Serving clients in Fayetteville and all of NW Arkansas
Knowing the laws for your state regarding liability in a negligence claim is important. These rules can inform you how a judge or jury can determine fault during a case. If you or a family member was injured in an accident and are concerned about liability, consult with an experienced Fayetteville AR personal injury lawyer today. Ken Kieklak, Attorney at Law, recognizes how a serious accident may affect the life of a victim, and he is here to offer his services to you. Ken Kieklak is here to explain whether Arkansas uses the comparative negligence rule.
Determining Fault Using Arkansas’ Modified Comparative Negligence Rule
If you were severely injured due to the actions of another person or entity, you may consider filing a personal injury lawsuit against that party. Personal injury lawsuits are typically based on proving that a defendant committed negligence. However, every state does not have uniform laws when it comes to determining fault in a personal injury claim.
In Arkansas, to determine fault in a claim based on negligence, the court will utilize the modified comparative negligence rule. Under this rule, the judge or the jury will assign a level of fault to a defendant or plaintiff, depending on the circumstances of the case. For example, if a plaintiff and a defendant were both speeding when an accident occurred, both parties may be assigned a percentage of fault.
Arkansas’ modified comparative negligence rule can also affect a plaintiff’s damages. Specifically, if a jury assigns a plaintiff some percentage of fault, their damages will be decreased by this amount. For example, if a jury decides that a plaintiff was 40 percent at fault for a car accident, any compensation awarded will be reduced by 40 percent.
It is important to note that Arkansas has also adopted the 50 percent rule for negligence claims. The 50 percent rule states that if a plaintiff is found at least 50 percent liable in an accident, they will be barred from recovering damages for their injuries. However, this also means that a plaintiff can be liable for even 49 percent of an accident and still receive compensation for the accident.
To learn more about negligence claims in Arkansas, you should continue reading and speak with an experienced Arkansas personal injury attorney.
Common Negligence Claims Our Firm Handles
There are a number of common negligence claims where the modified comparative negligence rule is applied. The following is a list negligence claims that our firm can litigate for you.
Slip and Fall Accidents
Slip and fall accidents are likely the most common type of negligence claim. Property owners have a duty to ensure the safety of visitors upon their property. For example, failure to shovel or plow snow and ice on a property can make the property owner liable if a pedestrian slips and falls. Other circumstances that can lead to a slip and fall accident include:
- Inadequate lighting in dark areas
- Wet or slippery floors
- Unstable stairwells or banisters
- Uneven sidewalks
Distributing fault for a car accident can be a difficult process. There are a number of factors that must be considered that can alter a driver’s liability for a car crash:
- The speed of the driver
- The weather conditions at the time of the accident
- The condition of the road
- Whether the driver was under the influence of drugs or alcohol
There are many other cases that involve negligence that our firm can handle. You do not have to fight your case alone.
When to File a Personal Injury Lawsuit
If you wish to file a personal injury lawsuit, you should pursue your case as soon as possible. Personal injury lawsuits are subject to the statute of limitations. The statute of limitations sets the amount of time that a person has to file a particular type of lawsuit. The filing deadline can change depending on the type of lawsuit a claimant wishes to file.
In Arkansas, the statute of limitations for a personal injury lawsuit is three years from the date of the accident. If a person does not meet the filing deadline, they may lose the opportunity to litigate their case. The defendant can move to dismiss the case with prejudice. This means that a plaintiff will be unable to pursue the case in the future.
While you may have three years to file a case, there are a number of incentives to filing your case as soon as possible. For example, you can lose track of vital witnesses over time or even evidence.
Work with Our Experienced Arkansas Negligence Claim Attorneys to Discuss Your Case
If you were a victim of an accident due to the negligence of another, you should consult with an experienced personal injury attorney. With two decades of legal experience litigating a variety of complex claims, personal injury attorney Ken Kieklak is ready to use his experience to fight for you. Ken Kieklak understands that complex legal rules can seem daunting at times, and he is prepared to alleviate your concerns. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.
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