Why Don’t They Just Pay Me the Money?

Why Don’t They Just Pay Me the Money?

Arkansas law is clear. A person who causes someone else to be injured through negligence is responsible for paying all legal damages caused by the occurrence. What is not clear is the amount of money is owed. This uncertainty is often compounded by common problems such as inadequate insurance; questions of fault (where two (2) or more people may have caused the collision); and the fact that few people involved in significant collision trauma come to it without any pre-existing conditions. Each of these common problems can give incentive to insurance companies and their teams of attorneys to deny or discount valid claims. We have acquired many tools to overcome these common barriers, but for us to be most effective we need to be involved in the matter early enough to investigate the potential for these issues to crop up and head them off at the pass. Barriers to Obtaining Full Value Insurance: The scope and severity of the loss will determine the extent of damages (money that must be paid). The amount of insurance coverage available is one of the most critical factors. In Arkansas, personal vehicles such as cars and trucks must have coverage in the amount of at least $25,000. For commercial trucks weighing more than 10,000 pounds, federal law compels coverage in the amounts of: $750,000 (bodily injury); $1,000,000 (bodily injury for hazardous materials); $5,000,000 (explosives). Trucks weighing 10,000 pounds or less must have coverage in the amount of $300,000 for personal injury and property damage. As a practical matter, it is often true that the amount of insurance money available will determine the case...
Did you see what you saw?

Did you see what you saw?

Statistics confirm that witness observations are usually incorrect in many important respects. Statistics also say that 78% of statistics are made up on the spot. Forget about statistics. What do you see with your own eyes? Take a moment and see if you can form a reliable memory of what your spouse, child, or roommate was wearing when he or she left the house this morning, or if you are at home, now, can you remember what they are wearing in the next room? No peeking? What can you identify? Glasses? Shoes? Belt? Socks? Shirt? Where was your attention before you were asked about such details? Unfortunately, although often unreliable, eyewitness testimony is often relied upon in catastrophic injury cases. Now, take a moment and really look at the item in the water in the photograph. How certain are you about what exactly you are seeing? Most people, if they are being honest, will have to concede that without more information it is almost impossible to be certain about exactly what they are looking at. It is a log? Perhaps a fish? Less likely, but surely possible. A crocodile? Wait, do they live in freshwater lakes? Is this a freshwater lake? An alligator then? Maybe. Who knows? Maybe the person who took the photograph knows. Maybe, the photographer knows, but then, did he or she really probe it with a stick, or throw a rock at it? Was this picture taken in a zoo? In the United States? In South America? In North America? The list of information you would need to know to reach any degree of certainty...
It’s a Small World: Intro to Personal Injury

It’s a Small World: Intro to Personal Injury

When a catastrophe knocks you out of your everyday routine, it is devastating in ways much greater than it may first appear. All of a sudden, simple day-to-day routines seem insurmountable. No more trips to school for plays or special events or even to drop off your child; no more light-hearted shopping trips or easy mornings, waking up slowly with the newspaper; no more picking up small children or household items. Devastating loss robs you of all of these ordinary things and much more. What does Arkansas law say about Personal Injury? Under Arkansas law, a person who is the victim of another’s negligence must have their losses restored by the negligent person. Because no single individual has the power to instantly put someone back together again, the law provides that money must be paid for those losses. The goal is to provide the innocent victim(s) with resources to get back to the life they had before being thrown into a small life of forced limitation. Therefore, to address these consequences, Arkansas law guides the award of damages by compelling payment for the following losses (and possibly others depending on the type of case): The nature, extent, duration, and permanency of any injury. The reasonable expense of any necessary medical care, treatment, and services received including transportation expenses necessarily incurred in securing such care, treatment, or services and the present value of such expenses reasonably certain to be required in the future. Any pain and suffering and mental anguish experienced in the past and reasonable certain to be experienced in the future. The value of any earning salary and...
Click book to purchase
Arkansas DWI Defense:
The Law & Practice Book
by John Collins
Purchase John Collins DWI Book