Archive for category: Uncategorized

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Abuse of residents at nursing homes is a heinous act, but unfortunately it does occur. It causes pain, fear and in the worst cases death to some of the most vulnerable people in our community. That’s why it’s extremely important to identify the signs that abuse may be occurring to your loved one as soon as possible.

The signs of nursing home abuse are often difficult to notice because the abused are often too frightened to identify their abuser. In most cases it’s up to those most familiar with the resident, and the resident’s normal behavior, to realize abuse may be occurring.

It’s also important to recognize when abuse takes the form of neglect. For example, if your loved one has several injures from falls, it may indicate he or she has been left unattended for too long without proper care and supervision.

Here are some signs that may be cause for concern:

• Sudden weight loss
• Unexplained injuries
• Changes in mood and personality
• Fear of speaking freely around certain staff members

A nursing home could also be held liable for a resident’s injury or medical condition if it resulted from certain situations or conditions which might include environmental dangers, understaffing, medication errors or inadequate security and training methods.

If you believe a nursing home is providing substandard care or harming your loved one for any reason, it’s time to act. Call Elliott & Smith at 479-JUSTICE (587-8423). We’ll go through your case and all your options.

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Nationwide, people are spending an increasing amount on medical treatment and healthcare. Arkansans have one of the highest ratios of out-of-pocket health costs compared to their income.

While people in our state continue to spend more of their paychecks towards annual premiums and deductibles, a car accident or other personal injury can prove catastrophic for families already struggling with medical costs.

When injuries are caused by negligent actions, the party at fault is responsible for the victim’s accident-related expenses. Of course, these include medical bills and loss wages. But for some, that’s only part of the financial burden brought on by the accident.

In many cases, the at-fault party is also responsible the costs of future treatments, damages to future earning potential, childcare while a victim is in rehab and more. The average person doesn’t have a realistic picture of the price tag associated with a major injury.

When a victim of an accident takes on this financial burden themselves, they often find themselves in medical debt due to unforeseen costs from emergency medical treatment, visits to medical specialists, hospital stays, lab tests, x-rays, CT scans, MRIs and more. These bills add up quickly. Don’t take on this burden alone.

Our experienced team of lawyers has extensive experience in vehicle accidents and personal injury. We’ve seen personally how these costs can devastate a family’s financial future. You shouldn’t be put into more medical debt by the reckless behavior of someone else.

If you or a loved one has been involved in an accident or injured by someone else, call the law offices of Elliott Smith at 479-JUSTICE (587-8423). We’ll go through your case and go over your options, so you don’t risk paying for someone else’s mistake for years to come.

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What happens after a Car Wreck?

First, I would like to point out that, in trying to determine how and when to settle  car wreck case involving personal injuries, the timeline can change depending on the specific facts in each case.

Having said that, the purpose of this article is to attempt to provide a general outline as to what normally happens in most cases.

In a car wreck case as a practical matter there are two different claims.  One claim is for property damage and the other is an injury claim. Typically, the property damage case is settled separately from the personal injury claim.  Generally, the property damage claim is resolved in less than fourteen days after the car wreck if there is no question of fault. The settlement of the property damage normally is not a complicated procedure.  If the car can be repaired, then an estimate from a body shop will provide how much it would cost to repair the vehicle. Also, the at-fault insurance company should pay for a rental car during the time period that the car is being repaired.

On the other hand, if the car is totaled, then the issue is what is the fair market value of the vehicle less salvage value.  Totaled means that it would cost more to repair the vehicle than the value of the vehicle. Most of the time, the at-fault insurance company will buy the salvage and therefore pay the full amount of the value of the vehicle when the car is totaled.

Property damage resolutions should also include payment for things such as a damaged child car seat.  As a general rule, if there is no personal injury and the only damage is to property, a lawyer is not needed in order to resolve the claim.

However, if a person is injured in a car wreck, they should retain an experienced lawyer.  There are several issues in settling a case that require an experienced lawyer. First of all, if a person is injured in a car wreck, the worse thing that person could do is agree to an early settlement amount.  Many times, a person who has no symptoms at the wreck scene will later develop symptoms of an injury. There are several reasons for that, including the adrenaline that is commonplace when someone is in a car wreck.  Further, there is a general idea among most of us, that if we don’t have any broken bones and we’re not bleeding then we must not be injured. However, nothing could be farther from the truth. In many cases, when hit from behind, a person will be thrown backward and then forward resulting in stretched ligaments and torn muscles.  Generally, these types of injuries do not recover within a couple of weeks. Many times, it takes several months in order to recover completely from these injuries.

Normally, younger people do heal in less time than someone in their 50’s and above.  In the event that a person feels pain or discomfort from a car wreck they should immediately seek medical treatment.  The injured party should always follow the doctor’s advice. If the doctor recommends a prescription or physical therapy, then that person should follow the doctor’s advice and follow-up with those types of treatment and medication.  Failure to follow a doctor’s orders could result in not being fully compensated for the injuries. There is a specific jury instruction which holds that if a patient fails to follow a physician’s instructions then the jury should take that into account in determining whether that person is entitled to full compensation.

Once an injured party is either completely well or as well as they are going to get, settlement should be explored.  Before making that demand it is very important that the injured party knows the answers to the following questions:

1. How much has my health insurance company paid?
2. Does my health insurance company expect reimbursement out of my settlement?
3. Has Medicare paid any bills?  (Medicare will expect payment for bills they have paid.)
4. Are there any outstanding medical bills and if so, how much?

In order to determine whether an offer from an insurance company is fair it is very important to know what money is going to have to be paid out of that settlement to satisfy any liens or outstanding medical bills.  As one client once told me many years ago, “I don’t care how much they offered, I want to know how much I get after all the bills and liens are paid”.

Once a settlement figure has been agreed to there is no changing your mind, even if you have not signed a Release.  Oral settlement with the insurance company is binding.

It is not unusual to take six months to a year in order to settle a claim of an injured person caused by the negligence of someone else.

Although this article is an accurate and a fair outline of what to expect in the event you are injured in a car wreck it is not a substitute for hiring a lawyer.  If you are injured in a car wreck and the wreck is caused by the fault of another, you should hire a competent plaintiff lawyer who is experienced in handling victims of a car wreck.

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Auto Accidents Will Happen.

Though they were once only envisioned in the far-off future or science fiction, vehicles with various automated features are now common on roadways in Arkansas and throughout the US. A December 22, 2019 article from Forbes covered the current status in the auto industry and the advanced technologies that new car shoppers may want to look for in 2020, including artificial intelligence (AI). The author also laid out some of the benefits of self-driving cars, such as fewer traffic hassles, easier parking, and reduced instances of road rage.

In addition, the article went into detail on the levels of automation involved with self-driving cars. Starting with Level 0, which is full control by the driver, they progress as follows:

1. Level 1: The lowest end of vehicle automation points to a single system to assist drivers in operating the automobile, such as steering and cruise control.
2. Level 2: Advanced driver assistance systems (ADAS) can control both steering, speed, and acceleration. However, Level 2 vehicles are not truly self-driving because a human is still behind the wheel, ready to take control at any given moment.
3. Level 3: Also known as Conditional Driving Automation, Level 3 is similar to 2 in many ways. The technology has the ability to make and act upon decisions, but interaction with a human is still necessary. A driver must be ready to take control if the AI does not complete the task, such as passing a slower vehicle.
4. Level 4: Vehicles with this level of automation do not require interaction from a human under most circumstances, since the AI can function to avoid a collision or correct a system failure. A driver can manually override at any moment, and the human element is necessary in areas where self-driving vehicles are prohibited.
5. Level 5: Full driving automation does not require a driver’s interaction at all, but these vehicles are not yet available commercially.

One item missing from the list of benefits of automated vehicles is a reduced chance of fatal or injury-causing accidents.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR noted that “Even the highest levels of technology cannot prevent crashes because – while your car may be automated – there are plenty of other vehicles on the road that aren’t. Plus, technology isn’t 100 percent reliable. The same glitches, viruses, and other issues that are frustrating when you’re at your computer can also occur when you’re behind the wheel of the car.”

As such, though AI and related technologies continue to improve toward Level 5, no amount of automation in self-driving cars can eliminate collisions. Fortunately, liability and other legal concepts will still allow injured victims to seek monetary damages for their losses.

Contact Elliott & Smith Law Firm today to discuss your case.

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The National Highway Traffic Safety Administration (NHTSA) reports that in 2018, the most recent year for which statistics are available, 516 people in Arkansas were killed in car accidents. More than half of those accidents occurred in rural areas. In addition to those killed, thousands were injured, many of them were injured so severely their lives will never be the same. If you are seriously injured in a car accident, you need the help of an experienced personal injury lawyer.

Why You Need an Attorney

According to Arkansas law, in order to collect damages, you must prove the accident was the other driver’s fault. In many situations, the insurance company for the other driver will try to prove you were at least partially at fault. If you are found to be 49 percent at fault, you will not be able to collect for your injuries.

An experienced personal injury lawyer like those you will find at Elliott & Smith will know how to thoroughly investigate the case in order to prove fault and defend you against allegations that the accident was your fault.

Most Common Causes of Car Accidents

Almost all car accidents are due to human error. Some of the most common causes are:

Distracted driving. There are many ways drivers become distracted. They text, talk on the phone, have conversations with their passengers, deal with children’s issues, eat, comb their hair, put on make-up, the list could go on and on.

• Alcohol impairment.
• Speeding.
• Bad weather conditions.
• Road in disrepair.
• Swerving to avoid debris in the road.
• Tailgating.
• Tire blowout.

Damages Available to Those Injured in Car Accidents

Collecting “damages” means you are compensated for losses you suffered due to the accident. Some examples of damages available to you include:

1. Medical expenses. This includes current expenses and if you were injured so severely you expect to need medical treatment, you are entitled to be compensated for those future expected costs.
2. Lost wages. What you lost in the aftermath of the accident and what you expect to lose in the future if you are unable to work or must change occupations due to the extent of your injuries.
3. Costs of physical rehabilitation if required.
4. Cost of job retraining if required.
5. Cost of long-term medical or nursing care.
6. Pain and suffering.

There may be other damages depending on the unique circumstances of your case.

If someone you love was killed and you file a wrongful death suit, your Northwest Arkansas accident lawyer will discuss with you the damages available in that situation.

If you were injured in a car accident, or someone you love was killed, contact us at our Elliott & Smith Law Firm for a free consultation. We have more than 100 years of combined experience in helping people collect the damages to which they are legally entitled. We are open during the COVID-19 Pandemic and can arrange for phone consultations.

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