Car & Truck Accident Frequently Asked Questions

What does Arkansas law provide for payment to those injured by a negligent driver?

When you are injured by the negligence of another driver you immediately have a claim under tort law to be compensated for all of the consequences caused by the accident.

Those damages may include:

    • The nature, extent, duration, and permanency of any injury;
    • The reasonable value of any necessary medical care, treatment, and services;
    • Any pain and suffering and mental anguish experienced in the past;
    • Any disfigurement and visible results of the injury;
    • The reasonable expense of any necessary help in the home, which has been required as a result of the injury; and
    • If loss of consortium, an award of such damages as from the evidence would fairly compensate for the reasonable value of any loss of the services, society, companionship, and marriage relationship of a spouse proximately caused by negligence.

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I know the negligent driver has insurance. Why would I need an attorney?

Having insurance doesn’t automatically mean that you will be paid for all of your losses.

Insurance companies write insurance policies to provide payment only to the extent that the injured victim proves the other driver is legally responsible. Under the law, this requires the innocently injured victim to prove negligence on the part of the offending driver. Many people are surprised to realize that the insurance premiums they pay over many years do not automatically ensure a reliable source of money to cover the losses caused by life altering injury. In fact, it is often likely that the innocently injured victim will be in a position to have to file a legal claim against his or her own insurance company to get the full amount of benefits they have paid a princely sum over the years to receive.

You will only be compensated for those injuries you or your attorney can prove were caused by the accident. This seems like a simple enough proposition. However, what most people do not realize until they have to make an insurance claim against a large and deeply funded insurance company is that the insurance company will almost always disregard your claims of pain and suffering without some medical documentation. Proof is required. That proof is ordinarily comprised of medical records and bills showing your diagnoses plan of care, and course of treatment. The costs are reflected as well.

Our experienced injury attorneys know how to present pain complaints.

One problem, however, is that complaints of pain are often experienced without allowing for medical personnel to measure it. Many car accident victims are asked to rate the level of their pain to their treatment providers by giving a number between one and ten. Notably, modern medical science has not developed any fully reliable device or technique capable of measuring this pain other than taking a person’s word for it. Many people are surprised to find that their good neighbor’s multinational insurance corporation may work to disregard accident victims’ reports of pain. So, injured accident victims might be surprised to find that complaints of pain are good enough for their medical providers who have actual medical training and experience, but not good enough for the non-medical claims handling personnel assigned by the for profit insurance company to place a monetary value to it. Experienced personal injury lawyers know how to present evidence of pain and suffering, which is indeed a compensable part of your injury claim despite insurance company adjusters and their attorneys’ efforts to discount or ignore them.

Some common problems with presenting an injury claim are that not all injuries lend themselves to indisputable proof. Absent proof and reliable ways of demonstrating that proof to insurance companies that have incentives not to pay you full value, many people are stuck with an uncompensated injury.

Why Contact Collins, Collins & Ray?

Our experience and willingness to take good cases to trial sets us apart.

Our attorneys have significant experience with accident claims. Two of our attorneys are former certified police officers assigned to investigate and document accident claims. One of our attorneys worked for nearly a decade providing insurance defense representation, which included direct representation of insurance companies and their insured negligent drivers.

Further experience includes significant statewide jury trial verdicts and resolution of complex claims through alternative dispute resolution (mediation) and settlement conferences. Our firm puts this experience to work on behalf of our clients.