An unfortunate reality of the world that we live in is that accidents happen every day, including accidents that can cause serious damage and change people’s lives forever. When you or a loved one has been injured or had property damage caused due to an accident, you may wonder what resources you have to claim reimbursement for your losses and other damages from the individual who caused the accident. There is not always an easy answer to this question, and much will depend on whether the person who caused the accident did something that meets the legal definition of “negligence.”
Ken Kieklak, Attorney at Law, is an Arkansas personal injury lawyer with years of experience working with clients who have been the victims of accidents to get them reimbursed and made whole again. He will analyze the specifics of your situation and determine whether he believes a successful case can be made that your injuries were the result of the actions of a negligent party. If so, our firm will help you file a lawsuit against the negligent actor and work to settle the matter in such a way as to get you the maximum possible payout for your time and suffering. Call our office today at (479) 316-0438 for a free consultation.
How Do I File a Lawsuit for Personal Injury in Arkansas?
In order to successfully prove a personal injury lawsuit in the state of Arkansas, you and your lawyer must demonstrate the existence in your matter of the four elements of a negligence case: a duty, a breach of that duty, the breach causing the injury, and resulting damages. A duty occurs when you have a legal obligation, such as an obligation to follow traffic laws when driving. Generally, people in everyday life also have a duty to behave as a reasonable person in their shoes would so as to not cause negligent injury or property damage to others. A breach of a duty is a when you violate your obligation to be reasonable or follow certain laws or regulations, such as if you ignore a red light and speed through an intersection.
Then, you and your lawyer must work to show that the breach of this duty was the cause of the injuries or property damage. This is often the hardest part of the case to prove and requires collecting evidence from the scene, such as a traffic light video camera that clearly shows the other driver speeding through a red light and smashing into you when you had the right of way in the intersection. Finally, if causation can be proven, you must show that tangible damages resulted, such as hospital bills, the cost of physical therapy, or the cost of replacing a totaled vehicle.
An experienced Arkansas personal injury lawyer like Ken Kieklak will work to show the lawyers representing the other party or their insurance company that we will be able to prove our case at trial. If we can do so, they are likely to offer us an amenable settlement agreement to keep the matter from going to a trial where they will spend more money and possibly lose bigger. However, if the offer is not satisfactory, we are always ready and able to fight to prove your case in the courtroom.
Common Types of Personal Injury You Can Sue for in Arkansas
There are numerous different situations where a person’s negligence can cause injury or damage to someone or something, and, as such, personal injury cases vary greatly in terms of their underlying facts and background. The following are just some of the most common types of situations that lead to successful personal injury lawsuits in Arkansas. The list is by no means exhaustive. Any time you or a loved one are injured or killed or your property is damaged and you believe it was caused by the negligence of a person or entity, like a corporation, you should contact a skilled Arkansas personal injury lawyer like Ken Kieklak right away so we can assess your situation and preserve important evidence for a potential case.
Car accidents often lead to serious damage to one or both of the vehicles, as well as injuries to the passengers. If you were the victim of a car accident in Arkansas where the other party was at fault, such as a situation like the one described above where someone runs a red light and blindsides you, you may have a personal injury case against them where you can be reimbursed for the damages the accident caused you.
A doctor always has a duty of care to their patients, meaning they must behave as a reasonable doctor would be expected to in the same situation. If, for example, a doctor shows up drunk to work and botches your surgery, they are likely in breach of their duty and can be targeted for damages in a medical malpractice lawsuit.
Slip and Falls Accidents
Owners of public places like stores and restaurants have a duty to keep their premises safe for the public. If there is a spill in a store and the owners let it go for hours without cleaning it, and you slip on the spilled juice and break your leg, there will likely be a good case for negligence on the part of the store.
Sometimes, if you buy a product that breaks and causes you an injury, you may be able to sue either the seller or manufacturer in a personal injury case. For example, if a lawnmower blows up the first time you use it due to the fact that the seller did not store it in the proper temperature, you may have a negligence case against the seller.
If You Have Been the Victim of an Accident, Call Our Skilled Arkansas Personal Injury Lawyers Today
Anytime you are the victim of an accident due to someone else’s actions, there is a chance that you may be able to prove a successfully personal injury case against them. Ken Kieklak, Attorney at Law, has the years of experience and institutional knowledge to advise you on the best steps that can be taken after an accident to make you whole again. If we believe filing a personal injury lawsuit is the right move, our Arkansas personal injury attorneys will help you do so and fight for the best possible outcome for you and your future. For a free consultation, call us today at (479) 316-0438.