Frequently Asked Questions by Clients in Fayetteville
Answers From Experienced Arkansas Attorneys
The Martin Law Firm knows that pursuing legal action can be exhausting. Our lawyers work to achieve the best outcome for you, while making the process as pleasant as possible. One way we do that is to make sure we give clients straight answers to their questions. Here are some questions we hear frequently from our clients:
What should I do if I get injured on the job?
You must notify your employer of the injury and tell him or her if you need medical attention. Under Arkansas workers compensation law, your employer or its insurance company can choose your first physician, but you have other options, including the right to change physicians one time only provided that you follow certain technical steps. The experienced workers compensation lawyers at the Martin Law Firm can help you understand the process and your rights in Arkansas.
How can I make sure I don't jeopardize my workers comp claim?
Your claim may be denied if you fail to report injuries promptly or fail to cooperate with your employer or treating physician. Your claim also can be denied if you refuse to return to suitable employment. An experienced attorney at the Martin Law Firm can help you make sure you meet workers compensation requirements.
What is no-fault workers compensation?
Many states, including Arkansas, have no-fault insurance programs that provide benefits to employees who suffer job-related injury or illness. In such a program, if you are injured on the job, you receive benefits without having to prove that your employer was to blame for the injury. In exchange, you give up the right to file a civil suit against your employer, unless the injury was intentional. If you believe you are being shortchanged by workers comp, the attorneys at the Martin Law Firm can help.
What is medical malpractice in Arkansas?
Medical malpractice or professional negligence occurs when you harmed because you received substandard care from a doctor, hospital, nurse, technician, pharmacist or other healthcare provider. Medical malpractice is a complicated area of the law. A trusted medical malpractice attorney at the Martin Law Firm can offer reliable help.
What if my Arkansas state workers compensation claim is denied?
If your employer and its insurance company deny coverage of the claim, you may file a claim with the Arkansas Workers’ Compensation Commission. You should act quickly because the workers compensation statutes set a time limit on claims.
Who is liable for medical malpractice under Arkansas law?
Any healthcare provider — a physician, nurse or even a therapist — who has caused injury to a patient because of professional negligence or substandard care, may be named as a defendant. Also, the healthcare provider’s employer — often a hospital, HMO or professional corporation — can be named in a lawsuit. An experienced medical malpractice attorney can help you identify the appropriate defendants in a malpractice lawsuit.
Can I sue for medical malpractice in Arkansas?
A patient injured because of medical negligence — or the patient’s family member if the victim is unable — can file suit. When a patient dies as a result of medical negligence, the patient’s family may sue for wrongful death. The Martin Law Firm offers a free consultation and receives compensation only if you win.
Do your firm's successes mean you will win my case?
Nothing is guaranteed in life or litigation. The only thing the attorneys at the Martin Law Firm can promise you is that we will investigate your case thoroughly before agreeing to proceed with it. The Martin Law Firm never takes a case that we don’t think we can win. If we take your case, the attorneys at the Martin Law Firm will do everything we can to make the case successful. We get paid only if your claim succeeds.
Is medical negligence common?
Yes. In the United States, medical malpractice results in the death of 98,000 people each year in hospitals alone. It is estimated that hundreds of thousands of malpractice deaths outside hospitals take place, in addition to the millions of injuries sustained from malpractice. Only a tiny percentage of malpractice victims or their survivors ever make a claim or file a lawsuit. An attorney at the Martin Law Firm will help you sort out your claim and assess your chances of winning damages.
How will I pay for your time and expenses?
The Martin Law Firm handles cases on a contingency basis, which means that we receive a percentage of the financial recovery. If the client wins nothing, the Martin Law Firm receives nothing.
Will I have to go to court?
The vast majority of personal injury cases never go to trial. You will have to attend your deposition, usually at our office or a court reporter’s office, but a Martin Law Firm lawyer will always be with you. We also may want you to attend a defendant’s deposition. You will have to attend any mediation sessions, as well as the pretrial conference — if the case goes that far without settling. Of course, if it goes to trial, you must attend the proceedings. But, again, few cases go to trial. Martin Law Firm attorneys will guide you along the way and advise you accordingly.
What's the difference between SSI and SSD?
Supplemental Security Insurance (SSI) pays benefits based on financial need. Most SSI beneficiaries are automatically eligible for Medicaid. Only workers who have paid into the Social Security system can collect Social Security Disability (SSD) insurance. After receiving SSD benefits for two years, the worker may begin to receive Medicare.
How long do I have to wait to hear if my SSD claim was approved or denied?
The delay on most claims is from three to five months to consider, though some claims can take even longer. If the Social Security Administration (SSA) finds a problem with your medical records, the claim may be further delayed — or outright denied. Claim denials are common, but the SSA has an appeal process. A trusted attorney at the Martin Law Firm can help you file a successful SSD claim.
Contact the Martin Law Firm in Fayetteville, AR today
If you have suffered a personal injury anywhere in Arkansas or the surrounding states, contact the Martin Law Firm at 800.633.2160 or online to schedule a free initial consultation. We offer evening and weekend appointments. We handle all cases on a contingency basis, which means you pay nothing unless we win compensation for you.
2059 Green Acres Rd.
Fayetteville, Arkansas 72702
Martin Law Firm is located in Fayetteville, Arkansas and serves clients in and around Springdale, West Fork, Fayetteville, Greenland, Farmington, Prairie Grove, Lincoln and Washington County.
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