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Traumatic Brain Injury

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A traumatic brain injury (TBI) can be a devastating and life-changing experience, often going undiagnosed or misdiagnosed in its early stages. According to the Centers for Disease Control and Prevention (CDC), approximately 190 Americans die from TBI-related injuries every day. Survivors may face lasting cognitive, emotional, and physical challenges that disrupt every part of life.

TBIs can happen in many ways. Car crashes, truck collisions, or faulty products can all lead to these life-changing injuries. Medical professionals look at factors like loss of consciousness or memory issues after the injury to determine if a TBI is mild, moderate, or severe. No matter the severity, the impact on your life can be profound.

At Gates Law Firm PLLC, we have represented numerous clients across Arkansas who have suffered TBIs caused by accidents, falls, and other incidents caused by the negligence of others. Led by experienced Arkansas major personal injury attorney Joseph Gates, our firm is committed to providing compassionate legal guidance to help you face these difficulties and secure the compensation you deserve.

If you or a loved one has suffered a TBI, our Arkansas traumatic brain injury attorneys at Gates Law Firm PLLC can provide the support and legal guidance you need. We can investigate your case, calculate your total damages, and handle the insurance companies to secure the full compensation you deserve for medical bills, lost income, and personal suffering. Contact us at (501) 779-8091 to learn how we can help.

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Arkansas Statute of Limitations & Notice Rule for TBI Lawsuits

After a traumatic brain injury, you have a limited time to seek justice. In Arkansas, you generally have three years to file a lawsuit for personal injuries. This timeline is established under Arkansas Code § 16-56-105. For most cases, like a car accident with a private driver, the lawsuit itself serves as the only required notice, and the clock starts running the day your injury occurred.

However, the rules can change significantly depending on who is responsible. If your TBI was caused by a medical provider, the deadline is shorter. You have two years to file a claim under Arkansas Code § 16-114-203. While a previous 60-day pre-suit notice rule was struck down by the courts, the process for a medical injury claim remains distinct, and the two-year deadline is strictly enforced. This shorter deadline highlights the importance of determining the cause of your injury early on.

A different and very strict notice rule applies if a government body is at fault. If a city, county, or state employee or agency caused your injury, you must follow specific claim procedures. For instance, claims against the state must be filed directly with the Arkansas State Claims Commission. Failing to provide the right kind of notice to the correct government entity can permanently bar you from recovery, even if you are within the general statute of limitations

These legal deadlines and notice rules are absolute, and missing them can permanently close the door on your right to recovery. This can feel overwhelming, but help is available. An Arkansas traumatic brain injury attorney can help you identify the exact deadlines that govern your case and take the proper legal steps to protect your future.

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Arkansas Traumatic Brain Injury Attorney

Joseph Gates

As the founder of Gates Law Firm PLLC, Joseph Gates is committed to seeking justice for those whose lives have been disrupted by traumatic brain injuries and other serious accidents. With a deep belief in accountability, Joseph fights to ensure those responsible for harm are held liable. He approaches every case with empathy, precision, and tenacity. 

Joseph leads his team with a simple but powerful principle: if someone causes harm, they must make it right. His firm is a refuge for injury victims and their families, offering steadfast support and experienced legal representation during life’s most difficult moments.

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Beyond compensation

We fight to expose wrongdoing and prevent future harm.

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Damages You May Recover in an Arkansas Brain Injury Claim

If you’ve suffered a traumatic brain injury, you’re likely facing a long and challenging road to recovery. Beyond the physical and emotional toll, the financial strain can be overwhelming. In Arkansas, you have the right to seek compensation for the losses you’ve endured. This compensation, also known as damages, can be broken down into a few categories.

First, there are economic damages. These are the tangible costs associated with your injury. Think of your medical bills, from the initial hospital stay to ongoing rehabilitation and therapy. It also includes any income you’ve lost from being unable to work and any future earnings you may miss out on. You can also be compensated for any property that was damaged in the accident.

Next, you have non-economic damages. These are for the losses that don’t have a specific price tag but are just as real. This can include pain and suffering, emotional distress, and the loss of enjoyment of life. Arkansas law recognizes how a brain injury can impact your relationships and your ability to enjoy your hobbies and daily activities.

In some rare cases, punitive damages may be awarded. These are not to compensate you for your losses but to punish the person or entity responsible for your injury, especially if their actions were intentionally reckless or malicious.

An Arkansas traumatic brain injury attorney can help you identify all of your losses, so you can receive the full compensation you deserve.

Type of Damages Description
Economic Damages Includes measurable financial losses such as:
- Medical expenses (hospital stays, therapy, rehab)
- Lost income and future earning potential
- Property damage
Non-Economic Damages Compensates for intangible impacts like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life and relationships
Punitive Damages Awarded in rare cases to punish especially reckless or malicious conduct, not tied to specific losses.

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Getting the Help of a Skilled Attorney at Gates Law Firm PLLC

A traumatic brain injury can alter your life in an instant, leaving you and your family to navigate a maze of medical, financial, and emotional challenges. The legal deadlines and notice requirements in Arkansas only add to the pressure. You do not have to carry this burden by yourself. An experienced attorney can protect your rights and fight for the resources you need to move forward.

Taking the first step toward legal action can feel daunting, but it is a crucial move to protect your future. At Gates Law Firm, PLLC, we can provide the compassionate support and tenacious legal representation you need. Our team can handle the fight for your rightful compensation, allowing you to focus completely on your recovery.

Contact us today at (501) 779-8091 to schedule your free, no-obligation consultation.

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