Serving clients in Fayetteville and all of NW Arkansas
You may be careful when you set out on a drive, when your perform yardwork, or when engaging in recreational activities. But simply because you are a careful, cautious person doesn’t mean that others will extend the reciprocal courtesy. Rather, all too often, people are in a rush and not thinking about the consequences of their actions. They may speed down a highway or roadway to save time or they may simply fling open doors without regard to the others around them. In other instances people in a rush may fail to clean-up their trash or other debris leading to a situation where a slip and fall accident is likely.
In short, there are nearly an infinite ways to suffer a serious injury and just as many ways another person can cause or make the accident more likely. If another person’s carelessness or negligence has caused you to suffer a serious life-altering injury or if a loved one has been wrongfully killed, Ken Kieklak, Attorney at Law may be able to fight for you. To schedule a free, private legal consultation call us at 479-439-1843 or contact us online.
When Can I Bring a Personal Injury Lawsuit in Arkansas?
While it seems self-evident, a personal injury lawsuit can only be filed after the event that caused the injury has occurred. You, generally, cannot sue for an anticipated injury or a potential injury risk. However, you can bring legal action to obtain compensation for your injuries at any point following the injury provided that you do not fall outside of the state’s statute of limitations.
Statutes of limitations are in effect in every state and for many, if not most, causes of action. The statute of limitations is intended to encourage people to settle their claims in a timely manner before memories have faded and evidence has been lost or destroyed. In Arkansas, injured parties have 3 years from their injury to file suit.
Exceptions apply to this statute of limitations, however. In situations where the injured could not or would not be expected to discover the injury or the injury’s source, the statute of limitations is tolled. When a statute of limitation is tolled, it does not run or count against the time provided by the statute of limitations. In other words, the clock on the time you have to file your suit is stopped.
The classic example of how this exception would function involves a medical malpractice scenario where a doctor, surgeon, or member of the medical team leases a foreign object – like a sponge or other surgical tool – behind in the patient’s body. In these situations, it may be months or years before the sponge causes problems. In any case, even if the foreign object causes problems, the patient would not be expected to know the source of the injury until after a medical exam or medical imaging test revealed its presence.
What Types of Damages Can I Get?
The exact type and amount of damages that will be available in your matter are dependent on the injuries you suffered and a host of other factors and considerations. However, the most commonly awarded type of damages in these matters is compensatory damages. Damages of this type, as the name implies, compensate an individual for the losses they suffered due to the carelessness or negligence of another. These damages can provide compensation to cover your doctor’s bills, hospital bills, other medical expenses, lost wages, and loss of earning potential. These damages are intended to make you whole for your losses.
Other types of damages that can be awarded in matters like these include punitive damages. Punitive damages are typically only awarded when there is willful or wanton conduct that causes the injury. Alternatively and additionally, punitive damages can also be awarded to “send a message” that such behavior is unacceptable in society.
Rely on Crawford County, Arkansas Personal Injury Lawyer Ken Kieklak
Ken Kieklak, Attorney at Law is committed to fighting for responsible hardworking people who have suffered injury due to another’s carelessness or negligence. We understand that you have enough to worry about due to your severe injuries and can handle every aspect of the personal injury litigation process. We can negotiate with the insurance company, gather evidence, and build a case to secure the compensation you deserve. To schedule a free, private consultation call us at 479-439-1843 or contact us online today.
As part of applying for disability, you may need to fill out a “function report.” This form requires a large amount of information about your daily life and life-tasks, focusing on what you are and are not able to do. After you give the Social Security...read more
Workers’ compensation and disability are two programs that work to the benefit of injured and disabled workers respectively. However, there are differences between workers’ comp and disability that a person should know about before filing an application for either...read more
Drivers behind the wheel of a car or truck have a responsibility to drive safely and follow the rules of the road. Pedestrians walking along the road or crossing the street have little to no protection from airbags, seatbelts, or other protective devices, and they...read more
After being involved in a car accident, most people involved will focus on the issue of fault. People wonder whether they are at fault for the crash or how they can prove the other driver was at fault. In most car accident cases, “fault” is determined by looking at...read more