If your child has been in a personal injury accident and is due to receive compensation either by settlement or trial award, than Arkansas law dictates what must be done with the child’s portion of the settlement or award after all of the fees, costs, and subrogation has been accounted for.

If the net portion going to the child is less than $1,000.00, then that money is usually distributed directly to the parents or guardian.

If the net portion going to the child is greater than $1,000.00, but less than $5,000.00, then that money must be court-approved and placed into some form of interest bearing account or structured settlement and only the court can authorize the release of the money until the child reaches eighteen or some other age that is approved by the court.

Finally, if the net portion going to the child is $5,000.00 or above, a separate guardianship must be created and a legal guardian (usually a parent) must be appointed to oversee the funds either in the form of an interest bearing account or structured settlement.  Again, only the court can authorize the release of any or all of the money.

If you have questions about this, or any other legal matter, call us!

There are those you should talk to about your case and those you shouldn’t.  Those in the former category are the police investigating the accident, the healthcare providers treating you for your injuries received in the accident, and your attorney.  Those in the latter category include the at-fault driver’s insurance company.

The sole purpose of the “other” insurance company in taking your recorded statement is to collect information from you that they or their team of adjusters and attorneys can use against you to reduce the value of your claim or outright deny it. If able, you should give a statement to the police officer at the scene regarding how the accident happened.  You should then explain to the appropriate medical personnel (EMS, Emergency Room, or family doctor) the location and extent of your injury and pain.  If able, call your family or those close to you and let them know what has happened. 

Finally, contact us so that we may immediately begin to collect the evidence necessary to pursue your claim.  Above all, DO NOT speak with the other driver’s insurance company.  You do so at your own risk!

Matt Ketcham
Nolan, Caddell & Reynolds
122 No. 11th St.
Fort Smith, Arkansas 72902
1-800-709-5297 Toll Free
479-782-5297

Subrogation is a term of art in the personal injury field that refers to benefits that have been paid on your behalf during the pendency of your injury matter.  These benefits have generally been paid by an insurance provider such as your health insurance company, automobile insurance company, Medicaid/Medicare, or Workers Compensation carrier.  In essence, they will demand that you repay them out of your settlement or award for the bills they have already paid on your behalf.  Sometimes they are entitled to repayment and sometimes they are not.  Only an experienced injury lawyer can tell for sure.  Don’t find out after your injury settlement is gone that you owe your insurance carrier hundreds, even thousands, of dollars! Call us.

Matt Ketcham
Nolan, Caddell & Reynolds
122 No. 11th St.
Fort Smith, Arkansas 72902
1-800-709-5297 Toll Free
479-782-5297

Absolutely!  If your recovery from injuries caused by another driver causes you to be absent from work, you are entitled to recover your lost wages.  Be sure to have your doctor either write you a note excusing you from work due to your injuries, or make sure he or she makes it clear in your medical records that you are medically unable to work for the time he or she prescribes.  This documentation will make it clear to the at-fault driver’s insurance company, or if need be, a jury, that you were medically unable to work for a ime while you were recovering.  We also have a form for your employer to complete which details your loss and make it easier to recover your lost wages.  Call us!

Matt Ketcham
Nolan, Caddell & Reynolds
122 No. 11th St.
Fort Smith, Arkansas 72902
1-800-709-5297 Toll Free
479-782-5297

Unfortunately, our memories fade over time.  Our doctors, nurses, hospitals and police and ambulance workers know this to be true also, which is why they take notes to remind them of what was said or done with regard to an accident or treatment.  You should be no different. If you’ve been involved in an accident, keep a diary of your experience, i.e. your recollection of facts regarding the accident itself, statements of those involved or perhaps eyewitnesses and their contact information, your medical treatment, and how you felt from day to day in your recovery.

The old saying “A picture is worth a thousand words.” is especially true when it comes to your injury case.  Pictures of the accident scene immediately following the accident, the vehicles involved, and your injuries (both initially and as they heal) can be very helpful when processing your case.  Use the camera on your cell phone or keep a disposable camera in your glove box for pictures at the time of the accident. Safeguard the evidence and the evidence might just safeguard you and your case!