Every day, people are hurt by someone else’s negligence, recklessness, or misconduct. These incidents result in personal injury lawsuits in which the at-fault party is held responsible for compensating the injured person for any losses. To recover damages, many cases require filing a claim with the responsible party’s insurance company, which can be overwhelming when you are in pain.
At LeVar Law Injury & Accident Lawyers, our injury and accident lawyers are ready to step in and take these burdens off your shoulders. Our law firm is ready to take your case, big or small, with over a decade spent fighting for our clients against big insurance companies. Speak with a personal injury lawyer in Bentonville, AR during a free, no-obligation consultation when you contact us today.
Why Choose Our Law Firm for Your Bentonville Personal Injury Case?
If you or someone you love has been injured by another party’s careless or intentional acts, you have the right to seek justice and compensation from them. A personal injury can happen to you at any time, whether driving in downtown Bentonville at Central and A Street or grocery shopping at Aldi or Walmart. These cases can be complicated and involve many parties, making them more difficult to handle on your own.
At LeVar Law Injury & Accident Lawyers, we will listen compassionately to your story during your free consultation. When we accept your case, we investigate all aspects of the situation, collecting relevant evidence. We negotiate diligently on your behalf with insurance companies that sometimes put their profits ahead of your injuries. When necessary, we prepare your case for trial and litigate fiercely to show the judge and jury how you deserve compensation.
We strive to settle your claim quickly, but never compromise when we feel we can secure more, and our reputation for taking cases to court often encourages insurers to make better offers. Above all, we are committed to helping you put your life back together while obtaining maximum financial resources so you can do so. When you bring us an injury claim, it’s not just your case; it’s our case.
We Manage All Kinds of Personal Injury Cases in Bentonville
As experienced and trusted accident attorneys, we pursue a wide range of personal injury claim types. Below is a general overview of the cases we handle.
Car Accidents
The National Highway Traffic Safety Administration (NHTSA) estimates there were as many as 606 traffic fatalities in Arkansas in 2024. In Benton County, the Arkansas Department of Health recorded 27 traffic deaths in 2022. Even more people are injured in car crashes, their lives upended with serious harm.
Recovering from a collision requires dedicated guidance from our skilled Bentonville car accident lawyers. In many cases, you may have bills and require treatment for many months afterward. When a drunk or careless driver hurts you or a loved one, we are there to help you seek full damages.
Truck Accidents
Even more devastating than passenger car collisions, accidents with a commercial truck can leave victims with life-altering injuries. These can include traumatic brain injuries, spinal cord damage, and organ damage. Those who survive may need lifelong care and be unable to work again.
Our truck accident lawyers will stand up to large trucking companies and fight for your interests. These companies usually carry substantial insurance policies and may settle out of court to avoid damaging publicity over their negligence. Regardless of your circumstances, we treat every case as our most important one, so you can rely on us.
Motorcycle Accidents
The NHTSA reported 82,687 motorcycle injuries in the U.S. in 2022, despite motorcycles being only 3% of all registered vehicles on the road. Riding a motorcycle puts you at tremendous risk when other drivers are negligent or reckless. You have little protection, meaning you are more likely to suffer severe and debilitating injuries.
Sometimes, insurance companies fall prey to motorcycle bias, assuming you were at fault for your own crash. When you partner with a Bentonville motorcycle accident attorney from LeVar Law Injury & Accident Lawyers, you will find a legal champion on your side to push back against these assumptions. We work to collect evidence showing how the other driver is at fault and minimize any blame on you.
Premises Liability Claims
Property owners, whether commercial or residential, owe a duty of care to keep their property safe, clean, and free from hazards. This duty is owed to nearly everyone who enters the property, although it is limited for trespassers. If you are hurt from a slip, trip, fall, or other type of accident on someone else’s property, you may need help from our premises liability lawyers.
For example, if you slip on spilled liquid when someone drops a drink in a local pub, you may be able to file an insurance claim or sue the bar for negligence. If a homeowner has a party but does not tell guests about an unrepaired staircase, the homeowner could be held liable for injuries when someone falls through a broken step. These claims can be challenging, so contact us to learn more about your options.
Amusement Park Accidents
Amusement parks offer thrills and fun, but constant wear and insufficient maintenance on the roller coasters and other attractions can put you and your family at risk. The Arkansas Department of Labor’s Occupational Safety and Health agency oversees amusement ride inspections and requires operators to carry liability insurance for injuries to patrons. All rides should undergo inspection at least every six months and carry no less than $1 million in insurance per incident.
Under Arkansas Code Ann. 23-89-502, a failed inspection means the operator must close the ride immediately until it is repaired and meets the inspection criteria. If your attorney finds the ride malfunctioned while being operated after failing inspection, you may be able to secure additional damages because of the operator’s intentionally negligent actions.
Construction Accidents
Working in construction means you spend your time handling dangerous materials, working in high elevations, and managing heavy equipment. The risk for electrocution, falls, crush injuries, and other injuries is very high, and you may have significant recovery costs while you heal. Securing workers’ compensation benefits can be complicated, and you may need guidance from a skilled construction accident attorney.
In addition, third parties could be responsible for your accident, so untangling liability in a construction site accident can be difficult. In some instances, you could claim benefits and pursue a personal injury lawsuit against contractors, outside vendors, and other entities besides your employer. Your personal injury attorney can examine your case and help you determine the right path for your needs.
Dog Bite Incidents and Animal Attacks
Under Arkansas dog leash and dog bite laws, dog owners are responsible for keeping their pets contained on their property or on a leash at all times. If their dog gets loose and hurts someone, the owner can be held liable for injuries and property damage, usually under their homeowner’s insurance policy. Even if the dog does not bite, you could be hurt if it knocks you over.
Dogs and other animals may cause serious injuries to small children, elderly individuals, or those who are frail or have mobility issues. You can claim compensation for a dog bite or other harm from an animal, including livestock or other pets. Your dog bite attorney will help you collect evidence that demonstrates the owner’s negligence and financial liability for your damages.
Wrongful Death Claims
In the most tragic instances, the victim of a personal injury dies as a result of someone else’s actions. Whether it’s a fall, dog bite, or car accident, the loss to their surviving family members can be devastating, both emotionally and financially. Securing justice on behalf of the deceased requires a highly skilled wrongful death attorney who will work tirelessly.
At LeVar Law Injury & Accident Lawyers, we can help you file the necessary documentation and ensure your case meets the four elements of a valid wrongful death claim. We recognize that no amount of money will replace your lost loved one, but it can provide the resources you need to process your grief and begin to move forward with your life.
The Personal Injury Claims Process in Arkansas
Filing a personal injury claim in Arkansas follows a general process that applies to most cases. Although it appears simple on the surface, it is full of special procedures and requirements that can confuse someone without legal experience. Although each case is unique, our attorneys will help you through each step, including:
- Assessing Your Claim: During a free case review, your lawyer can evaluate the strengths and weaknesses of your claim to understand whether you can pursue it. They can also answer your questions about what to do next.
- Collecting Evidence to Show Negligence: This includes acquiring photos, videos, police reports, medical records, witness statements, and expert testimony to support your claim against the at-fault party.
- Filing an Insurance Claim: You can begin by filing a claim against the other party’s insurance provider to recover damages, then negotiate for an appropriate settlement.
- Filing a Personal Injury Lawsuit: If the negotiations are unsuccessful, your attorney may advise moving to trial to secure full damages before a judge and jury.
- Discovery: Each side shares its evidence and continues negotiation discussions while preparing for trial.
- Litigation in Court: Your lawyer presents your side and fights to persuade the court of the other party’s liability.
- Appeals: If needed, your attorney can appeal your claim for a more favorable decision.
Throughout this process, you need a strong legal advocate who understands local, state, and federal laws that may impact your claim. Our personal injury law firm will work to demonstrate how you were wronged and who is to blame. We will also help you calculate what your case is worth and present documentation supporting your damage demands.
The Four Elements of Negligence in a Personal Injury Claim
All personal injury claims hinge on demonstrating how one party was negligent or intentional in their actions against another. The law puts the burden of proof on the claimant (victim) to meet the four elements of negligence, which are:
- The At-Fault Party Owed You a Duty of Care: Whether it is driving safely, maintaining a hazard-free property, or selling a safe product, you must show how the other side had a duty to you and others.
- The At-Fault Party Failed to Uphold Their Duty: You must demonstrate the way the other side breached their duty to you.
- The Breach Led to Your Injury: You can present medical records, photos, police reports, and other evidence showing a direct relationship between the at-fault party’s breached duty and your injury.
- You Have Damages: You can provide receipts and other evidence supporting your claim for financial compensation for the costs associated with your personal injury.
Whether your case proceeds to trial or not, your attorney can help you meet these criteria for insurance negotiations. Doing so gives you a stronger standing to demand appropriate compensation and can encourage the insurer to make a better settlement offer more quickly. Companies often choose to settle rather than face the time and expense of a public trial.
What Kinds of Damages Can You Claim in Your Personal Injury Case?
Each case will be unique, so we cannot give you an idea of your case’s value until we speak with you and examine the details. However, there are many kinds of losses you may overlook, and our team can ensure you do not miss claiming what you deserve.
In Arkansas, you can seek both economic and non-economic damages. Economic losses are those with a set value, such as medical bills, while non-economic ones address your pain and suffering.
Common damages in a personal injury claim might include:
- All your medical bills, including any emergency transportation, surgeries, hospital costs, and follow-up appointments
- Rehabilitation and therapy costs
- Home renovation expenses if you suffer a permanent disability
- In-home or facility-based nursing care
- Lost income, benefits, and bonuses
- Diminished earning capacity
- Mental anguish, emotional distress, and loss of enjoyment of life
- Pain and suffering
- Permanent disability, such as from traumatic brain injuries, loss of limb, or loss of organ function
- Isolation from society after scarring and disfigurement
In some instances, the court may award punitive damages if you can show evidence that the defendant knew or should have known their actions would harm others, or that they intentionally acted to cause you harm. These are rare, but your attorney can advise you if your case qualifies for punitive damages on top of your compensatory damages.
Insurance Companies May Choose to Protect Their Interests, Not Yours
Even when you have been a policyholder for many years, it is important to recognize that your insurance company is a business, usually for profit. It values your premiums because they contribute to its bottom line, but it may come up short when it is time for you to make a claim. This is even more true if you are filing against another party’s insurance policy.
Insurance companies sometimes hire investigators to verify whether your injury claim is valid. These investigators may follow and photograph you, scour your social media presence, and speak to your friends and family. If they can find evidence that your claim is without merit, they will make it much harder to obtain compensation.
No matter how much your case is worth, you could face roadblocks to securing the settlement you need without an experienced negotiator on your side. It is easy to say the wrong thing while talking with insurance adjusters, and they will often use that against you to reduce or deny your claim. Instead of taking that risk, allow a personal injury attorney from LeVar Law Injury & Accident Lawyers to handle these conversations for you so you can focus on getting better with less stress.
What Happens If You Are Partly at Fault for Your Injuries and Property Damage?
While there are instances where the other party is completely at fault for your harm, many personal injury cases involve some contribution from the victim. For example, suppose a dog breaks free from its enclosure and bites you because you were provoking it. The law may find that you are 20% responsible for your injuries under Arkansas’s modified comparative negligence rule.
Under that rule, you can still seek compensation if you were less than 50% at fault for the accident. Any percentage assigned to you will impact your settlement if you win, so a 20% fault will mean you receive 20% less. The other side may work to push more of the blame onto you to reduce what they may have to pay.
If you did contribute to your injuries, you should be honest with your lawyer about what happened. This allows them to put together defenses against the other side’s arguments and present the strongest case for you. Your lawyer can also properly asses whether your claim could be successful, potentially saving you time and money.
Contact Our Bentonville Personal Injury Attorneys Today
After you have been injured, you must act quickly to seek justice. Arkansas has a three-year statute of limitations, and you could lose your chance to file a claim if you wait too long. If the deadline expires, you may be left paying out of pocket for your damages.
At LeVar Law Injury & Accident Lawyers, we are dedicated to guiding you through the details of taking legal action against those who hurt you or your loved ones. Our personal injury lawyers in Bentonville, AR will tailor your case to address your needs and maximize your compensation. When you need help after suffering injury from someone else’s negligence, contact us to arrange a free consultation and get started today.
