Rogers, AR Personal Injury Attorneys
KNOW THE INJURY PROCESS
A typical injury case is a personal injury lawsuit and usually involves two parties, one of which is the plaintiff or injured party. The party that the lawsuit is brought against is the defendant. A defendant is often a corporation, business or an individual.
Caddell Reynolds will research more than one party and may involve multiple parties in a single lawsuit. Personal injury lawsuits are civil court proceedings rather than criminal suits. The injured party usually seeks remedies for their damages. Caddell Reynolds usually resolves these cases through litigation, but resolutions may occur out of court as well.
There are many types of personal injury claims that Caddell Reynolds can handle on your behalf. As your law firm, we will represent you with the highest level of integrity, experience, compassion, and strength. We will always have your back, and keep you informed of the status of your personal injury or wrongful death case.
If you or a loved one have suffered serious injury or death in any of these accidents listed below call us for a free consultation.
- All types of motor vehicle accidents – car, truck, motorcycle, bus, train
- Pedestrian accident
- Wrongful death matter
- Serious dog bites or other animal attacks
- Injury from a defective product
- Injury from a fire or explosion
- Construction accident or serious work injury
- Injury from a medical mistake, hospital negligence or prescription error
- Injury or death from a defective medical device or dangerous prescription drug
Contact us Today for Help, You’ll be Glad You Did.
Caddell Reynolds has been serving Arkansas & Oklahoma clients for many years. Our experienced Rogers personal injury attorneys are dedicated to finding solutions to problems for our clients. Contact us at one of our offices near you for a consultation.
211 Second Street, Rogers, AR 72756
Contact us today to schedule a free consultation about your case at our Rogers office, which is located at 211 Second Street, Rogers, AR, 72756. We can also meet at a location that is more convenient for you.
To schedule a free consultation with one of our attorneys, fill out the contact form at the bottom of this page, or call Caddell Reynolds Injury Law at 800-671-4100.
Rogers is a city in Benton County, Arkansas. Located in the northwest portion of Arkansas, it is part of the Fayetteville-Springdale-Rogers Metropolitan area, and contains a population of 55,964 citizens. This makes it the eighth most populous city in the state. The city gets its name from Captain Brent Elliott Rogers, who was vice president and manager of the Frisco Railway.
Rogers Legal Resources:
Arkansas Bar Association– The ArkBar represents its members’ interests, provides money-saving services, promotes the profession, and alerts members to the issues created by proposed legislation that affect their law practice.
Benton County Clerk – The Benton County Clerk is responsible for licensing and certifications, including marriage, in addition to voter registration and elections. The County Clerk also serves as the court secretary for the probate and county court, as well as additional duties to the quorum court.
Benton County Courts Office – The Benton County Courts Office handles data entry of files with regards to the court, maintenance of the files for all courts, and maintenance of the dockets for the Circuit Judges.
Accidents or injuries resulting from negligence of another party—such as a driver, healthcare provider, property owner, or your employer—can cause permanent damages to your health and financial stability. These incidents give you the right to file a personal injury claim and hire a personal injury attorney in Arkansas that can help you win a lawsuit against the responsible party. Because of the trauma and financial burden these injuries cause for you and your family, you may be awarded damages that can help you pay for medical expenses and lost income. However, the defense team in any personal injury lawsuit will use strong strategies to defend their client and reduce their financial responsibility for your injury. It is important that you find an experienced attorney that can fight these defenses and support your claim in court.
TYPES OF PERSONAL INJURY CASES
Personal injury lawsuits most often stem from a common core of claim types. If you or a loved one have experienced any of these types of injuries, you may be entitled to compensation:
- Injuries from a car accident
- Injuries from a car vs. pedestrian accident
- Injuries from a motorcycle accident
- Injuries from workplace accidents
- Injuries occurring within a commercial building
- Injuries from the use of a defective product or bad medication
- Injury or death as a result of medical malpractice
DEFENSE STRATEGIES USED BY THE RESPONSIBLE PARTY
Defendants and their attorneys use defense strategies to avoid paying damages to suing parties. Understanding the common defenses will help you and your attorney prepare arguments and improve your chances of being rewarded damages for your injury. While the defense strategy used will vary from case to case, they typically fall into one or more of these four categories:
- Comparative Negligence – Following an accident or injury, the police report typically assigns fault to each party using a percentage. For example, if one party caused a car accident but the other party did not respond appropriately, the first may have been 80% at fault while the second party is 20% at fault. In Arkansas, the defense may be able to have the damages prorated based on fault assigned, which means if you were 20% at fault then you lose 20% of the award.
- Assumption of Risk – Another common defense is assumption of risk, whereby if you were participating in a certain activity in which risk is inherent (such as a surgery or dangerous job), you assumed that risk by agreeing to participate. This defense can work well in some situations, but when the injury is not associated with a risk specifically inherent to the activity, it often falls short.
- Failure to Show Causation – Defense attorneys look for the plaintiff’s failure to show causation, or failure to prove the injury was directly caused by the defendant’s negligence. Any holes in the case can make this defense very effective, which further underlines the importance of hiring a personal injury attorney in Arkansas who has a proven track record for injuries similar to yours.
- Statute of Limitations – The defense will seek out violations of the statute of limitations in every case as it can result in a quick dismissal of the suit. Statute of limitations (the amount of time a plaintiff has to file a lawsuit following an accident or injury) varies between the types of incidences, but is generally around two years. If you wait too long to file a lawsuit, your case is typically dismissed.
If you have been injured and need a personal injury attorney in Arkansas to help you file a lawsuit, contact Nolan Caddell Reynolds at 866-242-0452.
Proving Personal Injury: How Your Arkansas Attorney Helps Find Fault in Your Case
In a personal injury lawsuit, determining who is liable and to what extent that party is liable are key to ensuring that justice is pursued and handled correctly. When you hire a personal injury attorney in Arkansas, that attorney will delve into discovering the facts of your case and help determine who is legally liable for your injury. Depending on the severity of your injury, the liability of the other party, and the specific factors surrounding your case, your attorney can help you prove fault in a court of law.
DETERMINATION OF LEGAL LIABILITY
Whether you have been injured in an auto accident or you are dealing with a neck or back injury from a workplace accident, you need to make a claim about who is at fault in order to file a personal injury lawsuit. Most accidents resulting in personal injury occur because someone was not as careful as they should have been. The person who was least careful (liable party) should pay for the damage done to the person who was most careful. This entity—whether your employer, a driver, or a motorcyclist—is the person at fault and thereby, the defendant you should pursue for compensation in your case.
In a personal injury lawsuit, however, establishing fault is not always cut-and-dry. There are other propositions that have to be considered first:
- An otherwise liable party may not be liable if you were somewhere you were not supposed to be.
- An otherwise liable party may not be liable if you were also careless.
- An employer may be at least partially responsible if you were working for that employer at the time of the accident, carelessly or otherwise.
- A property owner can be liable for not maintaining a property, even if that owner did not create the actual situation that caused the injury.
- Both the seller and the manufacturer of a defective product may be liable for your injury if their product caused the injury in question.
Fault in a personal injury lawsuit is most often caused by negligence. Therefore, in order to prove the liable party in your case acted negligently, your attorney will argue that they acted in breach of their legal duty, triggered your injury, and caused physical or emotional damages.
MORE THAN ONE PARTY MAY BE AT FAULT
Your personal injury attorney can assist you in determining who should be pursued in a personal injury lawsuit. The amount the liable party must pay in damages will depend on whether that liable party is the only one at fault. Several careless drivers, as opposed to just one driver, for example, can cause a bad car wreck. If you caused even a proportionally small amount of an accident, you may have to take some of the blame. Especially in the case of an uninsured driver at fault, you will have to fight your insurance company for help with damage and your injury.
In Arkansas, this is called a “modified comparative fault.” If you share in the blame for an accident that caused your injury, a judge can appropriate a percentage of the fault in your lawsuit to you. You will then be responsible for paying that percentage of the damages, as established by the court.
CARELESSNESS CAN PLAY A FACTOR
When you hire a personal injury attorney in Arkansas, be upfront about any role your carelessness or negligence may have played in your injury. If you were partially liable, that does not mean you will not be entitled to any compensation. Being honest about your involvement can help you receive a fair judgment and realistic compensation from the major party at fault.
If you need a personal injury attorney in Arkansas, contact Nolan Caddell Reynolds today at 866-242-0452.