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Couple looking over foreclosure documents

How Do You Prove Wrongful Foreclosure?

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Homeownership is the dream of many Americans. Unfortunately, economic downturns and inflated home prices have put families across the U.S. in the troubling position of having mortgages they cannot keep up with. The prospect of losing a home is devastating. When you are already under financial stress, it can all seem like too much to handle. If you are facing the possibility of foreclosure, you may still have options. Sometimes, due to things like bank error, you can prove wrongful foreclosure and might be able to save your home.

Proving Wrongful Foreclosure

A lender foreclosing on a home has two options. The lender may choose to institute a judicial foreclosure action. In a judicial foreclosure action, a judge will oversee the process and decide how much is actually owed on your home. If you are unable to pay this amount within a certain amount of time, the court will proceed with auctioning your home. If you can come up with the money and any interest, you can get your home back. 

In the alternative, a lender may choose the non-judicial foreclosure route. While not subject to court oversight, there are very strict laws with which a lender must comply with in order to execute a non-judicial foreclosure. In fact, a non-judicial foreclosure is sometimes referred to as a “statutory” foreclosure because of the statutes that must be observed during the process. Should the lender fail to comply with statutory requirements, you may use the violations as grounds for challenging the foreclosure.

You may be able to stop either a judicial or nonjudicial foreclosure by asserting wrongful foreclosure. One of the first places to look to challenge a foreclosure is to look at the lender’s grounds for the foreclosure. You can prove wrongful foreclosure if you have substantiated evidence that the lender has miscalculated the amount of your financial delinquency. In the alternative, you may be able to assert wrongful foreclosure if you can prove that the bank or lender is targeting you for a different reason.

Finding and proving justifiable grounds for a wrongful foreclosure lawsuit requires careful attention to details. It requires a thorough inspection of the mortgage terms. If the terms of the mortgage are unconscionable to the point where they would “shock the conscience,” then this may be a way out of foreclosure. This, however, is a tough standard to meet. Alternatively, you may be able to prove unfair lending practices. Lending institutions are required to provide you with critical pieces of information relating to your mortgage and your rights under your mortgage. If the bank failed to keep you informed about the foreclosure process or your rights, then this may be grounds for wrongful foreclosure.

Wrongful Foreclosure Attorney

If you are facing the prospect of foreclosure, know that you still have options. The Law Offices of Bryce Cook will look at the individual details of your case to find out the best way to help you. We are committed to fighting for our clients as we work to save their homes from foreclosure. Contact the Law Offices of Bryce Cook today.

Foreclosure sale

Can You Reverse a Foreclosure Sale?

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A foreclosure sale of your home is devastating. On top of financial difficulties, the loss of a home is most likely one of the toughest blows to take. Unfortunately, foreclosure sales do happen. Lenders sell off foreclosed upon property in order to try and recover some or all of the money that is owed on a mortgage. While it is a scary time to be in the midst of having your house sold at a foreclosure sale, know that you may still have options. Even in the event that your home has already been sold at a foreclosure sale, you may still be able to have the sale invalidated.

Reversing a Foreclosure Sale

Yes, you can reverse a foreclosure sale. The sale of your home may be invalidated. It can be an uphill battle, but the fight for your home can be well worth it. The actual process for having the foreclosure sale set aside will depend on whether the sale was through a judicial or non-judicial foreclosure. In a judicial foreclosure, the lender forecloses through the state judicial system. A homeowner in this type of foreclosure may assert wrongful foreclosure in the already pending court case. In a nonjudicial foreclosure, the homeowner will usually need to file a lawsuit in state court in order to pursue the reversal of a foreclosure sale.

Certain circumstances warrant the invalidation of a foreclosure sale. Generally speaking, in order for this to happen, the homeowner must be able to show something like there was an irregularity in the foreclosing process that would render the sale void pursuant to state law. Alternatively, the homeowner may assert that the lender failed to comply with the terms of the mortgage or that the sale price on the foreclosed-upon property was so inadequate as to “shock the conscience.”

There are state statutes that are specific about the procedures that must be followed during foreclosure. Should a lender or loan servicer fail to comply with state statute, the irregularity could substantiate the reversal of a mortgage foreclosure sale. An irregularity in the foreclosure process may be something like the loan servicer failing to send notice to the borrower. Any failure to comply with state foreclosure laws has the potential to invalidate a foreclosure sale.

Alternatively, a lender’s failure to comply with the terms of the mortgage contract may also serve as grounds for the reversal of a foreclosure sale. This requires a thorough review of the mortgage contract terms. Often in mortgage contracts, there are requirements that the loan servicer must observe. The borrower has rights under the contract that must be honored. For example, the lender may be required to send a breach letter to the borrower which grants them a 30-day window in which to cure a default prior to initiating a foreclosure procedure. Failure to send such a letter may act as grounds to reverse a foreclosure sale.

A foreclosure sale may also be invalidated if the sale price was so low that it would “shock the conscience.” This is a high threshold to meet. Oftentimes, you will need circumstances in addition to a shockingly low sale price to push the court to invalidate a foreclosure. Proof of the unfairness of the sale price would help. For instance, a lender may have gone on to resell the foreclosed-upon property at a much steeper price immediately following the foreclosure sale.

Wrongful Foreclosure Attorney

Lenders and mortgage loan servicers are obligated to follow strict procedures when foreclosing on a property. The Law Offices of Bryce Cook work to hold them accountable for their errors as we fight for you to keep your home. Contact the Law Offices of Bryce Cook today.

Two cars in an auto accident.

Is UM/UIM Coverage Worth It?

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Arkansas has minimum insurance requirements for all drivers to carry. Arkansas law mandates that drivers carry a minimum of $25,000 per person, $50,000 per accident in bodily injury protection. Additionally, drivers must carry $25,000 per accident in property damage coverage. If a person is caught operating a vehicle without having this required insurance coverage, he or she may face substantial fines and other penalties. Additionally, under Arkansas law, insurance companies must offer Uninsured and Underinsured Motorist Coverage (UM/UIM) to all drivers. UM/UIM coverage is not, however, required. It is optional insurance coverage. 

The insured driver must sign a statement expressly rejecting UM/UIM coverage. Drivers, however, should pause before rejecting UM/UIM coverage. It is an important decision and, while carrying UM/UIM coverage means you will be paying more for your insurance premiums, it can prove invaluable down the road.

Understanding UM/UIM Coverage

Despite the fact that Arkansas law requires drivers to carry bodily injury insurance coverage, many drivers still choose to drive without this required coverage. In fact, the Insurance Information Institute reports that Arkansas is one of the top 10 states in having the highest percentage of uninsured motorists. The Insurance Information Institute estimates that 16.6% of Arkansas drivers do not have insurance. This means that UM/UIM coverage can be very important to have.

Uninsured and underinsured insurance coverage, referred to as UM/UIM coverage, provides benefits to you, the insured, should you be involved in an accident caused by a driver who is either uninsured or does not have enough available insurance to fully cover your losses resulting from the accident. This coverage will also apply should you be the victim of a hit and run accident. While many Arkansas drivers do not carry auto insurance, many more only have the minimum required insurance coverage. Should you be injured in an auto accident, your damages can very quickly exceed the minimum insurance coverage. Should you elect to have UM/UIM coverage, your insurance coverage will then provide valuable benefits to help you cover the damages you sustain that exceed the other driver’s insurance limits.

If you are hit by an uninsured or underinsured driver and you do not have UM/UIM, it could be very difficult or next to impossible to recover the compensation you need to cover your accident-related expenses. You could sue the at-fault driver personally for your damages and you may even “win” a big settlement in court. However, you may not actually receive payment on this settlement. Drivers who do not carry insurance or only carry minimum insurance coverage often do not have the money or assets to cover these kinds of money awards. This means you will only be left with a court-ordered settlement and no actual payment.

Personal Injury Attorney

If you have been injured in an accident, get in touch with the Law Offices of Bryce Cook. We will not only investigate the accident right away, we will also look into all possible avenues of monetary recovery for you. We are committed to our clients and tirelessly work towards seeing that they are fully compensated for their losses. Contact the Law Offices of Bryce Cook today.

Man arrested for a drug crime.

Common Drug Crimes

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Drug charges are among some of the most commonly charged criminal actions. If you have been charged with a drug crime, you face potentially severe penalties including substantial fines and incarceration. The State of Arkansas has made a point to crack down on criminal infractions related to controlled substances. If you are facing a drug crime charge and end up convicted, state prosecutors will be looking to enforce the harshest possible sentences. Get trusted criminal defense counsel by your side as soon as possible to prevent a criminal charge from turning into a conviction.

The Most Common Drug Crimes in Arkansas

Drug possession is one of the most common drug crimes. Under Arkansas criminal laws, three elements must be present for a person to be found guilty of this crime:

  • The person must have “possessed” the substance. This means that the person was in charge of the substance, exercised ownership rights over the substance, or was in control over the substance. The individual may also have had “constructive possession” over the substance. This means that you do not need to have actually been in physical possession of the substance. Having control over the substance is enough even if it is not directly on your person.
  •  The substance must have been designated under Arkansas law as a “controlled substance.”
  • The person must have had knowledge of the substance’s presence.

Another common drug crime that is a notch above simple drug possession in terms of severity is possession with intent to deliver. For purposes of this criminal charge, delivery may refer to selling the controlled substance or merely delivering them to someone else. The penalties for possession with intent to deliver can be significantly more severe than those associated with simple drug possession.

Possession of drug paraphernalia is also a common drug crime. There are two main categories of drug paraphernalia. One of them includes items used to inject, inhale, or bring the controlled substance into the body another way. Possession of this class of paraphernalia is considered a Class A misdemeanor. If the paraphernalia is associated with cocaine or methamphetamine, then it may be considered a Class D felony. The other category of drug paraphernalia involves any item that is used to produce, grow, manufacture or is related to the preparation or creation of a controlled substance. This type of drug paraphernalia can land you facing a Class D felony if found in your possession. If the controlled substances are cocaine or methamphetamine, then you face a Class B felony

Penalties for those convicted of a drug crime generally depend on the amount of the controlled substance involved as well as the nature of the controlled substance involved. Additionally, your prior criminal records may be considered during sentencing. Some with past criminal infractions will be ineligible for alternative sentencing and face enhanced penalties for subsequent convictions. The use or possession of a deadly weapon is also likely to result in harsher penalties.

Criminal Defense Attorney

Facing a criminal drug charge is a serious matter. It is not, however, the time to lose all hope. You can successfully fight drug charges and prevent them from turning into convictions. That’s what the Law Offices of Bryce Cook does. We fight for our clients by mounting the most rigorous criminal defense possible. Contact the Law Offices of Bryce Cook today.

Someone holding a notice of foreclosure before going through the redemption period.

Is There a Foreclosure Redemption Period in Arkansas?

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Most people who buy a house signed a mortgage with a lender. The signed mortgage document grants the lender the authority to sell the property, should you fail to make the required payments on the loan. The process of selling the property is referred to as “foreclosure.” Upon the sale of the property, the lender uses the proceeds to pay off the outstanding debt. In some states, and under certain circumstances, homeowners have the right to redeem the home for a certain amount of time after the foreclosure. In other words, the homeowners have a period of time to get their home back. This time frame is referred to as the “Foreclosure Right of Redemption Period.”

What is the Foreclosure Right of Redemption Period?

A right of redemption period may refer to a homeowner’s ability to save the home from foreclosure prior to the sale by paying off the mortgage balance, fees and costs prior to the foreclosure sale. It may also refer to the ability of the homeowner to repurchase the home after the foreclosure sale by paying a specified amount of money by a specific date. All states allow homeowners to redeem the property and save the home from foreclosure prior to the foreclosure sale. The homeowner would need to pay off the remaining mortgage balance, as well as fees and costs. This is referred to as the “equitable right of redemption.”

Only around half of the states have a law in place granting homeowners the right of redemption after the foreclosure sale. This is referred to as the “statutory right of redemption.” Usually, in states that have a statutory right of redemption, the homeowner must pay the bid price, plus interests and fees to the person or entity who purchased the home at the foreclosure sale. Arkansas does allow for a right of redemption period after the foreclosure sale, but it is only available under certain circumstances. If the property was foreclosure through a non-judicial foreclosure process, then there is no right of redemption.

In some states, the mortgage lender must go through the court to foreclose. This is referred to as “judicial” foreclosure. Other states allow the lender to choose an out of state foreclosure process referred to as “non-judicial foreclosure”, and Arkansas is one of these states. In fact, many foreclosures in Arkansas end up being non-judicial. Again, if a property in Arkansas was foreclosed upon through a non-judicial foreclosure process, then there is no right of redemption. If it was through a judicial foreclosure, however, there is a right of redemption period. The home sold through a judicial foreclosure sale can be redeemed by the homeowner within 12 months after the sale.

Arkansas Wrongful Foreclosure Attorney

If you are facing foreclosure, there are still ways to save your home. Reach out for help. Attorney Bryce Cook stands by his clients as he fights to save their homes. Contact the Law Offices of Bryce Cook today.

Attorney explaining an order of protection to their client.

What Is an Order or Protection?

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Being served with an Order of Protection is a serious matter and the repercussions for you, should the Order stand, can be extensive. Eliminating or even minimizing the impacts of this kind of situation requires immediate action. Dedicated legal counsel can help you with this process.

Understanding What an Order of Protection Involves

Under the laws of Arkansas, courts are empowered to issue an order of protection in cases where there are either allegations of domestic violence or an imminent threat of violence. The Order may be criminal or civil. Civil orders relate to domestic relations cases and involve:

  • Current or former spouses
  • People who are dating
  • People who have dated someone who is living in the same house
  • Parent or in-law
  • Blood relations
  • People living together
  • People who used to live together
  • People who have a child together

An order of protection is intended to keep a person who has committed battery away from the victim of the battery. When an order is issued, it usually states that the person subject to the order is prevented from going within a certain vicinity of the victim’s home, job, school, or other places the victim goes. If living with the victim, he or she may be ordered to move out of the shared home. If children are involved, the order will likely state who is to have temporary custody of the shared children and will also establish a temporary visitation schedule. Contact with the victim is not allowed.

An order of protection may be temporary or permanent. A temporary “ex parte” order of protection is issued with the intent of providing immediate protection for the victim. If a judge feels the victim is in immediate danger, then this is the type of situation where a temporary order would be issued. It is issued “ex parte,” meaning the alleged abuser is not present when it is issued. A permanent order of protection, of course, lasts longer than a temporary one. It can only be issued after a hearing has been held where both parties have the opportunity to present their side of the story. The order can last anywhere from 90 days to 10 years. Even after it has expired, the order can be renewed.

Contact the Law Offices of Bryce Cook Today for Experienced Legal Counsel

If you are facing an order of protection, you are most likely already in a bad situation. You may feel judged. You may feel alone. On top of this, you are facing the serious consequences that come with being the subject of an order of protection. If it holds, the order can do things like restrict your movements, restrict your visitation with your children, and much more. This is not the time to go it alone. You need dedicated legal counsel by your side right away. Contact the Law Offices of Bryce Cook today.

A house going through a non-judicial foreclosure.

What Is Non-Judicial Foreclosure?

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To purchase your home, you likely signed a mortgage with the lender that granted them the right to sell your property through foreclosure should you fail to make loan payments. The lender would then use the proceeds from the sale to pay off your outstanding debt. About half of the states require that the lender file a lawsuit in court in order to foreclose on a property. This is called “judicial foreclosure.” Some states, such as Arkansas, allow lenders to foreclose on a property without court supervision, which is referred to as “non-judicial foreclosure.” Non-judicial foreclosure is the most commonly used foreclosure process in Arkansas.

What Happens in a Non-Judicial Foreclosure?

In the majority of cases, federal law prohibits a loan servicer from initiating foreclosure proceedings until the borrower has more than 120 delinquent loan repayments. This waiting period is meant to give financially struggling homeowners an opportunity to find a way to become current on their loan payments in order to avoid losing their home. Federal law also has general requirements for the loan servicer to go through “loss mitigation.” In loss mitigation, the servicer works with the borrower to try and avoid foreclosure.

The non-judicial foreclosure process will begin with a preforeclosure notice. No less than 10 days prior to initiating a foreclosure, the foreclosing party is required to mail a notice to the borrower. The notice must include a true and correct copy of the mortgage note with all required endorsements or a statement that the document is unavailable or lost. The notice must also include the name of the mortgage note holder as well as the location of the original note. The notice should also include information regarding loan modification programs and state that the default is due to failure to make payments.

Next, the foreclosing party is required to record a notice of default and intent to sell. This must occur at least 60 days prior to the sale. A copy of this notice must be sent, certified and first-class, to the borrower no later than 30 days after it is recorded. Additionally, a notice of the foreclosure must be published. It must appear in a newspaper for four consecutive weeks prior to the sale. It should also be posted at the courthouse and published online.

In the event that the foreclosure sale price does not cover the total mortgage debt, the lender may seek a “deficiency judgment” against the borrower for the difference. Arkansas allows the foreclosing party to seek such a judgment in the amount that is the total debt minus the fair market value of the property or the total debt minus the foreclosure sale price, whichever amount is less. A lawsuit to recover a deficiency judgment must be filed within 12 months of the foreclosure sale.

Arkansas Wrongful Foreclosure Attorney

If you are facing the loss of your home through foreclosure, the Law Offices of Bryce Cook is here for you. Attorney Bryce Cook is proud to fight for his clients so that they can stay in their homes. People facing foreclosure are usually experiencing some financial turmoil. The possibility that they will lose their homes can be overwhelming. Let us help fight for your home. Contact the Law Offices of Bryce Cook today.

A man with his lawyer, attempting to modify his child support order.

Can I Modify My Child Support Order?

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The amount and length of time for a child support obligation established by court order will remain in effect unless one of the parties files a motion to modify. Arkansas requires the payment of child support until a child reaches the age of 18 unless the child in question is still a full-time high school student. If the child is still a full-time high school student, then the child support obligation will last until he or she turns 19 or graduates from high school, whichever event occurs first. In some cases, such as if a child is disabled or incapable of supporting themselves, the child support obligation may last much longer. 

If you need a change in your child support obligation, you must seek a modification of the obligation through the court. You should not wait until you are in debt and you should not rely on any informal agreement you may have made with the custodial parent, as this could land you in trouble should they ever change their mind.

When Can You Seek Child Support Modification in Arkansas?

Arkansas law allows a person to seek modification of a child support order when the payor experiences a “material change in circumstances.” This means that the gross income of the payor has gone up or down by greater than 20% or greater than $100 per month. Modification is also permissible when the payor experiences a change in his or her ability to provide the child or children with health insurance. These kinds of material changes in circumstances often result from a job loss or starting a new job. 

If you have experienced a material change in circumstances and you are the payor of a child support obligation, you should seek modification immediately. It can take upwards of several months before the court can set a hearing date on your motion for modification. It can also take a substantial amount of time to get the court order modifying the child support obligation. The wait time can be especially stressful if you have experienced a substantial loss in income.

Arkansas Child Support Attorney

In child support modification cases, time is usually of the essence. If a person requires a modification of child support, it is usually due to financial struggles. Child support obligations can pile up in the meantime. In some situations, a motion for modification may request that the court hold a brief emergency hearing in order to schedule a hearing date for the motion for modification more quickly. The family law court system can be complex and difficult to navigate. 

For child support legal counsel you can count on, the Law Offices of Bryce Cook is here for you. Our knowledgeable family law attorney is here to answer any questions you may have and to provide legal counsel you can count on. Contact us today.

A couple filing for divorce.

Seven Things to Do Before You File for Divorce

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Ending a marriage is never an easy task, even when both parties agree that the marital union is irretrievably broken. Splitting up a household and dividing your life from your partner can be stressful, frightening, and painful. As you prepare to file for divorce, there are several things you can do yourself to help protect your legal rights, protect your best interests, and assist your Arkansas divorce attorney in preparing a strong divorce strategy to achieve the outcome you desire for your divorce action.

Seven Things to Do Right Now If You Are Contemplating Divorce

1. Get a Post Office Box.

Even if you expect to remain in the marital home, you want to protect your mail throughout the divorce process. Opening a post office box and entering a change of mail request with the post office can ensure you continue to receive your mail and your mail remains confidential. A post office box gives your attorney an additional way to communicate with you in hard copy that is safe and confidential.

2. Organize Your Documents

Once you tell your spouse you want a divorce; it may be more difficult to gather documents. Your spouse may try to prevent you from accessing certain accounts or documents. Therefore, now is the time to gather and organize your important documents for your attorney. Examples of documents you want to gather together include copies of:

  • Deeds, titles, registrations, appraisals, and other evidence of ownership of real or personal property
  • Tax returns and financial statements, including business records
  • Statements of account, including checking, savings, investment, retirement, Social Security, annuities, brokerage, and any other account that you or your spouse might have money invested or own an interest
  • Verification of debts, including mortgages, credit card statements, notes, loan agreements, bills, and statements
  • Employee benefit handbooks
  • Life insurance policies
  • Family Trusts and estate planning documents

Additionally, you should secure your personal identification records for you and your children, including your birth certificates, passports, and Social Security cards.

3. Interview Attorneys

It is wise to interview several attorneys before choosing a divorce attorney. While you might not want to ask friends and family members for recommendations because your interest could get back to your spouse, you can read online reviews and search websites for information about specific lawyers (just clear browsing history to retain privacy). 

You want an attorney who has experience handling the various aspects of your divorce (i.e. high-net-worth, custody disputes, alimony, property division, etc.). You also want a divorce attorney who takes the time to listen to you fully before offering you advice and suggestions. You should feel comfortable and confident with a lawyer before hiring the person to represent you in your divorce.

4. Develop a Safety Plan

If you live with an abusive spouse or you suspect your spouse may become violent when he or she discovers you want a divorce, it can be wise to have a personalized safety plan in place. A plan addresses the specific needs you might have if an emergency arises. The National Center on Domestic and Sexual Violence has a sample plan available online.

5. Make a Financial Plan

You need to know how much it will take for you and your children to live on your own after you file for divorce. A personal budget is the best way to determine how much income is needed to pay the bills. A financial plan helps you and your attorney set negotiating goals for the divorce. It also helps you identify areas in your budget that you might need to reduce to make ends meet. 

It can also help to have an emergency fund in place before you tell your spouse you want a divorce. Discuss how you can fund an emergency fund with your attorney before transferring money or property.

6. Talk with Your Attorney About Joint Accounts

Before telling your spouse that you are filing for divorce, review all joint financial and debt accounts with your attorney. Depending on your situation, your attorney may advise you to leave the accounts the same, close some accounts, or remove your name from accounts. Your attorney can help you devise a strategy to help avoid your spouse from emptying the accounts and maxing out credit cards in your name.

7. Set Goals for Custody 

Matters related to children are typically the most difficult aspect of a divorce action. Take a little time to set your goals for how you want to arrange custody and visitation. Talk to your lawyer about your goals to determine if they are realistic and whether the court might view your goals in a positive light. Knowing your goals before the divorce begins can help you maintain focus on what you want.

Before You File For Divorce Contact an Arkansas Divorce Attorney for More Information

The above steps are just a few of the things that you need to consider when preparing to file for divorce. We can review your situation and provide a specific guideline and checklist for preparing for divorce based on your unique circumstances, needs, and goals. Contact divorce attorney Bryce Cook today for a consultation.

Woman meeting her personal injury attorney.

What Does a Typical Personal Injury Case Look Like?

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To the person who is injured, a personal injury case is anything but typical. For many people, their first experience with the injury claims process is because of an accident, such as a car accident or a fall. They are unsure what to expect as they file their insurance claim and wait for an insurance adjuster to decide what the claim is worth. While some claims are simple, many personal injury cases are complicated, and victims can benefit from the assistance of an Arkansas personal injury attorney.

What Should I Expect When I File a Personal Injury Claim?

Most personal injury cases begin when the victim files an insurance claim with the other party’s insurance provider. For example, after a car accident, the injured parties file an insurance claim with the other driver’s insurance company. The insurance company assigns an adjuster to evaluate the claim. For claims involving traumatic injuries or complex issues, the insurance company might also assign a claims investigator or other professionals to work on the claim.

The claims adjuster investigates the claim, assesses liability, gathers information about damages, and calculates a value for the claim. If the insurance company accepts that its insured was responsible for causing the injury, it may issue a settlement offer to the victim. The victim can accept the offer and the case is closed, or the victim can deny the offer and pursue other options for recovering compensation for damages, such as negotiating a higher settlement amount or pursuing legal action.

Things to Be Aware of During a Personal Injury Case

The review above is a simple version of how a personal injury case may proceed. If the case involves traumatic or severe injuries, multiple parties, or disputed liability, it is best to seek the advice of an attorney as soon as possible. Insurance companies try to limit their liability. They want to pay as little as possible for a claim. Therefore, they use various tactics to undervalue claims or deny valid claims. Some things you should be aware of if you are handling your claim without an attorney include:

  • Anything you say could be used to harm your claim. Insurance adjusters may push you to make a recorded statement or provide a written statement. The statement is designed to gather information the company can use against you and also lock you into a version of the accident that could be used against you in court if your testimony is different from your initial statement. 
  • If you sign a medical release form, the insurance company may access your entire medical history unless you limit the access to records related to the accident. The insurance company would like access to your entire medical history to search for pre-existing conditions that it can argue caused your current condition or made your injuries worse.
  • The first settlement offer by an insurance adjuster is typically lower than the actual value of the claim. You have the right to negotiate a higher amount, but the adjuster might tell you that negotiating is not going to help or that it could hurt your claim.
  • A quick settlement may be intended to avoid paying a higher settlement amount. If you settle your claim before you complete medical treatment, you cannot file another claim for additional damages. The insurance company may be attempting to get rid of your claim before you understand the full extent of your injuries.

Contact an Arkansas Personal Injury Attorney for a Free Case Review

Personal injury cases are about people. They are about physical injuries, emotional distress, and financial damages. They are about the suffering caused by negligent, reckless, and careless individuals. They are not just about money, but insurance companies often focus more on the money than on the individual. Contact personal injury attorney Bryce Cook today for a consultation. We help accident victims seek the compensation they deserve after being injured. Before you settle a claim, talk to an attorney to ensure that you are being treated fairly and receiving just compensation for your personal injury claim.