Still have foot drop two years after a Bentonville hydroplane wreck, any claim left?
The biggest money mistake is waiting until the nerve damage is permanent before finding out Arkansas gives you only 3 years to sue for most car-wreck injuries. So yes, you may still have a claim if the crash was less than 3 years ago. If it has been more than 3 years since the wreck, your claim against the at-fault driver is usually dead under Arkansas Code § 16-56-105, no matter how bad the foot drop got later.
What you need to prove it is not guesswork. It is paper.
You need the crash date first. Pull the Arkansas State Police crash report or local report if Bentonville Police worked it. In storm wrecks around Bentonville, US-71, I-49, and the slick stretches after flash floods, insurers love saying hydroplaning was "just weather" instead of another driver's speed, following distance, or bad lane change. The report, photos, dashcam, 911 logs, and witness names matter.
Then you need medical proof tying the wreck to the peroneal nerve injury or other cause of foot drop:
- ER records from the wreck
- VA records and private treatment records
- MRI, EMG, and nerve conduction studies
- Doctor notes showing when weakness, numbness, tripping, or brace use started
- A clear opinion that the crash aggravated any preexisting back, knee, or leg problem
The VA system and the civilian claim system do not talk to each other unless you make them. If the VA treated you, get the full chart, not just the visit summaries. If you had prior military injuries, get those records too, because the insurer will blame everything on your service history unless your doctors explain the difference between old baseline problems and new post-crash deficits.
Also gather every bill and payment record. If a hospital or provider filed a lien under Arkansas's medical lien law, or your own MedPay/UIM coverage applies, those deadlines and offsets can eat your money fast.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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