If you or a loved one has suffered a brain injury in Arkansas, working through the legal complexities can prove to be tough. Seeking the guidance of an experienced Arkansas Brain Injury Lawyer is crucial to ensure you receive the compensation and support you deserve. Let’s explore how these legal professionals can assist you in your time of need.
Understanding Brain Injuries
Brain injuries can have devastating, long-lasting effects on individuals and their families. These injuries can result from various accidents, including falls, car crashes, sports injuries, or workplace incidents. Understanding the severity and impact of a brain injury is essential in taking legal action.
Brain injuries come in different forms, including:
- Concussions. These are mild traumatic brain injuries, which happen when you receive a blow to the head. Concussions can cause temporary changes in brain function.
- Traumatic brain injuries. Also called TBIs, these are serious brain injuries caused by sudden trauma, leading to a range of physical, cognitive, and emotional impairments.
- Acquired brain injuries. These brain injuries occur after birth, not by traumatic impact to the head, but by organic events like strokes, infections, or oxygen deprivation. These incidents can result in various neurological problems.
Symptoms and effects of brain injuries include:
- Memory loss,
- Impaired thinking,
- Mood swings, or
- Physical disabilities.
Regardless of the type of incident that caused your brain injury, we recognize that the impact on your life can be significant. By understanding the various types of brain injuries and symptoms, you’re better equipped to explain your situation, take appropriate legal action, and seek compensation.
Arkansas Statute of Limitations for Brain Injuries
In Arkansas, there is a rule that sets the time you have to file a claim after you are injured. This rule is called the statute of limitations. For brain injuries that fall under personal injury law, you have three years from the date you were injured to file a claim.
This means if you wait longer than three years, you will likely be barred from bringing a claim to recover your losses. If your case exceeds the three-year limit, you can only pursue your claim if it falls under an exception. In Arkansas, exceptions to the personal injury statute of limitations include:
- Discovery rule. If the injury was not immediately apparent, the statute of limitations may begin on the date the injury was discovered. In some cases, it could also begin on the date the injury should have been discovered.
- Minors. Minors typically have a longer period to file a claim, with the statute of limitations starting when they reach the age of majority (18 years old).
- Fraud or concealment. If the defendant fraudulently conceals information related to the injury or engages in fraudulent behavior, the statute of limitations may be extended.
- Continuous treatment. The statute of limitations for medical malpractice cases may be extended if the same healthcare provider continuously treats the condition.
Because of these and other nuanced exceptions, it is wise to consult with a qualified attorney to understand the specific rules applicable to your brain injury case.
Seeking Support
In Arkansas, those who have suffered brain injuries have access to rehabilitative services. These services are outlined in the Arkansas Code Section 20-14-704. Within 30 business days after notification, the Brain Injury Alliance of Arkansas must notify those with brain injuries of their right to state assistance. Using the resources of this program may help lessen your burden while you work through the legal process.
Seeking Compensation
Financial burdens often accompany injuries, and you can seek compensation to alleviate the financial stress that results from someone else’s negligence. As a victim of a TBI, the law entitles you to compensation for various damages, including medical expenses, lost wages, pain and suffering, and ongoing rehabilitation costs. Discussing your situation with an Arkansas brain injury lawyer can help determine the full extent of damages you may be entitled to.
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The Role of a Brain Injury Attorney in Arkansas
An Arkansas brain injury lawyer represents individuals who have sustained brain injuries due to negligence or wrongful actions of others. These professionals use their knowledge and experience to navigate the legal system and advocate for your rights. Their role may include:
- Legal consultation—this is an initial assessment of the case and a basic explanation of your legal rights;
- Case investigation—a case investigation may include gathering evidence, medical records, and witness testimonies;
- Negotiation—an attorney can engage with insurance companies and opposing parties to seek fair compensation on your behalf; and
- Litigation—an attorney can represent you in court proceedings if a settlement cannot be reached.
Having such assistance allows you to relax and focus on healing.
Seeking Legal Guidance
Look for attorneys specializing in personal injury law with experience representing clients with brain injuries. Your attorney should possess the following attributes.
- Success in handling brain injury cases. It is important to seek attorneys with demonstrated success in representing clients with similar injuries. Ask the attorney to see case results and testimonials.
- Knowledge of state law. Familiarity with the state laws governing personal injury claims and the statute of limitations is essential for building a strong legal strategy. Your attorney should have practiced in Arkansas for a while and be familiar with both the local court procedures and state law.
- Compassionate representation. With such injuries, you want empathetic and personalized legal guidance. Ask your lawyer questions at the initial consultation so you can assess whether or not you will be a client or just another case number.
- Resources and support. Access to a network of investigators, medical experts, and support staff strengthens your case by providing valuable expertise and assistance.
You also need to trust your lawyer and feel good about who is representing you. So. visit with your prospective attorney. Don’t be afraid to ask questions and get a feel for who they are and whether they have the qualifications you need. At Harris Law Firm, we look forward to meeting you and discussing how we can help.
Take Action with Harris Law Firm, LLC
If you or a loved one has suffered a brain injury, don’t hesitate to seek legal assistance. Contact Harris Law Firm today for compassionate and experienced representation. Since 1981, Harris Law Firm has been dedicated to helping people across Mississippi and Arkansas.
We have helped injured clients recover over six figures in multiple cases. We will help you navigate your personal injury case and secure the compensation you deserve. Contact us today.