LITIGATION 101: DAMAGES AND COMPENSATION
Feb. 7, 2018
Will I be able to collect money to compensate me for my injuries from an accident in Arkansas? Can you figure out how much my case is worth?
Every case is different, and the only way one can tell whether you have a solid case – (a case likely to prevail at trial or in settlement negotiations) is by a consultation, where you and I can discuss the facts of your case. If you’re ready for a consultation, you can use this form to get in touch with me, or you can call my office.
(If for any reason, you do not get a prompt response to the internet form, please call us. If an attorney is not immediately available, because of depositions or proceedings in another case, one of our assistants can get started on your case right away.)
If I was injured in an accident that was someone else’s fault, how does the court calculate my damages?
Arkansas recognizes the concept of comparative fault. Although most cases will settle prior to trial on the merits, if a case goes to a jury, the jury will determine, or “allocate” the degree of fault among the various persons involved. The percentage of fault of the person claiming damages will reduce the total damage award by such percentage of fault. For example, if a jury decides you are 10 % “at fault” for an accident, and award $100,000.00 in damages, the award would be reduced to $90,000.00.
How long will it take for me to receive financial compensation in my personal injury case?
Once again, every case is different. If your medical treatment has concluded, and there is no dispute as to the reasonable and necessary medical treatment, the resolution can be very soon after the initial demand. If, however, you are still obtaining medical treatment for your injuries, or if the case is disputed; we will advance your cases with diligence, but it is difficult to predict when the case may ultimately reach a judge or jury – or a mutual settlement. In such cases, we simply advance the case towards a trial date as soon as practical under the circumstances.
How much money is my accident case worth if we settle? What about if we go to trial?
As noted above, every case is different, and even a small alteration in the facts of a case can result in a very different outcome. Many factors should be taken into consideration before deciding to accept or reject a settlement offer. Generally speaking, one would evaluate the maximum reasonable “exposure” the other side will face at trial, and that amount is then discounted based on the chance to prevail. Comparisons are made with similar facts to arrive at a fair settlement amount.