Auto Accident

Don’t Pay For Something You Didn’t Order

by Cary Graham | February 8th, 2016

You’ve been in a serious accident and are getting the run-around from the insurance company. You’re considering calling a lawyer, but aren’t sure if you want to bring a lawsuit against the other driver. That’s completely understandable. The fact is, a lot of people are hesitant about suing another person. It seems confrontational, as if you’re somehow declaring war on that person and their family. In actuality, it’s a lot less dramatic than that.

Think of it this way. You go out to your favorite restaurant and order a meal. The waiter smiles, jots down your order, and walks away. Once you’ve eaten, he returns with the check for your meal and the steak dinner the person sitting behind you ordered. What would you do in that situation? Pay for someone else’s expensive meal or push back? If you’ve been injured in a car accident, the insurance company isn’t playing fair, and you don’t bring a lawsuit to get the compensation you’re entitled to, you’re essentially paying for a steak dinner you didn’t order.

Our justice system exists to protect individuals just like you who deserve fair compensation for their injuries. Our job as your lawyer is to help you navigate the legal system, protecting your rights along the way. And we’re never satisfied until we know you’ve gotten the maximum compensation you are entitled to.

If you’ve been injured, give our Arkansas car accident lawyers a call today for a free consultation. We’ll fight to make the insurance company do the right thing.

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How do I handle a Hit and Run?

by Matt Hutsell | January 19th, 2016

 

Sometimes a person who causes an accident doesn’t play by the rules. So what do you do as the victim of a hit and run? It’s an unfortunate event that happens every day. Luckily, there are ways you can recover money to help cover you’re injuries.  At Rainwater, Holt & Sexton, our attorneys will guide you through the process.

Hit and run accidents are why Uninsured Motorist Coverage exist on an auto policy.  If you carry this coverage, which is a good idea for everyone, it will step into the shoes of the wrongdoer and cover your injuries up to the policy limit.  Uninsured Motorist Coverage is in addition to your PIP coverage’s, such as medpay.

What if you don’t carry Uninsured Motorist Coverage?  All hope is not lost.  Get the police report.  A hit and run is a crime and the police may obtain evidence that helps you identify the wrongdoer.  Once you do, you can sue the wrongdoer personally and/or pursue a claim with their insurance, if he/she has any.

In either event, make sure to give Rainwater, Holt and Sexton a call. We have experienced attorneys ready to work hard on your case.

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Legal Help Is Closer Than You Think

by Cary Graham | January 11th, 2016

On of the most important decisions you’ll make after an accident is whether or not to call a lawyer. However, with all the other things you have to worry about, seeking legal help may not be a top priority for you.

Well, it should be.

Dealing with the insurance company alone is frustrating, and it can be costly. Not only will an attorney stand between you and the insurance company, but on average, accident victims with an attorney get more money. The bottom line is the sooner you call an attorney, the better.

With that said, we understand you may not be physically able to visit our law firm immediately following your accident due to your injuries. At Rainwater, Holt & Sexton, we believe everyone should have access to the legal help they need, which is why if you can’t come to us, we’ll come to you.

No matter where you live in the Little Rock, Fayetteville, Conway, or Hot Springs areas, one of our attorneys will be happy to come out to your home or office to speak with you about your case. If you decide you’d like us to represent you, we’ll make arrangements for future correspondence as well. In fact, as most of the paperwork and other business concerning your case can be done remotely, there are very few times you’ll ever need to leave your home. When you do need to be present at our office or in court, we can make arrangements on your behalf to get you there.

Our goal is to eliminate any obstacle standing between you and the help you need. Give us a call for a free consultation and let us start working on your behalf today.

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Do You Have a Case?

by Cary Graham | January 4th, 2016

One of the questions we get asked most often is “How do I know if I have a case?” That’s a complicated question that depends on a number of factors. Unfortunately, there’s no magic formula for determining whether or not you have a case. Only an experienced attorney can make that determination after reviewing the circumstances of your accident.

Perhaps a better question to ask yourself is “Should I call a lawyer?” And you can answer that question right now by considering these three criteria:

  1. Were you injured in the auto accident? An Arkansas personal injury attorney can only help you if you suffered injuries as a result of your accident.
  2. Was the accident your fault? If the accident wasn’t your fault, you might have a personal injury claim. If you don’t know whether or not you were at fault, review the accident report or contact the reporting officer. An attorney can also help you determine fault with a copy of the accident report.
  3. Have you signed anything from the insurance company? Most of the time, if you’ve already accepted a settlement offer from the insurance company, an attorney can’t help you.

If you meet the above criteria, you should call an experienced law firm immediately. Although it doesn’t necessarily mean you have a case, it does qualify you for a free consultation. Most attorneys can determine whether or not you have a case with a short conversation. Contact us anytime. We’d be happy to speak with you.

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Preventing Arkansas Drunk Driving Accidents This Holiday Season

by Keith Adkins | December 21st, 2015

Getting in the Spirit… or Spirits… This Holiday Season

The holidays are right around the corner and many of us are planning to celebrate with friends and family during the coming days. Alcohol may be present at many of these gatherings, which is why the Little Rock auto accident attorneys at Rainwater, Holt & Sexton would like to offer some information about the dangers of drunk driving, what’s being done this year to keep intoxicated motorists off the road, and what you can do to join the fight against driving under the influence.

Drunk Driving by the Numbers

The Arkansas State Police report there were 58,449 motor vehicle collisions in Arkansas during 2013. Of those crashes, 461 were fatal and almost half of those accidents were linked to driving under the influence of drugs or alcohol. That’s why law enforcement across the state is stepping up their efforts to take intoxicated motorists off of the roads in the coming weeks.

Sobriety Checkpoints and Saturation Patrols

An article from TXK Today says Arkansas law enforcement agencies have partnered with local departments to conduct the “Drive Sober or Get Pulled Over” campaign from December 18 through January 3. During the time, officers and troopers will conduct operations aimed at catching intoxicated motorists in the act.

Preventing Drunk Driving

While the authorities will be doing their part in the battle against drunk driving, there are several steps you can take to help in the cause. The Little Rock personal injury lawyers at Rainwater, Holt & Sexton point out these include:

  • Not getting behind the wheel if you’ve consumed alcohol
  • Utilizing a designated driver to get home safely
  • Reporting any suspected drunk drivers to police
  • Always wear a seatbelt

We hope these tips help you to have safe travels throughout the holiday season!

 

 

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Punitive Damages Can Be Sought in GM Ignition Recall Lawsuits

by Keith Adkins | December 7th, 2015

General Motors Co. (GM) is facing a large number of lawsuits in connection to millions of vehicles the company recalled after a problem with the ignition switch was discovered. Records show the switch can turn to the “off” position while the vehicle is in motion, causing the driver to lose control and crash.

A majority of these GM ignition recall lawsuits have been filed seeking compensatory damages to cover the expenses a victim incurred as a result of their accident, such as medical bills, property damage, or lost wages. However, these aren’t the only damages the victims may be able to go after.

According to an article from Business Insurance, U.S. Bankruptcy Judge Robert Gerber ruled in November that GM might be held liable for punitive damages as well. This is compensation that is offered to the victims as a means to not only punish a responsible party for their negligent actions, but to also deter from the action occurring again.

There is an exception to the ruling. Gerber stated punitive damages can only be sought against GM if the claims are based on “knowledge or conduct” the current GM team had or engaged in regarding the ignition switch problem.

Holding businesses accountable for the proper functioning of products they release is important to each member of the legal team at Rainwater, Holt & Sexton. That’s why our Arkansas defective product lawyers applaud the latest ruling regarding the GM ignition recall lawsuits and hope a decision in the cases the ruling affects will bring peace and closure to each of the victims.

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The Lawyer’s Role in Recognizing Brain Injury

by Mike Rainwater | November 25th, 2015

 

Closed head injury (internal brain injury without any visible injury to the head) followed by post-concussion syndrome is the most common serious neurological disorder in the United States today.

The Important Vantage of the Personal Injury Lawyer:   Without timely recognition, brain injury victims may never receive proper treatment/rehabilitation for the physical, cognitive and psycho-social impairment which follows a brain injury.  A personal injury claim that is quickly settled may overlook brain injury and related damages. The personal injury lawyer is, more often than not, the first/only professional to be in a position to view all facts and symptoms circumspectly. The personal injury lawyer should, therefore, educate himself or herself in the complicated and sophisticated area of head trauma and disorders associated with brain injury.

The Silent Epidemic:  Victims of head injury can suffer brain damage without having sustained skull fractures, coma, or loss of consciousness.  Many head-injury victims are treated only at the emergency room, a time before the victim manifests obvious signs of post-concussive syndrome.  There are usually no medical pictures of the brain injury.  Victims generally have trouble remembering the accident, and may be unaware of the effects of the brain injury.  Disturbing short-term and potentially long-term problems caused by closed head injuries are often not recognized by the medical care providers, since they are treating the obvious physical injuries caused by the trauma.  Subtle symptoms later voiced by a victim may be dismissed as a degree of hypochondria.

These are reasons why TBI is call the “the silent epidemic.”

Post-Concussion Syndrome:  Persons suffering so-called “mild” brain injuries can enjoy complete recovery from the physical symptoms associated with their injury, but still suffer serious cognitive and psycho-social consequences.  Post-concussion syndrome usually follows mild to moderate head injury and usually involves some of the following symptoms: headaches; lack of coordination; muscle spasticity; paralysis; dizziness; tinnitus; seizures; speech, hearing, vision, tactile and olfactory dysfunction; memory deficits; concentration problems; slowed thinking and problems with perception, sequencing, judgment and communication, including impaired reading and writing skills; emotional and behavioral dysfunction; fatigue; loss of empathy; depression; anxiety; sexual dysfunction; lack of motivation and emotional volatility, including excessive laughing or a general difficulty in relating to others.  Common complaints include problems with organizing thoughts, keeping track of things, selecting the right word in speaking, functioning in a job as well as before, difficulties in getting along with family and friends, learning and retaining new information, and difficulty in finding the way from place to place.  Other symptoms include double vision, hypersensitivity to light and sound, confusion and fear in crowded places, and an overall feeling of confusion and agitation.

The Important Role of Informants:   Informants are lay witnesses who know the victim and are in a position to complete the personal injury lawyer’s “Summary of Symptoms”

Brain Injury Fact Sheet, which is a “before and after” snapshot of the victim as a person.  This information provides the personal injury lawyer information needed to begin the process of determining if the client received a brain injury and has continuing cognitive damage.  It also provides the factual basis for beginning the process of obtaining treatment/rehabilitation for the post-concussion disorders.  The personal injury lawyer must be prepared to quickly help his or her client obtain the needed testing, treatment, and rehabilitation.  Brain rehabilitation treatment is available but only during a short window of time.  The process of helping brain injury victims takes time, money, and know-how.  Brain injury claims are very difficult, but rewarding when needed help is provided.

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Attorneys Encourage Motorists to Buckle Up This Thanksgiving

by Keith Adkins | November 23rd, 2015

The Thanksgiving holiday is a time when an estimated 46.9 million motorists are expected to be traveling. Unfortunately, it’s also a time when many drivers forget to heed even the simplest of safety precautions, such as wearing a seat belt.

The Little Rock auto accident attorneys at Rainwater, Holt & Sexton explain estimates how around 13 percent of drivers and passengers fail to buckle up. These individuals also account for a little less than half of all traffic fatalities.

Experts say that as many as 164 lives could be saved by seat belts this Thanksgiving, which is why law enforcement agencies across the state of Arkansas will be participating in the “Click It or Ticket” campaign over the next several days.

The Arkansas Highway Safety Office says the initiative began November 19 and will continue until the day before Thanksgiving. During that time, law enforcement officials will be focusing their efforts on educating drivers about the importance of buckling up.

Those who are caught without their seat belt on could face stiff penalties as well. An infraction of the law could cost you $25 in fines and the expenses related to court costs.

If you plan to travel in the days surrounding Thanksgiving, the Arkansas personal injury lawyers at Rainwater, Holt & Sexton would encourage you to buckle up each time you get in a car, truck, or SUV. Doing so could not only save you time and money, but it could save your life as well.

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Do I have to go to court to settle my personal injury claim?

by Thom Diaz | November 11th, 2015

 

No.  Most of the time, a personal injury claim is resolved without ever having to go to trial.  However, if the insurance company denies your claim, or refuses to offer you a fair settlement, you may have to file suit and go to court.

A Rainwater, Holt & Sexton personal injury attorney is able to file a personal injury lawsuit and see you through the discovery stage of your case all the way to trial.  Likewise, a personal injury attorney is able to help you present your claim to the insurance company, before filing suit, in a manner that will maximize your recovery.  The more familiar your attorney is with your case from the start, the better they can help prepare your case for a personal injury lawsuit if that becomes necessary.  Even if you have to file a lawsuit because your claim has been denied or because you are not offered a fair settlement, most cases still settle after filing suit, without ever having to go to court.

When choosing a personal injury attorney, consider their trial experience. You want to be prepared if your case goes to trial and know you are in good hands. At Rainwater, Holt & Sexton we have the experience, and are ready to be your lawyer.

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Little Rock Auto Accident Attorneys Discuss Dangerous Arkansas Road Conditions

by Keith Adkins | November 2nd, 2015

Poorly maintained roadways and inclement weather can both play a role in causing a car accident. Our Little Rock auto accident attorneys at Rainwater, Holt & Sexton know firsthand that when the two risk factors combine, the results can be devastating. These results have been most evident across Arkansas during the past several days.

Faded striping and a lack of reflectors are problems that plague many highways and roads in Arkansas. When heavy fog rolls in or rain falls, the lack of roadway maintenance can make it difficult for drivers to see the lanes of the road.

It’s an issue that crews with the Arkansas Highway and Transportation Department are working to resolve. Unfortunately, Danny Straessle, a spokesman for the department, tells Arkansas Matters  that it could be some time before many roadways are repaired.

This leaves many residents wondering what they should do to stay safe on the road. Experts suggest drivers slow down when weather and visibility are poor. Motorists are also being encouraged to report any roads or highways that are in need of repair.

Even when precautions are taken, it’s important to keep in mind that not all accidents can be prevented, and how you handle the aftermath of the crash can be crucial to your recovery. Speaking with an attorney after a crash can help answer any questions you may have about your legal rights and can also provide insight into situations like  taking on the insurance company. Learn more about how an attorney can help you by visiting our website.

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