Jonesboro, Arkansas


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Frank Bailey
Frank Bailey
Contributor •

Protect Your Constitutional Rights to Full Compensation

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If you have been injured, the Arkansas Legislature attempted in 2003 to limit your right to compensation to the amount of medical bills actually paid. For example if you had Medicare Insurance that paid a lower rate than the hospital charged, the legislation only required the wrongdoer to pay the lower amount. In effect this gave the wrongdoer the benefit of your insurance.
Fortunately there are many Circuit Court Judges who have held this violated Article V Section 32 of the Arkansas Constitution due to the fact that the statute limits the amount of recovery for injuries of a tort victim.
Courts have also found that the statute violates Amendment 80 Section 3 of the Arkansas Constitution because it infringes on the inherent rule making authority of the Arkansas Supreme Court.
If you or a loved one is injured through the carelessness and negligence of another be sure the insurance company pays you full compensation for your injuries, (the private pay charges, not the discounted amount charged to your insurance carrier). It may be necessary to go to court to enforce your constitutional rights, but if we sit back and don’t enforce our rights, soon we will lose another and yet another.
As of last count at least 20 courageous and fair minded Circuit Court Judges have found this law unconstitutional.