Arkansas Personal Injury FAQs

First, get to a safe place if you can and make sure everyone is okay. If anyone is injured, call 911 and get emergency medical help on the way. Safety always comes first.

Second, document what you reasonably can. Take photographs, gather witness information, and exchange basic information with the other parties if it is safe to do so.

Third, seek medical care as soon as possible, even if you believe your injuries are minor. Many serious injuries do not show symptoms immediately, and delayed treatment can both harm your health and complicate an injury claim.

Fourth, contact Cowan Law Firm as soon as you can. Early involvement allows us to preserve evidence, guide communications with insurance companies, and help you avoid mistakes that can negatively affect your case.

In most injury cases, yes.

If you were not injured and the matter involves only property damage, you may be able to handle it yourself. Those claims are usually more straightforward.

If you were injured, you should understand that the insurance company’s goal is to resolve the claim for as little as possible. Early conversations are often used to lock in statements before the full scope of injuries is known. Consulting a lawyer early helps level the playing field and prevents mistakes that can’t be undone later.

In most cases, no — at least not without legal advice. Recorded statements are often taken before the full scope of injuries is known, and they can later be used against you. Once a statement is given, it cannot be taken back.

Arkansas follows modified comparative fault. You can recover damages if you are less than 50% at fault, but your recovery may be reduced by your percentage of fault. Fault disputes are common and often change as evidence develops.

Any lawyer who claims to know the value of your case early on — or uses a “case value calculator” — is not being honest with you.

Case value depends on many variables, including liability and fault disputes, the severity and duration of injuries, medical treatment and documentation, insurance coverage, and the ability to pay. Early estimates are often wrong.

Most injury cases are handled on a contingency fee, meaning attorney fees are paid as a percentage of the recovery. If there is no recovery, there is no attorney fee.

No — not in a personal injury case handled by Cowan Law Firm.

We advance the case costs and expenses, which are reimbursed only from a settlement or verdict. If there is no recovery, you do not owe attorney’s fees.

That depends on how your medical care is paid for.

In many cases, treatment is initially paid by your own health insurance. If so, the insurer may assert a lien seeking reimbursement.

In Arkansas, non-ERISA plans are generally subject to the Made Whole Doctrine and typically do not have to be reimbursed unless the injured person has been fully compensated. Medicare and Medicaid must always be reimbursed and follow federal rules.

Part of our job is identifying and negotiating liens to protect the client’s recovery.

Some cases resolve in months; others take years. Timing depends on medical treatment, disputed liability, whether litigation is required, and court schedules. Quick settlements are not always good settlements.

Litigation means a lawsuit has been filed and the case is proceeding through the court system, including discovery, depositions, expert testimony, and possibly trial. Not all Personal Injury Claims require litigation - many can be settled without the need to file a lawsuit.

Most cases do not go to trial, but the ability and willingness to try a case drives value. Insurance companies behave differently when they know a lawyer is prepared to take a case to a jury.

That almost certainly means a lawsuit and litigation. Litigation is the tool that forces insurers to take claims seriously by compelling evidence production, sworn testimony, and accountability.

Most personal injury cases must be filed within three years. Medical negligence claims generally must be filed within two years.

Arkansas recognizes a limited discovery rule that can extend deadlines in certain circumstances. Different rules apply to minors. Missing the deadline can permanently bar a claim.

No. Arkansas does not impose caps on damages such as pain and suffering or loss of life. Juries are allowed to determine damages based on the evidence.

There have been various efforts to cap certain types of damages in Arkansas, but Arkansas courts have repeatedly addressed the constitutionality of those efforts. Damage limitations are a complex and evolving area of Arkansas law.

We currently allow juries to determine these values.

Arkansas wrongful death claims are brought on behalf of statutory beneficiaries, which may include spouses, children, parents, or other qualifying family members. The claim seeks damages for both the estate and surviving family members.

Wrongful death cases often involve unique procedural rules, damage considerations, and distribution issues that differ from standard injury claims.

Yes. Motorcyclists often face unfair assumptions. Strong cases focus on evidence, credibility, and a clear explanation of how the incident occurred. Many motorcycle case require the involvement of Accident Reconstructionist to answer questions regarding the speed and positioning of the various vehicles involved in the crash.

There are also specific Arkansas statutes regarding Motorcycle licensing and operation that can be important.

Trucking cases often involve federal safety regulations, corporate defendants, multiple insurance layers, and extensive documentation. Early investigation matters as does experience with Trucking cases. Cowan Law Firm has successfully handled many serious injury Trucking Cases and Patrick Cowan is a member of the Academy of Truck Accident Attorneys.

Yes — more than most people realize. The client gives the deposition, undergoes treatment, and is evaluated by adjusters, lawyers, and juries. Credibility and follow-through matter. Ultimately, the entire case is about the client. We value our relationships with our clients and strive to work hard for you.