How to Make a Drunk Driving Liability Claim in Arkansas
You can make a drunk driving liability claim in Arkansas to pay for the losses associated with your injuries. The process typically involves filing a claim, protecting your case, and working with an accident injury lawyer. If you do not receive an adequate and fair settlement, you may opt to take your case to a civil trial.
In this post, we’ll discuss what you should know about Arkansas drunk driving liability claims, how to file one, and vital tips for dealing with the insurance company.
What to Know About Making a Drunk Driving Liability Claim
You have the legal right to file a personal injury claim against the at-fault drink driver and liable third parties in Arkansas. The personal injury claims process involves filing a claim against the at-fault driver’s insurance company, proving negligence, and receiving a fair settlement.
If the insurer refuses to pay what your case is worth, your drunk driving accident injury attorney may recommend filing a complaint against them in civil court. However, more than 95% of personal injury cases settle before going to a judge or jury trial.
Potential Settlements or Civil Awards
Injury cases are expensive for insurance companies to settle. Many situations may require them to pay for your:
- Current and future medical costs
- Lost enjoyment of life
- Pain and suffering damages
- Current and future lost wages
- Other losses as discoverable
The monetary value of your Arkansas personal injury case depends upon the severity of your injuries, out-of-pocket costs, and available evidence.
Drunk Driving Liability Evidence
Evidence is a cornerstone of a personal injury claim, and insurance companies are not legally bound to pay benefits without evidence. It’s possible that an insurance adjuster may make an initial determination even when they don’t fully understand all the facts and circumstances of your case.
Examples of evidence that insurance companies may need to pay a fair settlement include:
- Expert testimony
- Eyewitness testimony
- Police reports
- Security camera footage
- Accident reconstructionist’s opinion
- Economist’s opinion
- Pain and mental health journals
- Doctors’ notes and prognoses
- Other types of evidence
These items can irrefutably prove your case and help you obtain a better settlement. If you hire a drunk driving accident lawyer in Arkansas, we can help you make decisions regarding investigatory resources and potential outcomes.
3 Steps for Filing an Arkansas Drunk Driving Liability Claim
In general, injury claimants are only asking for insurance companies to play fair. You need money to pay for injuries, lost wages, and more, and you need the best possible chance at a physical recovery. If those are your main objectives, here are three critical steps to take when making a drunk driving liability claim in Arkansas:
Step 1: Run Your Case By a Car Accident Injury Lawyer During a Free Consultation
Injury cases are always expensive for insurance companies to settle. As such, you should contact a car accident injury lawyer as soon as you can after the accident. This step helps you protect your drunk driving liability claim from the outset.
Our legal team can, at a minimum, hear about the accident details, injuries inflicted, and more. We can also provide guidance when filing your injury claim, even if you decide not to hire legal representation. We will only recommend our services if we believe we can add value to your case. Otherwise, we might suggest that you file your claim and let us know when you get the initial settlement offer (see Step 3).
Step 2: File Your Drunk Driving Liability Claim (with Caution)
The next step is to call the insurance company and file your claim. They will ask you about the accident’s details during this call. The information you provide is evidence and may be used against you later to deny or reduce your claim, which is why we recommend you proceed with caution.
Here are our top 3 tips to keep in mind when filing your claim:
- Don’t fall prey to a sympathetic tone. This trick is commonly used by insurance companies to make you feel more comfortable and offer up more information than necessary.
- Stick to the facts of the case. Avoid making guesses and only answer questions that you know for sure. Remember, your financial and physical future is on the line, so don’t be afraid to stay matter-of-fact.
- You don’t have to take the first settlement offer. The insurer may pressure you into accepting a lesser settlement since your position is vulnerable. Even for a seemingly sizable payment, it’s safer to get a professional opinion before signing on the dotted line.
Direct and indirect drunk driving accident injuries can take time to develop. If you accept a settlement and discover that your injuries are much worse than previously thought, you no longer possess the legal right to demand additional settlement money from the insurance company.
Step 3: Follow Up with Your Lawyer About Your Initial Settlement
You should run your initial settlement offer by the injury lawyer you spoke with in Step 1. At Beacon Legal Group, we will let you know if we think you received a fair offer based on the facts. If not, we will recommend our services (if we did not do so in Step 1).
From there, we will issue a letter of representation and demand to the insurance company and initiate negotiations. During this stage of back-and-forth with the assigned adjuster, we will work with you and your physicians to ensure that you receive the best possible care and that your injuries are well-documented.
The insurance company must pay you what your case is worth. If they refuse to do so, they may have a bad faith and unfair dealing lawsuit on their hands on top of your injury claim. Beacon Legal Group is not shy about taking insurers to court when it makes sense to do so.
Get Legal Help from an Arkansas Drunk Driving Injury Lawyer Now
You should not have to pay for the losses that a reckless drunk driver or third party caused you. The legal team at Beacon Legal Group will take the time to learn more about your matter and prepare as if we are going to trial from day one. This strategy sends a message to insurance companies that we are serious about your case.
Schedule an Initial Consultation with Beacon Legal Group
Did a drunk driver severely injure you? Beacon Legal Group is ready to help. Call our Little Rock office for an initial consultation at (501) 907-9539 or message us here. We do not charge advance attorneys’ fees and only get paid when you win your case.