Can You Claim Compensation for a Loved One’s Injuries After an Accident?

When someone you love is seriously injured in a car, truck, or motorcycle accident, the effects extend far beyond the person who was physically hurt. Families in Fort Smith often face enormous emotional, financial, and practical challenges after an accident. Medical bills pile up, time away from work adds stress, and the uncertainty of recovery can take a toll on everyone involved. At Walker Law Group, we help families understand their rights and determine whether they can pursue compensation on behalf of an injured loved one.

When Can You File a Claim on Behalf of Someone Else?

In Arkansas, an injured person typically files their own personal injury claim. However, there are important exceptions that allow family members to take legal action when the injured person cannot do so themselves. These situations often arise when a victim is severely injured, incapacitated, or unable to make legal decisions due to the extent of their injuries.

You may be able to file a claim for a loved one if:

In these cases, the person who files the claim acts as the legal representative for the injured party. Any compensation recovered goes toward covering the victim’s medical expenses, lost income, pain and suffering, and other damages. If the injuries result in long-term disabilities or death, additional compensation may also be available for the family.

Compensation You May Be Entitled to Recover

Auto accidents in Fort Smith, whether they involve cars, trucks, or motorcycles, can cause devastating physical and emotional harm. Arkansas law allows injury victims and their families to seek compensation for the full range of losses caused by another person’s negligence. If your loved one was hurt by a reckless driver, defective vehicle, or negligent trucking company, you may be entitled to compensation for:

If your loved one tragically passes away due to their injuries, you may also have the right to file a wrongful death claim. These claims can help families recover damages for funeral expenses, loss of financial support, and the emotional suffering caused by a preventable death.

How an Attorney Can Help Your Family

After a serious accident, insurance companies often move quickly to protect their own interests, not yours. They may offer a low settlement that doesn’t come close to covering the full cost of your loved one’s injuries. Having an experienced Fort Smith personal injury attorney on your side ensures that your family’s rights are protected and that you understand the true value of your case.

The attorneys at Walker Law Group can help by:

Our team has extensive experience handling complex cases involving car accidents, truck accidents, and motorcycle accidents throughout Fort Smith and Northwest Arkansas. We understand how to hold negligent drivers, trucking companies, and insurers accountable for the harm they cause.

Why Acting Quickly Matters

Under Arkansas law, most personal injury and wrongful death claims must be filed within three years of the accident. However, waiting too long can make your case harder to prove. Evidence like skid marks, surveillance footage, and witness testimony can disappear over time. Speaking with a personal injury attorney as soon as possible gives your family the best chance at a strong and successful claim.

If your loved one is still recovering, an attorney can also help you handle paperwork, medical records, and communication with insurance adjusters so that you can focus on supporting their recovery. Our goal is to shoulder the legal burden so your family can focus on healing.

Get Help from Walker Law Group in Fort Smith

When someone else’s negligence causes harm to your loved one, you shouldn’t have to face the aftermath alone. At Walker Law Group, we fight for families across Fort Smith who are struggling to recover physically, emotionally, and financially after serious accidents. Whether your loved one was injured in a car crash, truck accident, or motorcycle collision, we’re here to help you pursue justice and the compensation your family deserves.

Our compassionate and experienced legal team will review your case, explain your options, and handle every detail from start to finish. To speak with a personal injury attorney about your family’s rights, contact us today to schedule a confidential consultation. Let us help you find the support and financial recovery your family needs to move forward.

How Long Do You Have to File a Car Accident Lawsuit in Arkansas?

If you’ve been involved in a car accident in Arkansas, understanding the legal deadlines for filing a lawsuit is just as important as seeking medical care or exchanging insurance information. In legal terms, this deadline is called the "statute of limitations." Missing it could mean losing your chance to secure compensation for injuries, vehicle damage, lost income, and other losses, even if you have a strong case.

Arkansas law gives injured individuals three years from the date of the accident to file a lawsuit against the at-fault party. This applies to both bodily injury and property damage and is governed by Arkansas Code § 16-56-105. After this window closes, the court will almost certainly refuse to hear your case, no matter how clear the fault or how severe your injuries.

Acting early isn’t just about satisfying the legal clock; it gives your legal team the best possible chance to build a strong case. It also prevents the erosion of critical evidence and increases the likelihood of full compensation.

The Advantages of Filing Early

Time can work against you in more ways than one. The longer you wait, the more difficult it becomes to collect the proof you’ll need to establish who was at fault and how badly you were harmed. Filing sooner helps you take advantage of several key benefits:

Even if you’re still recovering or facing uncertainties about your condition, it’s wise to speak with a legal professional early. Taking timely action helps prevent costly mistakes and positions your case for success. Our Fort Smith car accident attorneys are available to review your situation and begin the legal process as soon as you’re ready.

Are There Any Exceptions to the Three-Year Rule?

While three years is the general rule, Arkansas law allows for some exceptions that could pause — or “toll” — the statute of limitations in limited situations. Here are a few scenarios where extra time might be granted:

While these exceptions exist, they are rare and often require careful legal interpretation. Relying on an exception without professional guidance could jeopardize your right to file. For that reason, we encourage you to proceed as if the standard three-year deadline applies unless an attorney advises otherwise.

What If You Miss the Filing Deadline?

Failing to file your lawsuit within the statute of limitations almost always means your case will be dismissed. The court won’t hear your argument, and the insurance company has no reason to offer a settlement. This can be devastating, especially if your injuries have resulted in high medical bills, ongoing treatment needs, or lost earning potential.

Without a valid lawsuit, you may be left paying out-of-pocket for expenses that should rightfully be the responsibility of the person who caused the crash. That includes:

The legal system exists to provide justice for those harmed by negligence, but it also demands timeliness. Once the filing window closes, your ability to recover these losses through the court system vanishes.

Call Walker Law Group After an Arkansas Car Accident

After a serious car accident, time can slip by quickly, especially when you're juggling doctor visits, vehicle repairs, and time away from work. It’s easy to delay legal action while you try to manage everything else. But waiting too long could cost you your right to pursue justice.

At Walker Law Group, we help injury victims throughout Fort Smith and Northwest Arkansas prepare strong, timely claims. From collecting records and reviewing insurance policies to identifying potential obstacles, our team works proactively to ensure every deadline is met. If third parties are involved, such as in multi-car pileups or accidents caused by commercial drivers, we will evaluate all avenues for compensation.

The clock starts ticking the moment your accident occurs. Don’t let it run out. If you were injured in a crash and have questions about your rights, contact us today. We’ll make sure you understand your options and help you file your case well within the legal time limits.

What Are Your Options if Hit by an Uninsured Driver in Arkansas?

Being involved in a car accident is always a distressing experience, but it becomes particularly complicated when the at-fault driver is uninsured. In Arkansas, where such situations are not uncommon, it's crucial to understand the legal options available to you. As experts in car accident law, Walker Law Group is well-equipped to guide clients through these complex scenarios.

Understanding the legal framework of Arkansas' insurance requirements is essential. While state laws mandate all drivers to have liability insurance, there are cases where drivers do not comply. This can leave victims in difficult positions, both legally and financially.

Utilizing Your Own Insurance

Your first step may involve looking into your own insurance policy. Arkansas drivers are advised to carry Uninsured Motorist (UM) coverage. This provision is designed to protect you in instances where the at-fault driver lacks insurance. UM coverage can assist in covering medical bills, lost wages, and other damages resulting from the accident.

However, dealing with insurance companies can be a complex and often frustrating process. Our car accident attorneys are experienced in handling such cases and can help you navigate the intricacies of your insurance policy to ensure you receive the coverage you're entitled to.

Considering a Civil Lawsuit

If the uninsured driver is at fault, you have the legal right to file a civil lawsuit against them. This can lead to compensation for your damages, including medical expenses, property damage, and pain and suffering. However, the financial status of the uninsured driver is a crucial consideration, as it impacts their ability to pay any awarded damages.

At Walker Law Group, we perform thorough investigations into the accident and the at-fault party's financial situation to assess the feasibility of this option. We provide realistic advice and strong legal representation should you choose to pursue this route.

Collision Coverage

If your auto insurance policy includes collision coverage, it can be used to cover the costs of repairing or replacing your vehicle. This coverage is separate from liability insurance and can be vital in cases where the at-fault driver is uninsured. It's important to understand the specifics of your policy, including any deductibles and coverage limits.

Our legal team can assist in clarifying your policy's details and work with your insurance provider to ensure you receive the maximum benefits under your collision coverage.

Legal Action and Comparative Negligence

When considering legal action, it's important to be aware of the statute of limitations in Arkansas. For car accidents, you generally have three years from the date of the accident to file a lawsuit. Prompt action is crucial to ensure you don't lose your right to seek compensation.

Furthermore, Arkansas follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation could be proportionally reduced. Understanding these nuances is essential, and our team can help clarify how these laws apply to your specific case.

Additional Considerations

There are other factors to consider when dealing with an accident involving an uninsured driver. For instance, if you have health insurance, it may cover some of your medical expenses. However, you may still be responsible for deductibles and co-pays. Additionally, if you have disability insurance or are eligible for other types of benefits, such as workers' compensation, these can also provide financial support during your recovery.

Understanding all your potential sources of support and compensation is crucial. Our attorneys can provide comprehensive guidance on leveraging all available resources to your advantage.

Expert Legal Support

Dealing with the aftermath of an accident with an uninsured driver can be overwhelming. At Walker Law Group, we specialize in Arkansas' auto accident and insurance laws. Our experienced team is dedicated to advocating for your rights and ensuring you receive the compensation you rightfully deserve.

If you're facing such a situation, don't hesitate to contact us for a consultation. We're here to support you through every step of this challenging process, ensuring your legal rights are protected and your peace of mind is restored.