Personal Injury Questions Frequently asked of Tylar Tapp
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of facts and circumstances which must be taken into consideration by competent legal counsel. By contacting Tylar Tapp you can receive a personal consultation regarding your specific legal claim.
What is a Personal Injury?
Personal injury is a physical injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
Auto Accidents
Boat Accidents
Tractor/trailer Accidents
Wrongful Death
Dog/Animal Bites
Nursing home abuse and Neglect
Slip and Fall Accidents/Premise Liability
DWI Accidents
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Past Medical bills
Future Medical Bills
Lost income, including overtime wages
Pain & Suffering
Physical Disability
Disfigurement
Property Damage
What is Negligence?
It is the failure to do something that a reasonable person would have done under the same circumstances.
How do I prove negligence?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a preponderance of the evidence or slightly over 50% proof. The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.
What are Negligence Defenses?
In the case of negligence, damages awarded for a negligence claim may be reduced if there existed some type of contributory or comparative negligence. In other words, the defense is that either you or another individual contributed to your injury.
What is premises liability?
Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of Arkansas requires landowners to maintain their property in a manner that does not cause injury to those that visit the property. The requirement for business owners to maintain safe premises is usually higher than residences.
What should I do if I've been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.
What should I do if I've been injured in an automobile accident?
Report the collision to the proper authorities
Get the name, address, and insurance information for the operator of each vehicle
Use a camera if available and photograph both vehicles at the scene if possible
Get the name and badge number of the investigating officer
If you are injured seek immediate medical attention
Contact your insurance company to see if there is insurance available to assist in your medical treatment
Contact Tylar Tapp if you are injured due to someone else’s negligence
What is Liability?
The term liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. The negligent driver, boater, or property owner may be liable to pay for damages, including pain and suffering and financial losses, if they are caused by their carelessness.
What is the Statute of Limitations?
Every state has certain time limits to file suit against someone that injured you called statutes of limitations. In some states, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore. Statute of Limitations are different depending on the state and the cause of the injury. Generally, Arkansas has a three year statute of limitations for motor vehicle accidents. For more information regarding the limitations for your specific case, please contact Tylar Tapp.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case and generally should not settle until you have been returned to normal or at least your new level of normal after the injury.. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 24 months to settle depending on its complexity.
What is Nursing Home Neglect?
The State of Arkansas has special laws enacted for the specific purpose of protecting dependent adults. Disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, including food, water, medicine, grooming, as well as regularly being turned in their beds. However, because nursing homes are typically designed to maximize profit and not for patient care, they are often not sufficiently staffed and the staff there is generally underpaid. Signs of nursing home abuse and neglect include:
Bed sores
Rapid weight loss
Unexplained bruises
Malnutrition or dehydration
Heavy sedation
Inability of caretakers to explain patient’s condition
The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you believe that a loved one is or was a victim of abuse or neglect, it is important to report that abuse or neglect right away. Tylar Tapp has prosecuted cases involving the abuse or neglect of the elderly and dependent and provides free consultation to any individuals who believe that abuse or neglect may have been committed.
What is a tort?
A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories:
intentional torts - i.e. purposefully injuring a person)
negligent torts - i.e. causing an injury by failing to pay attention or by failing to safely operate your vehicle
strict liability torts – i.e. liability for making and selling defective products.
What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent, or wrongful act, neglect, omission, or default of another person.
What is a Contingency Fee?
A contingency fee is an industry standard fee that is applied to personal injury cases and is dependent upon the successful resolution of your case. A contingency fee is a percentage of the monetary recovery obtained by counsel on a client's behalf and is only paid if and when counsel is successful in obtaining monetary recovery, whether through settlement or litigation. The industry-standard contingency fee is about one third of the awarded settlement. A contingency fee is the form of payment earned by a lawyer when he or she states that "there is no fee unless we win your case." Tylar Tapp uses contingency fees for his personal injury cases and will not charge you for services rendered unless you are awarded monetary recovery.
How do I know if I need an attorney?
If you have been seriously injured in Arkansas, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Arkansas laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. Tylar Tapp can advise you on the applicable statute of limitations for your injury case.
Contact Tapp Law Firm, PA. today at 501-623-9800 to schedule your free initial consultation, or browse the website for more information about domestic actions or criminal actions.
