An injury attorney is popularly used to protect the victim’s rights. It’s good to consult your lawyer about recommending someone to do this for you when in need of an auto accident lawyer.
A vital issue to note about car accident suits in Arkansas is the statute of limitations about the length of time you have to file your claim. Arkansas gives you three years in which to file your car accident case but you need to understand the statute of limitations you may have been in when the accident happened. Other states like Tennessee allow for just one year after the accident for you to or place a claim file a case.
Therefore it is crucial to have a car accident lawyer for they are cognizant with such legal limitations. There is a problem that most people face is that if they are at fault in an accident, their insurance company will be very hesitant to pay them and when they do, they pay less as compared to the other party.
An insurance company may tell you to hire a car for use during the period you won’t be having one. The company may fail to compensate you for the costs you incurred using a rental car with the reason of a ‘hidden’ term they totally failed to inform you about. In some extreme cases, other companies have failed to cater for medical bills they are supposed to which leaves the victim in debt.
After taking these issues into consideration, you realize that having a car accident lawyer is important especially if you are in a state like Arkansas whose car accident cases are considered ‘fault’ cases.
In such a state, loss and damage suffered as a result of an accident in the case are taxed to the insurers of both parties involved in the crash. A car accident lawyer is necessary here to help the driver at fault compel his insurer to pay as required.
Another concept that comes up is how to prove fault. At the end of the day, proving fault in such suits becomes the ultimate determining factor In a car accident suit, all parties work towards placing fault on each other. Actually this is the primary objective for the lawyers in the case. This is never an easy process and so you need to maintain experienced advice so that you can be represented in a professional and expert way. Many things are entailed in proving fault in this kind of case.
As a claimant you need to show that a duty was owed of the driver. You also need to show evidence showing that your opponent did not uphold this duty. Additionally, show that the accident and subsequent injuries were a direct result of your opponent’s lack of sense of duty of care. A fourth point to prove is that due to the accident, the injuries, damages and other losses caused the claimant to suffer costs such as hospital bills, lost jobs and hence wages etc.