Can I Pursue a Claim If My Lawyer Says I Can’t?

Question from E d couch, Can I Pursue a Claim If My Lawyer Says I Can’t?

Answer from AI:

When you’re involved in an auto accident in Arkansas that wasn’t your fault, and you’ve undergone chiropractic care as a result, it can be disheartening to hear from your lawyer that you have no claim. Understanding why this might be the case and exploring your options is crucial. It’s important to remember that while this information aims to guide you, consulting with a legal professional for personalized advice is always recommended.

Understanding the Basis of Your Lawyer’s Opinion

First, it’s essential to understand why your lawyer might believe you have no claim. Several factors could influence this opinion:

• Statute of Limitations: In Arkansas, the statute of limitations for personal injury claims is generally three years from the date of the accident. If you’ve exceeded this timeframe, it might be too late to file a claim.
• Liability Issues: Arkansas follows a “modified comparative fault” rule. If you are found to be 50% or more at fault for the accident, you cannot recover damages. Your lawyer might believe that proving the other party’s fault is challenging.
• Insurance Coverage: The specifics of the involved insurance policies might limit your ability to claim certain damages or might be insufficient to cover your chiropractic care.
• Medical Documentation: Insufficient documentation of your injuries or their direct link to the accident might make it difficult to establish a claim.

Steps You Can Take

If your lawyer advises that you have no claim, but you believe otherwise, consider the following steps:

1. Seek a Second Opinion: Consulting with another personal injury lawyer can provide a fresh perspective on your case. Different lawyers might have different strategies or interpretations of the law.
2. Review Your Medical Records: Ensure all your chiropractic visits and treatments are well-documented and clearly linked to the injuries sustained in the accident.
3. Collect Evidence: Gather any additional evidence that might support your claim, such as witness statements, photos from the accident scene, or a more detailed police report.
4. Consider Small Claims Court: If your damages are relatively minor, and you wish to pursue the matter without a lawyer, small claims court might be an option. The limit for small claims in Arkansas is $5,000.
5. Explore Alternative Dispute Resolution: Mediation or arbitration might be viable options to settle your claim outside of court, potentially leading to a faster and less expensive resolution.

Legal Resources and Assistance

For further guidance, consider the following resources:

• The Arkansas Bar Association offers resources for finding legal assistance and understanding your rights.
• Legal aid organizations in Arkansas can provide free or low-cost legal advice to those who qualify.

Remember: The outcome of legal matters can depend on many factors, including details specific to your case. While this information aims to provide a general understanding, consulting with a legal professional is crucial for advice tailored to your situation.