fair settlement can seem difficult.
Our experienced team is ready to review your case, answer your questions, and ensure every step is handled expertly, allowing you to focus on what matters most: your physical and emotional healing.
We invite you to schedule a no-obligation consultation with Davis Legal.
