Jacksonville, AR Personal Injury Lawyer
Everyone is bound to become injured sometime in their life. Minor bruises, cuts, scrapes, and – at worst – a broken limb are part of many people’s childhood. However, some injuries are extremely severe and may require extensive medical care. Moreover, injuries can happen when another party is negligent or careless. When this happens to you, it can be very upsetting knowing that you could have a potentially life-changing injury, and it could have been avoided if somebody simply did their job the way they were supposed to.
If you were injured and are now considering legal action, our lawyers can help. We can gather evidence, talk to opposing counsel and other people involved in the case, and fight hard for you in court to the very end to get you the compensation you need when you are injured.
Call our personal injury lawyers to go over the details of your case for free when you call (479) 316-0438.
Things We Can Represent You for in a Jacksonville, AR Personal Injury Case
Our personal injury attorneys can represent you for a number of different circumstances that may have resulted in injury. Each of these will likely have different legal considerations based on the facts surrounding your situation.
Car accidents frequently lead to injuries to either drivers of motor vehicles or pedestrians. The high-impact forces involved can result in bruises, broken bones, or traumatic brain injuries. Pedestrians are even more vulnerable than drivers because they do not have the benefit of safety features to blunt some of the impact of an oncoming car.
Truck accidents are extremely dangerous for the occupants of other vehicles. Trucks are much larger and heavier than ordinary vehicles, so the potential injuries that can be incurred in a truck accident are devastating and potentially life-changing.
Sometimes, things break or do not work how they are supposed to. Most of the time, this is not a big deal. However, on occasion, a defective product can seriously injure the end-user. If a product was dangerously designed or manufactured, you might be able to sue the relevant company for your injuries since you were promised a working, safe product.
Slip and Fall Injuries
Slipping and falling down can lead to severe injuries if you fall at high speed or onto a hard surface. You could get broken bone or permanent nerve damage from a nasty slip and fall in a store or down a poorly lit stairwell.
Sadly, many injuries can result in the death of the victim. Wrongful death lawsuits are a way to make up for some of the loss that is felt from the death of a loved one. There are some considerations specific to wrongful death claims that may come up in a lawsuit, so be sure to speak with our lawyers about your particular situation.
Proving Negligence in Jacksonville, AR Personal Injury Lawsuits
The vast majority of personal injury lawsuits will revolve around whether the defendant was negligent in causing your injuries. You may be able to recover damages from a non-negligent defendant under very limited circumstances through something called “strict liability,” but that is the exception, not the rule. If the defendant was not negligent, there is a high likelihood you will not be able to recover damages.
To prove negligence, you need to establish four parts, or “elements,” in court. These elements are duty, breach, causation, and injury.
Duty means that the defendant had some sort of obligation towards you. Generally, defendants have a legal duty to act as a reasonable person would under the circumstances. For example, drivers of cars have a duty to drive safely as not to be a danger to other motorists.
Breach is when a defendant fails to uphold their duty of care towards you. For example, a driver who cuts you off or speeds breaches their duty to be safe around other drivers. Another example of a breach of duty that could lead to injury is if a company guarantees that a product is safe and up to specifications, but it then breaks and injures the plaintiff.
Causation is one of the more contested elements in most personal injury lawsuits. What needs to be proven is that the defendant is the “proximate cause” of your injuries. This means that they caused your injuries and that the cause is sufficiently linked to your injuries. There are a near-infinite number of things that could have technically caused your injury. For example, a defendant’s parents are a very far-removed cause of your injuries because they gave birth to the defendant, who then went on much later in their life to injure you. However, you cannot sue the defendant’s parents because they are too far removed from the defendant’s conduct.
An example of something that would be a proximate cause is a truck driver speeding up to avoid a dangerous driver and then failing to hit the brakes in time and subsequently striking your car. Even though the dangerous driver caused the trucker to do something that hurt you, they are not the cause of your injuries because they are legally “cut off” from liability by the trucker speeding and failing to slow down. The truck driver’s negligent actions are the proximate cause of your injuries in this example.
Injury is generally one of the more straightforward elements to prove. Essentially, you need to prove that you were actually injured. Otherwise, there is very little reason for you to be going to court in the first place. Records of medical treatments you underwent for your injuries or pictures of your injuries themselves can be used to establish that you were injured in an accident.
Talk with Our Jacksonville, AR Personal Injury Lawyers Today
Call our personal injury attorneys today at (479) 316-0438 for a free case assessment.