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Personal Injury

Little Rock Personal Injury Lawyer 

An experienced Little Rock personal injury lawyer might be the difference in getting a fair settlement for your injuries. Call today to set up a consultation. 

Physical injuries can take a dramatic toll on our lives. The medical costs of treatment are just the starting point. There may be ongoing rehabilitation, including therapy, required. There may be missed time at work that must be compensated for. The injury may hinder a person’s effort to get ahead in their business or career. The ultimate price tag of an injury may well be much higher than what even the injured person realizes at the time. It is situations like this, that an experienced Little Rock personal injury lawyer can be a valuable guide in getting a fair settlement. 

The Law Office of Omar F. Greene has earned respect in and around the Little Rock community for our hard work on personal injury cases. Call today at (501) 600-0451 or contact us online to set up a consultation. 

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Elements of Negligence

Breach of Duty

Presuming we’ve cleared that first hurdle, the next step is to demonstrate the defendant breached their duty of care. The simple fact the plaintiff was injured is not enough, on its own, to establish negligence. The law recognizes the reality that there are bad things which happen where no one is at fault. Personal injury lawsuits are meant to prove that someone—the defendant—is indeed at fault. And the way to establish that legally is to show that the defendant failed to exercise a reasonable standard of care

Here's an example—the grocery store, as noted above, has a duty of care to its customers. Now let’s say there’s a spill on Aisle 3 and a customer slips and falls. The next step is to ask whether the grocery store acted reasonably in keeping its aisles safe to walk down. 

The questions that will arise—and must be investigated by an experienced Little Rock personal injury attorney—include how long the spill was there. If the fall took place minutes after spill, a Pulaski County court might conclude that it was not reasonable to expect the store to become aware of, and clean up the mess that quickly. But if the spill lingered for an hour? Now, we may be looking at a breach of duty. 

Questions about what a reasonable effort by the defendant is and what is not are, to a certain extent, in the eye of the beholder. The beholder is the court. It’s also important how the defendant’s insurance company expects the court to react. In that regard, having a skilled and respected lawyer making the plaintiff’s case, might be significant to the final outcome. 

how the full scope of how much the plaintiff’s life has been damaged. All of this goes back to issues discussed at the top of the page—how much rehab will be necessary? Was the accident something likely to cause post-traumatic stress disorder or other recurring psychological problems that could call for therapy? Car accident victims are just one example of people who suffer mental trauma from an accident and deserve to be compensated for their costs of their recovery. 

A plaintiff who owns their own business may lose income that goes well beyond the immediate costs of missed time at work. They have also missed time in growing their business, and the injuries may prevent them from resuming growth-related activities for some time. A person working towards a promotion at work or a master’s degree might see that process interrupted and perhaps permanently stalled. All of these are costs that can be measured through witness testimony, including expert testimony from people in the same field as the injured plaintiff. 

Damages

The final step in the negligence process is to show that the plaintiff suffered damages because of everything discussed above. For example, if the grocery store slip and fall resulted in a mildly sore hip, but nothing more, there are really no damages to be compensated for—even if the defendant was at fault and caused the injuries. But the ruptured disk? Now there are damages. 

Furthermore, an experienced Little Rock personal injury lawyer must show the full scope of how much the plaintiff’s life has been damaged. All of this goes back to issues discussed at the top of the page—how much rehab will be necessary? Was the accident something likely to cause post-traumatic stress disorder or other recurring psychological problems that could call for therapy? Car accident victims are just one example of people who suffer mental trauma from an accident and deserve to be compensated for their costs of their recovery. 

A plaintiff who owns their own business may lose income that goes well beyond the immediate costs of missed time at work. They have also missed time in growing their business, and the injuries may prevent them from resuming growth-related activities for some time. A person working towards a promotion at work or a master’s degree might see that process interrupted and perhaps permanently stalled. All of these are costs that can be measured through witness testimony, including expert testimony from people in the same field as the injured plaintiff. 

Those costs of recovery can go well beyond direct, tangible, financial expenses. Pain and suffering is intangible. But if the injuries mean a plaintiff can no longer do their hobbies, enjoy time with family and friends, or even sleep peacefully, then those intangible factors must be included in the settlement. 

The Law Office of Omar F. Greene brings a smart and methodical approach to the way we investigate, negotiate, and litigate personal injury cases. Reach out to use today at (501) 600-0451 or fill out our online contact form to set up a consultation. 

What Is Modified Comparative Negligence? 

We’ve established duty of care, breach of duty, causation, and the full scope of damages—both tangible and intangible—that have been incurred. Negligence has been proven. But there’s still one last step. The state of Arkansas is one of 33 states that use the principle of modified comparative negligence. Put simply, this means the court can assign a percentage of blame to both sides in a personal injury case, and the actual amount the plaintiff can collect is conditioned on their share of responsibility. 

Here's how it works—let’s say the court decides that defendant is 80 percent at fault. The reasons for this can vary with every individual case, but an example might be this—in our grocery store slip-and-fall example, maybe the court felt like the defendant could have been more alert to the spill that caused the accident. Or maybe the court does believe that pre-existing medical conditions at least partially explain the severity of the injuries. Whatever the reason, the court fixes the defendant’s share of the blame at 80 percent. 

So, let’s say, the final damage award was $500,000. The plaintiff can collect $400,000—80 percent—of that total. Furthermore, there’s one more nuance to all this. The plaintiff’s share of responsibility may not rise to 50 percent if they are to collect. A plaintiff 40 percent responsible for an accident can still collect 60 percent of the damage award. But a plaintiff 50.1 percent responsible will not receive anything. 

Car Accidents Laws in Arkansas

Drivers who are involved in a car accident in Arkansas are required to report the crash to law enforcement officials if anyone suffered an injury, anyone passed away, or if there was property damage worth more than $1,000 involved in the accident.

When it comes to car accidents, Arkansas is considered a “fault” state. Therefore, the driver who is at fault for causing the collision is also liable for any injuries and losses suffered by the victims.

The injured party may seek damages from an auto accident in one of three ways:

  • File a claim with their own insurance company, which will file a claim against the at-fault driver’s insurer
  • File a third-party claim with the at-fault party’s carrier directly
  • File a personal injury lawsuit against the at-fault party in civil court

The statute of limitations for car accident and personal injury claims in Arkansas is 3 years.

Everything Matters in a Personal Injury Case

What all of this means is that every piece of the negligence process is important. It’s necessary to prove all four elements to get a settlement. It’s also necessary to fight to keep the plaintiff’s share of fault as close to 0 as realistically possible. In a case where the final damage award is $1 million, a single percentage point of fault is worth $10,000. The defendant’s insurance company will fight for every percentage point. The plaintiff’s Little Rock personal injury attorney must do the same. 

A Respected Lawyer for Hard Cases

The Law Office of Omar F. Greene has earned the respect of the legal community in and around Little Rock, thanks to our principled and diligent work on behalf of clients. That respect matters when an attorney talks to a judge, presents to a jury, or negotiates with an insurance company. Our track record speaks for itself, and we’re prepared to fight for your best interests too. 

Call the Law Office of Omar F. Greene today at (501) 600-0451 or contact us online  for a consultation

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