Serving clients in Fayetteville and all of NW Arkansas
Any serious injury can alter your life forever, but few injuries could be more physically, mentally, or emotionally devastating than a traumatic brain injury (TBI). This is especially true when the injury was preventable, and was caused by another person’s reckless or careless behavior. If you’re living with the effects of TBI, or if one of your loved ones passed away after sustaining major head trauma, you and your family may be eligible for compensation from the business or person who was responsible for the accident. Fort Smith personal injury lawyer Ken Kieklak can help.
Ken has nearly 20 years of experience handling a wide variety of injury claims and wrongful death lawsuits on behalf of Forth Smith, Arkansas residents. Ken is prepared to tackle even highly complex and challenging cases, and is dedicated to aggressively pursuing the maximum possible compensation for all of the clients he represents. Compensation can help pay for your medical bills, cover caregiver expenses, and keep you and your loved ones more comfortable as you recover during this difficult time.
However, time is of the essence. If you miss a deadline called the statute of limitations, your claim will be lost forever. To schedule a free and completely confidential case evaluation, call Ken right away at (479) 251-7767.
Liability and Compensation for Arkansas TBI Victims
TBI can affect people of all races, ages, and occupations, because it can be caused by virtually anything. However, the CDC (Centers for Disease Control and Prevention) has identified the leading causes for cases documented from 2006 through 2010:
- Falls — 40.5%
- Object Strikes — 15.5%
- Vehicular Accidents — 14.3%
- Attacks (Assault) — 10.7%
The other 19% of cases were attributed to other or unknown causes.
This is significant for injury victims because the types of accidents which most commonly cause TBI, like car accidents, often involve some degree of liability or fault.
For example, falls include slip and fall accidents, which are part of an area of law known as premises liability. In plain terms, premises liability means that property owners are responsible for operating and maintaining safe properties. If a property owner knows about a current property hazard, or could reasonably foresee a future hazard developing, but fails to correct the situation, then he or she may be liable for any resulting injuries. Issues like broken railings and poor lighting are common examples of property hazards.
Auto accidents were identified as another major contributor to serious head injuries, including truck accidents and motorcycle accidents. The other driver could potentially assume liability for the resulting death or injury if he or she:
- Was driving recklessly, such as excessive speeding.
- Was driving while intoxicated by drugs and/or alcohol (DUI/DWI).
- Was distracted by the radio or a GPS device.
- Was texting while driving, instead of paying attention to the road.
Depending on the circumstances of the accident which led to you or your loved one’s head injury, it may be able to demonstrate that the other party was at fault.
Common Effects of Traumatic Brain Injuries
Injuries of all types can have major negative effects, but brain injuries are especially devastating because they frequently affect multiple organs, limbs, and body systems. In some cases, TBI can even alter victims’ thoughts and personalities. Because brains cannot be replaced like other damaged organs, such as hearts or livers, many survivors are struck with the consequences forever. Some medical issues commonly caused by traumatic brain injuries include, but are not limited to:
- Difficulty balancing and perceiving depth.
- Difficulty using logic and processing information.
- Loss of eyesight.
- Loss of hearing.
- Loss of physical sensation, such as sensitivity to heat or pressure.
- Inability to form or retain memories.
- Intellectual disability.
- Mental health disorders, such as severe depression or anxiety.
- Paralysis ranging from an isolated area, like a hand, to full-body quadriplegia.
- PTSD (Post-Traumatic Stress Disorder) associated with the event.
- Slurred speech and difficulty communicating.
- Urinary incontinence.
Not only are these medical problems devastating in their own right — they can also lead to other negative consequences. For example, an injury victim who becomes paralyzed will likely have to resign from his or her job, file for disability benefits, hire caregivers to assist with basic household tasks, and retrofit his or her home to provide better wheelchair access.
Contact a Fort Smith Traumatic Brain Injury Attorney Today at The Law Office of Ken Kieklak
If the person had previously been supporting his or her household, then the dependent family members also suffer, both emotionally and financially. In short, TBI doesn’t just affect the person’s mind and/or body — it affects every part of the person’s life, including the lives of their loved ones.
If you suffered an accidental head injury in Fort Smith, or if a loved one’s wrongful death was caused by TBI, you may be able to recover significant compensation for your suffering and your losses. To start exploring your family’s legal options in a free and private consultation, call TBI lawyer Ken Kieklak at (479) 251-7767 today.
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