When someone acts negligently and you suffer injuries as a result, your entire life can turn upside down in a flash. One second, you’re going about your day; the next, you’re suffering from painful injuries, missed work, mounting medical expenses, and unpaid bills. An insurance adjuster may be trying to push you into a settlement that barely covers the cost of a single doctor’s visit.
It feels unfair—because it is. A serious injury can compromise your health, peace of mind, and financial security.
Your suffering is worth much more than a lowball offer. An experienced Arkansas personal injury lawyer can make sure insurance companies don’t take advantage of you. They can investigate your accident, identify all sources of liability, determine the full extent and value of your suffering and damages, and fight for the full and fair compensation you deserve.
Schedule A Free Consultation Today!
Understanding Personal Injury Claims
Personal injury claims can arise from any circumstance where another party’s negligence causes you harm. Accident-based claims and other personal injury claims can be based on many different types of events, each with unique legal considerations:
- Defective or Hazardous Products
- Rideshare Accidents
- Nursing Home Injuries
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Drunk Driving Accidents
- Medical Malpractice
- Dangerous Drugs or Medical Devices
When To File a Claim or Lawsuit
People often hesitate to seek legal action because they worry it will be too complicated, confrontational, or not worth the effort. However, taking action when you’ve been injured by someone else’s negligence—filing an insurance claim or personal injury lawsuit—can make all the difference in your future. Generally, you take legal action when:
- Another party’s negligence was the root cause of your harm.
- Your injuries are serious enough to require medical attention.
- You have measurable losses like lost work, missed paychecks, medical expenses, and ongoing medical treatments.
Filing a claim typically means contacting the at-fault party’s insurance provider and requesting a settlement. This is usually the first step in seeking compensation. If discussions with the insurer stall, or they refuse to acknowledge their policyholder’s fault, you may need to file a lawsuit in civil court. While most personal injury disputes settle through negotiation, lawsuits become necessary when insurers fail to offer an amount that matches the extent of your injuries.
The Legal Process Step-by-Step
- Initial Consultation
You consult with a personal injury lawyer to discuss the facts of your case. They ask questions about how the accident happened, your medical treatments, and any financial losses. Your lawyer will also advise you of your best legal options, typically at no upfront cost. - Investigation and Evidence Collection
Your lawyer starts gathering documents such as police reports, medical records, photos, and witness accounts. If needed, they consult professionals like accident reconstruction analysts or medical specialists to show exactly how the accident occurred and how it affected you. - Demand Letter and Settlement Negotiations
This process can vary from firm to firm and the circumstances of your case, but generally, your personal injury lawyer prepares a formal demand that outlines your injuries, medical expenses, lost wages, and other damages and submits it to the at-fault party’s insurance company. The insurer responds to the offer, and negotiations begin, often involving several rounds of back-and-forth communication. - Filing a Lawsuit If Negotiations Fail
If the insurance company refuses to pay a fair amount, your lawyer may advise filing a lawsuit. This action moves the dispute into the court system. Both sides exchange information and take sworn statements (depositions) to uncover all relevant facts. - Settlement or Trial
The majority of cases settle before reaching trial. However, if the defendant or their insurer won’t agree to a proper settlement, you could proceed to trial. A judge or jury then decides who is at fault and how much compensation you should receive.
Throughout this process, your lawyer handles strict deadlines, complex paperwork, and all communications with the other side, freeing you to focus on your recovery.
Proving Negligence and Its Importance
Negligence is the legal basis for most personal injury claims. Proving someone else’s negligence involves four elements:
- Duty: The defendant owed you a basic duty of care, such as following traffic laws or safety rules.
- Breach: The defendant failed to uphold that duty, perhaps by running a red light or ignoring workplace safety rules.
- Causation: Your lawyer must show that the defendant’s failure led directly to your injury.
- Damages: Your injuries created actual losses, such as medical bills, missed wages, and future care costs.
How States Assign Fault
Each state has different rules for assigning fault in personal injury cases. Generally, you’ll encounter three primary systems:
- Contributory Negligence: A few states deny all compensation if you share any portion of the fault.
- Pure Comparative Negligence: You can still collect damages even if you bear a high percentage of fault, but your award is reduced by that percentage.
- Modified Comparative Negligence: You can recover damages only if your portion of fault falls below a certain threshold, typically 50% or 51%.
Your state’s approach to assigning fault for an accident is vital to your case. If an insurance company tries to reduce their liability by pinning the blame on you, their arguments could reduce or even eliminate your settlement or award. An experienced personal injury lawyer will fight aggressively to safeguard your claim and protect you against undue blame.
How Insurance Companies Reduce Payouts
Many people assume that insurance companies will do the right thing and pay them a fair settlement that covers all of their expenses. Unfortunately, that is seldom true. Insurance adjusters’ primary responsibility is to protect their company’s profits. While they may sound caring and eager to help, they use several strategies to reduce or deny personal injury claims, including:
- Disputing Liability: They might argue the accident was partially or entirely your fault.
- Dismissing Medical Costs: They may question whether treatments are justified or claim they’re too expensive.
- Quick, Lowball Offers: They may contact you immediately with a modest payment to avoid a deeper investigation of your long-term needs.
- Prolonged Delays: By drawing out the process, they may take advantage of your vulnerability and push you to settle out of frustration.
Having a personal injury lawyer means you have an advocate who knows these tactics, negotiates aggressively, and pushes the insurance companies to offer you a fair deal.
Never Settle for Less Than You’re Worth
Serious injuries can disrupt your finances, your family life, and your sense of stability. Recovery takes time, medical attention, and often repeated therapy sessions. It also requires financial resources to bridge the gap between today’s bills and tomorrow’s unknowns. If someone else caused your injuries, you should not bear the costs alone.
A personal injury claim is your legal solution for seeking a fair settlement. You have the right to hold negligent parties accountable and reclaim some control over a difficult situation.
Contact Bailey & Galyen
In 1982, Phillip Galyen established his law practice, which has evolved into one of the largest consumer law firms in Texas. Bailey & Galyen has built a reputation for unwavering commitment to personal service and attention. Our goal is 100% client satisfaction, and our dedication to fighting for individuals and families harmed by negligence is how we’ve earned a 5-star Google rating from nearly 1,000 clients.
Call Bailey & Galyen today at (817) 345-0580 or contact us online if you’re suffering from injuries caused by someone else’s negligence. We will evaluate your case and connect you to an experienced personal injury lawyer who will defend your rights and fight for the full and fair compensation you deserve.