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Personal Injury

CAR WRECKS AND OTHER BODILY INJURY CASES

Insurance companies for negligent or careless drivers will start from day one to get control of your injury case. When it comes to getting the compensation you deserve following any car wreck or tractor-trailer wreck, an injured person needs to KEEP IN MIND THE FOLLOWING “DON'TS":

  • DON’T take advice any from the negligent driver’s insurance company that is trying to avoid paying out on a claim or settle quickly for the lowest possible amount; often before the injured person knows the seriousness and long-term costs of his injuries.
  • DON’T sign any medical authorization presented by the negligent driver’s insurance company. Your previous medical history may be used to try to minimize the severity of your wreck injuries.
  • DON’T agree to be examined by a physician or other medical personnel recommended by the insurance company before talking to a lawyer.
  • DON’T agree to allow the insurance company to take a recorded statement from you without your lawyer present.

Jim is happy to listen and ready to help. More importantly, he’s local; you don’t have to hire an out-of-state attorney you may never see or talk with directly to get the determined, experienced advice and representation you and your case deserve.

As a personal injury attorney for over 40 years, Jim has the courtroom and negotiation experience you want on your side if your injury claim becomes a lawsuit, and  Jim will work with determination to get you the result you deserve.

  • Car wrecks. Car wrecks --- even in city traffic speed --- can result in serious bodily injuries to drivers and passengers, even with advances in seatbelt, airbag, and other safety innovations. In fact, wrecks that don’t appear devastating can be the most difficult to settle or try because insurance companies try to argue that unless the property damage is great the injuries can’t be that serious. Over the years, Jim has confronted this tactic many times, overcoming it by careful medical proof and hard work.
  • Fall injuries. When a property owner fails to maintain a safe environment and customers or patrons are injured in a fall, the store, restaurant, or other business is liable for your damages. These are not easy claims to prove, but Jim has learned through years of experience to establish proof through witness testimony and graphic reconstruction of the dangerous condition causing the client’s injury.
  • Product and dangerous medication liability claim Cases involving injuries caused by defective products such as factory machinery or prescription drugs are complicated and Jim has the experience in locating and consulting experts to overcome the insurance companies’ attempts to avoid responsibility.
  • Riverboat / Barge injuries. These are covered under the Federal Jones Act. Jim is one of a few Arkansas attorneys who has successfully represented an injured employee for surgical injuries suffered on the Mississippi River.

Damages that may be available in your personal injury case include:

Medical treatment

Personal injury damages almost always include an amount to cover the costs of medical care related to the accident;

  • emergency room visits,
  • diagnostic imaging and testing
  • neurology testing
  • neurosurgical and orthopedic surgical treatment
  • prosthetic devices,
  • physical therapy
  • pharmacy / medication costs
  • and the estimated cost of future medical treatment.

Lost income

Injured victims can collect compensation for time spent out of work due to the accident, as well as the loss of future earning capacity caused by a disability.

Property damage

If your vehicle or other personal property was damaged in the accident, the negligent party may be required to pay for repair or replacement.

Pain and suffering

Some injuries can cause ongoing pain, discomfort, inconvenience, or long-lasting effects that make daily life difficult for victims and their family members. A victim may be awarded an amount for general damages if he or she suffered emotional distress, lost enjoyment of life, or loss of consortium with a spouse.

Punitive damages

These damages “punish” the negligent party for his or her poor conduct --- such as driving while intoxicated, driving while texting or talking on a cellphone while driving, and may be available to victims whose injuries occurred due to the extreme carelessness of another party.General damages. Any other damages or loss that you’ve suffered and would not have incurred but for your accident injury.

Worker's Compensation

Workers' Compensation:  On the Job Injuries

In Arkansas, work injuries are governed by the Arkansas Worker’s Compensation Act, a specialized body of law enacted by the Arkansas Legislature. Jim has successfully tried, mediated, and settled hundreds of these cases, helping injured workers and their families all over North and Northeast Arkansas

If you’re hurt while on the job, you should DO THE FOLLOWING RIGHT AWAY:

Report Your Injury

Do this as soon as possible, because having a record from the start is critical. You may or may not have been given an employee handbook or at least been told who to report any injury to ---foreman, leadman, supervisor or human resources manager. The longer you wait to report your injury, the more likely your employer’s insurance carrier will try to argue that you were never hurt there. Tell them what happened to you as specifically as you can so there’s a written record from the start.

Seek Medical Treatment 

Following reporting your injury, demand to be taken to an emergency room or to your physician. Even if your employer refuses to help, get to medical care right away and describe how you were injured and any symptoms you’re suffering. The medical reports, testing and doctor testimony later can help in proving your injury later. Again, you need to do this promptly, since the longer you delay the more likely your employer’s insurance carrier will try to argue that you were never injured at work and that your complaints are from pre-existing injuries or illnesses.

Locate any coworkers who may have witnessed your injury

Witnesses who work on the same production line or in the same department can be very persuasive in proving the circumstances, cause, and nature of your work injury if the case has to be tried.

Contact Burton Law Firm

Experience counts. The Arkansas law governing benefits to injured workers are complicated, and unlike Burton Law Firm, most attorneys do not handle a volume of these cases, if any. We’ll start to work right away to determine the facts which establish your injury claim and fight to protect your and your family’s interests whether in the settlement, mediation, or trial

Social Security Disability

Social Security Disability (SSD)

Over more than 40 years, BURTON LAW FIRM has helped hundreds of deserving Social Security Disability applicants obtain the benefits they’ve paid in over years of work when denied by the Social Security Administration. If you’re at any of these stages in your application for disability:

  • Initial Application
  • Request for Reconsideration, or
  • Request for Hearing

We’re ready to help with your disability case, whether your disabling condition is a physical illness or the result of an injury, or a combination of illnesses and injuries. Mental disorders, including post-traumatic stress (PTSD) and depression, for example, may qualify as disabling conditions.

Supplemental Security Income (SSI)

Even if you have never worked or paid into a Social Security account, whether, by employer withholding or self-employment payments, you may still be eligible to qualify for Supplemental Security Income. This may be a benefit available to persons who, due to defects related to birth or early life illnesses, have never been able to work.

In either case, the BURTON LAW FIRM is experienced in developing the claimant’s medical history and presenting it at the Hearing stage of the Social Security process.

District Court

Early in his career, Jim served as Jonesboro’s City Attorney and City Prosecutor for six years. This gave him extensive experience with city court cases in district court. Jim Burton can offer anyone a personalized experience to meet your needs. The Burton Law Firm will treat you with the respect you deserve. And we promise to provide you with the best possible defense. Jim is ready to discuss representation in district court for DWI and other misdemeanor cases.