When you think of a personal injury, car accidents and slip-and-fall incidents might immediately come to mind. While these are common examples, personal injury law covers a much broader range of situations, including not only physical injuries but emotional and psychological harm as well. Identifying what qualifies as a personal injury and how long a personal injury case may take often depends on whether someone was harmed due to another party’s negligence or misconduct. These cases typically involve physical, emotional, or financial harm caused by unsafe actions or failure to act responsibly.
At Gates Law Firm PLLC, our experienced Arkansas personal injury attorneys can help you determine if you have a viable claim and guide you through the legal process. If you’ve been injured and believe another party may be at fault, don’t hesitate to contact us at (501) 779-8091 for a consultation to explore your options for compensation.
What Qualifies as a Personal Injury?
A personal injury qualifies as any physical, emotional, or psychological harm caused by another party’s negligence, intentional act, or strict liability. Common personal injuries include car accidents, slip and falls, medical malpractice, and workplace injuries. Legal claims require proof of duty, breach, causation, and damages.
How Arkansas Defines Personal Injury Claims
In Arkansas, the legal framework for personal injury claims is distinct and well-defined by state statutes. A personal injury in Arkansas is primarily categorized as any harm that an individual suffers due to the actions, or lack thereof, of another party. This includes physical injuries, emotional distress, and other psychological harms that a person may endure as a result of an accident or other incident.
The process of filing a personal injury claim in Arkansas hinges on establishing negligence. This involves proving that the party at fault owed a duty of care to the injured person, breached this duty by acting or failing to act appropriately, and directly caused the injury, which resulted in compensable damages.
Arkansas follows a modified comparative negligence system as outlined in Arkansas Code § 16-64-122. Under this rule, a plaintiff may recover compensation provided their degree of fault is less than the combined fault of the defendant(s). If the injured party’s fault is equal to or greater than that of the defendant(s), the injured party is barred from recovery. Additionally, the total compensation awarded is reduced proportionately by the percentage of fault assigned to the injured party.
Arkansas also specifies statutes of limitations for personal injury claims, generally requiring that claims be filed within three years from the date of injury (Ark. Code § 16-56-105). However, exceptions exist, such as a two-year limitation for medical malpractice claims and a one-year period for certain intentional tort claims.
For anyone involved in a personal injury case, it is crucial to consult with a knowledgeable attorney who can provide guidance specific to Arkansas law and help maximize the compensation received.
Common Examples of Personal Injury
Personal injury cases in Arkansas often arise when someone is hurt due to another party’s negligence, carelessness, or failure to meet a legal duty. From car crashes to unsafe property conditions, these incidents can lead to serious physical, emotional, and financial consequences. Below are some of the most common situations that may give rise to a personal injury claim:
- Car Crash: Car crashes are among the leading causes of personal injury claims in Arkansas. If you’ve been injured in a car accident due to another driver’s negligence, you could be entitled to compensation for medical bills, lost wages, and pain and suffering. This applies whether you’re a driver, passenger, pedestrian, or cyclist involved in the accident.
- Slip-and-Fall and Premises Injuries: Property owners in Arkansas have a legal obligation to maintain reasonably safe premises for visitors. If you slip and fall due to hazardous conditions like a wet floor, uneven pavement, or poor lighting, you could have a valid personal injury claim. Liability may depend on whether the property owner knew, or should have known, about the dangerous condition and failed to address or warn about it.
- Workplace Injuries: While most job-related injuries in Arkansas are handled through the state’s workers’ compensation system, there are exceptions. If your injury was caused by a third party, such as a negligent contractor or defective equipment manufacturer, you may be able to pursue a separate personal injury claim beyond workers’ compensation.
| Common Examples of Personal Injury | Description |
|---|---|
| Car Crash | Involves collisions where another driver’s negligence may entitle victims—drivers, passengers, pedestrians, or cyclists—to compensation. |
| Slip-and-Fall / Premises Injuries | Occurs when hazardous property conditions cause injuries. Owners may be liable if they failed to fix or warn about known dangers. |
| Workplace Injuries | Usually covered by workers’ comp, but third-party negligence (e.g., faulty equipment or outside contractors) may justify a personal injury claim. |
Can Emotional Distress Alone Qualify as a Personal Injury in Arkansas?
Emotional distress alone can qualify as a personal injury in Arkansas if the distress is severe and caused by another’s negligent or intentional act. Courts may require physical symptoms or a recognized mental diagnosis to support claims based solely on emotional harm.
Situations You Might Not Realize Qualify as Personal Injury
While car accidents and slip-and-falls are more widely recognized, there are other, less obvious situations that also qualify as personal injury claims:
- Traumatic Brain Injuries (TBIs): Traumatic Brain Injuries can occur in various accidents, such as car crashes, falls, or even sports-related incidents, and may cause long-term damage. TBIs might not show immediate symptoms but can lead to severe cognitive, emotional, and physical challenges over time. If you’ve suffered a TBI due to someone else’s negligence, this qualifies as a personal injury claim, and you could be compensated for immediate and future medical expenses.
- Product Failures: Defective products that cause injuries are a common yet often overlooked area of personal injury law. If a product malfunctions and results in harm, whether it’s a household appliance, vehicle component, or another consumer product, you may have grounds for a product liability claim. This type of claim can be filed against the manufacturer, distributor, or retailer for negligence in design, manufacturing, or failure to provide proper warnings.
- 18-Wheeler and Trucking Accidents: Accidents involving large trucks and 18-wheelers are often far more complex than typical car accidents. The size and weight of these vehicles can lead to more severe injuries, and these cases may involve multiple liable parties, such as the driver, the trucking company, or even manufacturers of faulty truck parts. If you’ve been injured in a trucking accident, this also qualifies as a personal injury, and an attorney can help you navigate the complexity of these claims.
How Gates Law Firm PLLC Can Help
When an injury disrupts your life, having a trusted Arkansas personal injury attorney can make a meaningful difference. At Gates Law Firm PLLC, we offer legal support tailored to your situation and focused on helping you recover what you’ve lost. From car accidents and trucking collisions to traumatic brain injuries and product-related harm, our team handles a wide range of cases across Arkansas.
A skilled Arkansas personal injury attorney from Gates Law Firm, PLLC can guide you through each step of the claims process, deal with insurance adjusters, and represent you in court when needed. To speak with someone about your case, call us today at (501) 779-8091.
