Traumatic Brain Injuries

6 Things You Should Know About Traumatic Brain Injuries (TBI) in Arkansas

A traumatic brain injury (TBI) is a severe head injury caused by a direct blow or jolt to the head. The most common cause of traumatic brain injury are falls, motor vehicle accidents, acts of violence, and sports-related injuries. The cases can be complex and lengthy. Plus, Arkansas law is different than in many other states.


Here are 6 things you need to know:


1. You have a time limit.

Arkansas only allows 3 years for you to file a lawsuit. If you wait past that time, you could lose any chance of collecting. Filing a lawsuit does, however, stop the clock and lets you work on gathering evidence you may need. Filing a lawsuit does not mean you will go to court. Most cases are resolved before anyone hits the courthouse steps.


2. You can sue for economic damages.

In brief, you can receive the money you spent on getting better or the money you lost because of the accident. Examples are medical costs, physical therapy, occupational therapy, future medical costs, and the like. It can also cover your lost wages. Generally, you prove this by showing receipts. If you have family members or friends doing things for you that you can no longer do, I suggest you pay them or keep a record of what you should pay them and for what. Remembering what a person did weeks or months later can be challenging.


3 You can sue for non-economic damages.

These are the damages you cannot show with receipts. They include pain and suffering. It is tough to place a value on your pain, but there are established formulas that can help. Included in non-economic damages is also loss of consortium and emotional distress. Sometimes, you can also collect for the impact on family members.


4. You can sue for punitive damages.

Punitive damages are rare but can be substantial. They are meant to punish the person or company that hurt you so that they do not do similar things in the future. These are almost always awarded after a trial takes place.


5. You need to have evidence.

There are two things I must prove to get you the money you need. First, that you were injured, and second, the person we say did it, well, did it. I will get the accident proof – for example, videotapes, police reports, witness statements, and expert evaluations. Your primary responsibility is to get medical care and do what the medical professionals suggest. If you do not go to your medical appointments, it looks like you are not that seriously hurt.


6. Your lawyer fronts expenses, and they can be substantial.

Upfront, we pay all the expenses to prepare your case and expect to be paid back when we win. If, for some reason, there is no settlement, we eat those expenses. There is never any money out of your pocket. It is not surprising to advance hundreds of thousands of dollars in traumatic brain injury cases, including deposition transcripts, expert witnesses, accident reconstructions, and investigator reports. You do not pay anything for your attorney’s time. To cover that, we will take a percentage of what we collect.



At Horton Law, we understand the complex process of dealing with a traumatic brain injury. We have years of experience and know your legal options. We have collected MILLIONS of DOLLARS for clients with brain injuries.


For a free consultation and to learn more about how we can help you, contact us today. There is no advantage in waiting.


If you have any questions, we’ll help you find answers. Let our experience protect your rights to the full and fair compensation you deserve. Call Horton Law for a Free Legal Consultation at 888-541-4951 or fill out a Free Consultation Form.