Serving clients in Fayetteville and all of NW Arkansas
Although you may be a conscientious person and you may try to avoid acting recklessly or carelessly in ways that endanger others, not everyone else does. In fact, many people routinely fail to look before they leap and end up causing incidents and accidents that cause severe and life-altering injuries. In other instances an honest mistake or oversight can cause injuries. Regardless of the reasons that lead to your serious injury, you should not have to pay for the careless acts of another. After all, it is already bad enough that you are experiencing pain & suffering and cannot do all of the things that you enjoy. Ken Kieklak, Attorney at Law can fight for you after a catastrophic injury or a loved one’s wrongful death.
Is There a Time Limit on When I Can Bring My Personal Injury Suit in Arkansas?
Like all states in the US, Arkansas imposes what is known as a statute of limitations or legal actions including personal injury lawsuits. The purpose of statute of limitations is to encourage people and businesses to resolve their issues and claims before the events that gave rise to the action has faded so far into the past that memories are unreliable and evidence has been lost. Encouraging speedy and timely resolution of claims also provides people with more certainty in their dealings knowing that their potential liability is limited to a set time limit. In Arkansas the statute of limitations is 3 years from the injury.
However there are exceptions to the statute of limitations. One exception is known as the discovery rule. The rule operates when it would not have been reasonable for the injured person to know that the injury had occurred or to know the source of the injury. In instances like these, the discovery rule can toll, halt, the statute of limitations until the injured party knows or should know about the injury. For instance, if a sponge or medical device was left behind in a patient and the patient did not experience any signs or symptoms until months later, the statute of limitations would likely be tolled for that period. However, as an exception, the discovery rule should never be relied upon. Injured individuals should always come forward with their claims as quickly as possible.
What Damages are Available in Personal Injury Lawsuits?
In Arkansas the main category of damages that can flow from a personal injury action are compensatory damages. As the name suggests, damages of this type are meant to compensate you for the losses or injuries you suffered due to another’s negligence. Compensatory damages can include things like you medical bills, rehabilitative therapy costs, lost wages, lost future wages and pain & suffering. The goal of these damages is to make you whole after a serious injury or loss.
Where do Accidents Resulting in Personal Injury Actions Occur?
Where a personal injury action can occur is limited only by the need for the presence of people. Most incidents from which a personal injury action stem seem to occur in the course of people’s day-to-day lives. One may decide to drive to the store. An automobile or a commercial trucking accident could conceivably occur while you are on the way. Once you arrive at the store, your could slip and fall on an uneven sidewalk or pathway. Once inside the store, an improperly stocked shelf or a hastily constructed display could, respectively, cause an avalanche of products or a collapse.
Even the products in the store could result in a personal injury suit in the form of a product liability lawsuit. Product defects can be introduced in the manufacturing process. Product defects can also be introduced at the design stage where the product was manufactured according to specifications, but is defective regardless. Failure to warn claims where a manufacturer failed to warn about a danger from a foreseeable use exists.
Contact Bentonville Personal Injury Lawyer Ken Kieklak
For more than 20 years Ken Kieklak has stood up and fought for Arkansans who have been injured through no fault of their own. To schedule your free and confidential personal injury consultation call (479) 251-7767 or contact us online.
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