A serious injury changes things fast. There are doctor visits, missed work, bills, and calls from insurance adjusters, all while you are trying to heal. I’m Bryce Cook, a trial lawyer in Jonesboro. Personal injury cases are part of the civil litigation side of my practice. This page explains how these cases work under Arkansas law so you can make informed choices about what to do next.
What is a personal injury case?
A personal injury case is a civil claim for harm caused by someone else’s carelessness or wrongdoing. Most of these cases are about negligence. Negligence means a person or company did not use the care a reasonable person would have used in the same situation. That can be something someone did, like running a red light. It can also be something they failed to do, like fixing a broken step they knew about.
To recover money in a negligence case, the injured person generally has to show four things:
- The other party owed a duty of care.
- They breached that duty.
- The breach caused the injury.
- The injury led to real losses, called damages.
A personal injury case is separate from any criminal case. A driver can face criminal charges and still be sued in civil court for the same crash.
Kinds of injury cases I handle
Each kind of case raises its own questions. These pages go into more detail:
- Car accidents: insurance claims, fault, and what to do after a wreck.
- Truck accidents: commercial carriers, federal safety rules, and who else may be responsible.
- Motorcycle accidents: Arkansas helmet and eye-protection rules and how fault is argued.
- Pedestrian accidents: right of way and claims involving public streets.
- Slip and fall injuries: what to document right after a fall.
- Premises liability: what property owners owe visitors, including dog bites and unsafe conditions.
- Product liability: injuries caused by defective or dangerous products.
- Wrongful death: who can bring a claim when a family member dies.
How fault works in Arkansas
Arkansas uses a comparative fault rule (A.C.A. § 16-64-122). If more than one person is to blame, fault is divided by percentage. Your damages are reduced by your share of the fault. If your fault is equal to or greater than the fault of the person you are suing, you recover nothing.
Here is a simple example. Say a jury finds your damages are $100,000 and you were 20 percent at fault. Your recovery would be reduced to $80,000. If the jury found you 50 percent at fault, you would recover nothing.
Insurance companies know this rule well. It is common for an adjuster to suggest you were partly to blame. That is one reason to be careful about what you say, and what you sign, before you understand your options.
Deadlines matter
In Arkansas, the deadline to file most personal injury lawsuits is generally three years (A.C.A. § 16-56-105). Some claims have different rules. Medical malpractice claims have their own deadlines. Claims against the State go to the Arkansas State Claims Commission. Cities and counties are generally immune from suit except to the extent of their liability insurance (A.C.A. § 21-9-301). Some deadlines can be short. If you think you may have a claim, do not wait to ask about it.
What damages can include
Every case is different, and I can’t tell you what a case is worth without knowing the facts. In general, damages in an injury case can include:
- Medical bills, past and future
- Lost wages and lost ability to earn
- Property damage, like a vehicle
- Pain, suffering, and mental anguish
- Lasting physical limits or scarring
What I do on an injury case
My job is to learn what happened and explain your options honestly. That usually means gathering police and medical records, talking with witnesses, collecting photos and video, and dealing with the insurance companies. Many claims are resolved through negotiation. Some are not, and then the case may go to court. I’m a trial lawyer. I have served as a public defender and as a deputy prosecuting attorney, and I’ve been licensed in Arkansas since 2009. I’ll tell you plainly what I see in your case, good and bad.
What to do after you are hurt
- Get medical care, and follow your doctor’s instructions.
- Take photos of the scene, your injuries, and any property damage.
- Write down names and phone numbers of witnesses.
- Keep your bills, receipts, and records of missed work.
- Be careful about recorded statements and signing releases before you get advice.
- Don’t post about the incident or your injuries on social media.
Common questions
Do I have to go to court?
Not always. Many injury claims are resolved without a trial. But filing a lawsuit is sometimes needed to protect a deadline or move a claim forward. We will talk through that choice together.
Where do you handle cases?
I’m based in Jonesboro and regularly handle cases in the 15 counties of the Second, Third and Sixteenth Judicial Circuits, across Northeast and North Central Arkansas. I also take select cases elsewhere in Arkansas. See the courts I serve.
Who will I be working with?
Me. I’m the lawyer at this firm, and Sara Beth is our lead paralegal. You can learn more about me or see my other practice areas.
Talk with a Jonesboro injury lawyer
Call my office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This is a family business. Sara Beth and I are a family that cares about yours. I want to be your lawyer.
This page is general information about Arkansas law, not legal advice for your situation.