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Arkansas Personal Injury Questions & Answers
2 Answers | Asked in Nursing Home Abuse, Wrongful Death and Personal Injury for Arkansas on
Q: Can I sue for wrongful death after negligent care at an Arkansas nursing facility?

My mom passed away in a nursing facility due to negligence. She was given a breathing treatment that wasn't ordered by a doctor, and this led to her death. I filed a complaint with The Department of Human Services, and The Office of Long Term Care conducted a surprise investigation, resulting... View More

Richard Lane Hughes
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answered on Jun 29, 2025

Yes, a representative of the estate of your mother can sue a nursing home for negligence resulting in her injury or death. However, there are many factors that must be considered before taking on that task. First, when did the negligent act take place? There are time limits that apply in all... View More

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1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Arkansas on
Q: The drunk driver insurance company filed bankruptcy. They are the defendant I am the plaintiff, but I was the passenger.

The driver, my ex-boyfriend just got all his medical took care of the lawyer paid and money in his pocket and I was told I’m sorry I don’t know how I can help you now because the other guys insurance company is incomplete bankruptcy. They forgot about my injuries when he turned everything in to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

I'm sorry for your accident and ordeal. There are too many things to sort out here than can be addressed in a brief post. The best thing you can do is to arrange a free initial consult with an attorney. An experienced attorney could examine your matter in more detail - your injuries, the... View More

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3 Answers | Asked in Bankruptcy, Contracts, Foreclosure, Personal Injury and Identity Theft for Arkansas on
Q: How would I go about finding out if someone has married me without me knowing and also taken power of attorney over me

If someone is using my name and social how would I find out how it's being/been used

James L. Arrasmith
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answered on Feb 4, 2024

If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Federal Crimes for Arkansas on
Q: What Happenes in a P.R.E.A. case and is it even worth pursuing
James L. Arrasmith
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answered on Jan 29, 2024

A Prison Rape Elimination Act (PREA) case involves allegations of sexual abuse or harassment that occur within a correctional facility. Pursuing a PREA case is important as it addresses violations of inmates' rights to be free from sexual misconduct while incarcerated.

To pursue a PREA... View More

1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Criminal Law for Arkansas on
Q: I went to jail. The 1st & 3rd I was raped in the cell by a male trustee
James L. Arrasmith
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answered on Jan 29, 2024

I'm truly sorry to hear about your experience in jail. Sexual assault is a serious matter, and it's crucial to take immediate action. First and foremost, seek medical attention to address any physical injuries and collect evidence.

Contact law enforcement to report the sexual... View More

1 Answer | Asked in Personal Injury, Car Accidents and Civil Rights for Arkansas on
Q: I'm a black man and I was a guest at a casino hotel. On a previous stay I had come in a moving truck so after taking my

If I was denied valet service because of race what amendment does this violate and after this guy was sent to pick me up he hit me with the van when I tried to get in once in the van I ask what issues do you have with me you don't know me is this about race he stops and kicks me out of the... View More

James L. Arrasmith
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answered on Jan 1, 2024

Your experience at the casino hotel, particularly if it involved racial discrimination, could potentially be a violation of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race in public accommodations. Being denied valet service and the subsequent treatment you... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for Arkansas on
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do

My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse

James L. Arrasmith
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answered on Dec 24, 2023

If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take.

First, consider filing a formal complaint with the police department regarding the lack of investigation. This... View More

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Arkansas on
Q: What is harassment or stocking? What can I do if this person has already caused an injury in the past

I was injured. We both charged w DOC due to crappy lawyer and prosecutor charges were all dismissed. County will not help me things keep on

Now she is calling me on my social media driving by my home. I’ve been sent magazines in crazy name including my own. Had been nonstop

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, harassment and stalking are serious offenses. Harassment generally involves engaging in conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. Stalking typically refers to engaging in a course of conduct that causes someone to... View More

1 Answer | Asked in Health Care Law, Personal Injury and Civil Litigation for Arkansas on
Q: Can I sue a rehab for breaching privacy and administering unprescribed meds?

I attended a rehab center and did not consent to the release of my private information, except to my mother. The rehab disclosed my involvement in a vehicle sale to my employer, who also attended the rehab, leading to a threat of termination unless I reimbursed him. Additionally, the rehab... View More

James L. Arrasmith
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answered on Jul 11, 2025

You have two clear claims: one for unauthorized disclosure of your treatment information (a breach of privacy under HIPAA or state equivalents) and another for battery or medical malpractice for administering narcotics without a prescription.

Begin by sending a written demand letter to the... View More

1 Answer | Asked in Medical Malpractice, Contracts, Civil Rights and Personal Injury for Arkansas on
Q: Can I sue for lack of informed consent or breach of contract after an unauthorized pregnancy test?

On January 12th, 2025, a doctor and nurse at a hospital conducted a pregnancy test on me without my consent. I expressly stated I did not consent to any pregnancy tests, which the RN communicated to the doctor. Nonetheless, they took a blood sample that I approved only for typical blood panels and... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, you can pursue legal action for lack of informed consent and possibly breach of contract. When a patient clearly refuses a specific medical test, and the provider proceeds anyway, that constitutes a violation of bodily autonomy and may give rise to a civil claim even in the absence of physical... View More

1 Answer | Asked in Criminal Law, Personal Injury and Insurance Defense for Arkansas on
Q: What legal issues may I face for a stray bullet incident at my AR gun club?

I was at my gun club, where a stray bullet allegedly hit a house downrange past the berms during my visit on 7/3. No one else was present, and while the berms are low, I complied with all club rules and shot in a downrange safe manner, never in the air. The club accused me over the phone of... View More

James L. Arrasmith
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answered on Jul 5, 2025

You may face civil or criminal liability depending on the outcome of the investigation and how law enforcement interprets the facts. If the stray bullet can be linked to your shooting activity and it caused property damage, you could be cited for criminal mischief or reckless endangerment under... View More

1 Answer | Asked in Intellectual Property, Internet Law, White Collar Crime, Libel & Slander, Criminal Law and Personal Injury for Arkansas on
Q: How to protect my IP after unauthorized use by Stripe and others?

I have discovered that Stripe Payment Processing and several other businesses have allegedly stolen my business and funds, and are using my trademarked and copyrighted business name without my authorization. Despite not having launched my business yet, they have somehow accessed my private... View More

James L. Arrasmith
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answered on Jul 5, 2025

You must begin by gathering all evidence of your intellectual property ownership—registered trademarks, copyright certificates, business formation documents, and any original work or branding elements associated with your business. Secure documentation showing your control over the business name... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant, Real Estate Law and Personal Injury for Arkansas on
Q: Accused of arson after electrical fire despite fire report not indicating human cause.

My house burned down due to an electrical fire, but I am being accused of aggravated arson. No one was present at the time except for me. There is no evidence supporting the accusation, and the fire department's report indicates the fire was not caused by human actions. I am still awaiting... View More

James L. Arrasmith
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answered on Jun 25, 2025

You’re facing a deeply serious accusation, and your first step must be to prepare a strong defense rooted in facts and expert evidence. The most important document in your favor right now is the fire department's report stating the fire was not caused by human actions. That directly... View More

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Arkansas on
Q: Caps for injuries in an Arkansas auto accident with serious injuries and same insurer involvement.

What are the caps for injuries in an auto accident in Arkansas? I sustained a broken neck and a serious injury to my leg. The perpetrator is insured by the same company as I am. A legal claim has been filed, but there have been no negotiations with the insurance company so far. The accident... View More

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2025

Your question appears to straddle two geographic regions, both Illinois and Arkansas. It's really best for attorneys in the respective states to advise, but in general, in most states, ordinary economic and non-economic loss that covers pain & suffering, medical expenses, and other clearly... View More

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1 Answer | Asked in Nursing Home Abuse, Probate, Public Benefits and Personal Injury for Arkansas on
Q: Who is responsible for my deceased mother's nursing home balance?

Do I need an attorney regarding my mother's nursing home balance? After my mother, who was severely disabled, passed away, the nursing home is claiming unpaid balances. I signed her admission paperwork and worked with the nursing home to apply for Medicaid, which was denied several times... View More

James L. Arrasmith
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answered on Jun 11, 2025

I’m really sorry you’re having to face this while still grieving your mother’s passing. It’s a lot to deal with, especially when nursing home bills start showing up. In most cases, you are not personally responsible for a loved one’s nursing home debt unless you agreed in writing to take... View More

1 Answer | Asked in Workers' Compensation and Personal Injury for Arkansas on
Q: Can I pursue a worker's compensation claim for an Achilles tendon rupture in Arkansas as an hourly worker?

I ruptured my Achilles tendon while running an errand for a client at a store. My employer did not have worker's compensation insurance when the incident was reported, claiming I was an independent contractor. However, I was paid hourly, and my employer had to clock me out, indicating I was... View More

James L. Arrasmith
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answered on Jun 7, 2025

Yes, you may still be able to pursue a workers' compensation claim in Arkansas, even though your employer says you're an independent contractor. The fact that you were paid hourly and had to be clocked in and out points toward an employee relationship, which matters more than how your... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Arkansas on
Q: Do I have a civil rights violation case after an unlawful entry and arrest?

I experienced an incident where a bondsman attempted to forcibly enter my home without knocking, providing no explanations, and carrying a gun. Surveillance footage captured him trying to enter through my sliding door. I did not bail anyone out, nor was my address used in any bail-related matters.... View More

James L. Arrasmith
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answered on May 31, 2025

You may have grounds to pursue a civil rights claim, especially if your constitutional rights were violated during the incident. Unlawful entry into your home by either the bondsman or law enforcement, as well as an arrest without proper legal justification, could potentially form the basis for a... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Arkansas on
Q: Can I sue for mistreatment at Red Deer Hospital?

When I was 12 and hospitalized at Red Deer Hospital, I experienced mistreatment. I was handcuffed by a peace officer for trying to return to my room and was denied proper assistance when I reported having a sprained wrist, despite my high-functioning autism and ADHD. Hospital staff and security did... View More

James L. Arrasmith
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answered on May 31, 2025

I'm really sorry to hear about what you went through at Red Deer Hospital. What you described—being handcuffed by a peace officer and not receiving proper care after reporting an injury—sounds deeply upsetting, especially considering your medical needs and diagnosis. Your decision to file... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Employment Law and Personal Injury for Arkansas on
Q: How can I obtain a 5150 order for my aggressive and violent husband in Arkansas?

I need help obtaining a 5150 order for my husband, who is 44 years old. He has a history of drug use and recently suffered a seizure-like episode. His behavior has become aggressive and violent, and he has made life-threatening threats, like saying goodbye and hinting at suicide. He has also made... View More

James L. Arrasmith
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answered on May 15, 2025

In Arkansas, a 5150 order—known elsewhere as an involuntary psychiatric hold—doesn’t exist under that name, but you can seek emergency mental health intervention if your husband poses a danger to himself or others. Given his aggressive behavior, threats, and past incidents, you can contact... View More

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