Serving clients in Fayetteville and all of NW Arkansas
No person wants to be the victim of a severe accident because another person or entity failed to exercise proper care. Unfortunately, hundreds of personal injury lawsuits are filed in Bentonville every year for a variety of circumstances. If you were injured due to the negligence of another, contact an experienced Bentonville personal injury lawyer today.
Ken Kieklak, Attorney at Law, has practiced for over 20 years and has taken on a plethora of personal injury lawsuits for residents of Bentonville and others across Arkansas. Ken Kieklak understands the importance of pursuing compensation for a serious injury, and he is here to fight for you. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact Ken Kieklak using our online submission form.
Common Personal Injury Lawsuits in Bentonville, AR
Personal injury is a broad area of law. Many personal injury lawsuits operate on a theory of negligence. Specifically, the plaintiff in the case must show how the defendant was negligent in order to recover damages for their injuries. While personal injury law can refer to many types of claims, some claims are more common than others.
Where a personal injury action can occur is limited only by the need for the presence of people. Most incidents from which a personal injury action stem seem to occur in the course of people’s day-to-day lives. One may decide to drive to the store. An automobile or a commercial trucking accident could conceivably occur while you are on the way. Once you arrive at the store, your could slip and fall on an uneven sidewalk or pathway. Once inside the store, an improperly stocked shelf or a hastily constructed display could, respectively, cause an avalanche of products or a collapse.
Even the products in the store could result in a personal injury suit in the form of a product liability lawsuit. Product defects can be introduced in the manufacturing process. Product defects can also be introduced at the design stage where the product was manufactured according to specifications, but is defective regardless. Failure to warn claims where a manufacturer failed to warn about a danger from a foreseeable use exists.
Premises liability concerns a landowner’s duty to a visitor or even a trespasser on their property. Landowners have a duty to keep their property free of any defects that could injure a visitor to the property or to at least warn the visitor of the danger. In the case of a trespasser, a landowner typically must avoid reckless or wanton acts that could result in the injury of a trespasser.
A slip and fall accident is one of the most common premises liability lawsuits likely because they can occur anywhere. For example, if a customer at a restaurant slips on a wet spot because the staff failed to place a wet floor sign, this could make the restaurant owner liable for the accident.
There are also other types of premises liability lawsuits that a plaintiff can file. For example, if a homeowner fails to secure their pool and children nearly drown in the pool, the homeowner could be liable even though the children were trespassers. This is known as the attractive nuisance doctrine.
Severe and fatal car accidents occur every day in the United States. When a car accident occurs, the negligent driver will be held liable for the accident. However, depending on the circumstances of the accident, other parties may also be responsible. For example, if an Uber or Lyft driver causes an accident, the victim of the accident may pursue compensation from insurance policies provided by the rideshare companies.
We often hope that the doctor we selected to treat an injury or condition will provide us with the best of care. Unfortunately, some doctors may act negligently and worsen the condition of a patient. For example, failing to diagnose a possibly fatal condition like cancer could open a doctor up to liability.
If a doctor was employed by a hospital when the malpractice occurred, there is a possibility that the hospital could be vicariously liable for the doctor’s actions. This is why some hospitals hire doctors as independent contractors. Fortunately, our firm is here to help you determine the relevant parties in a malpractice lawsuit.
While not listed above, Ken Kieklak can handle many other types of personal injury claims for you, like defective product claims and commercial vehicle accidents. To learn more about filing a personal injury lawsuit in Bentonville, AR, continue reading and consult with an experienced personal injury lawyer.
What Damages are Available in Bentonville, AR Personal Injury Lawsuits?
In Arkansas the main category of damages that can flow from a personal injury action are compensatory damages. As the name suggests, damages of this type are meant to compensate you for the losses or injuries you suffered due to another’s negligence. Compensatory damages can include things like you medical bills, rehabilitative therapy costs, lost wages, lost future wages and pain & suffering. The goal of these damages is to make you whole after a serious injury or loss.
Arkansas Modified Comparative Fault Rule
If a plaintiff prevails in a personal injury lawsuit in Bentonville, AR against a defendant, the defendant will have to pay the plaintiff damages for their injuries. Arkansas’ modified comparative fault rule can affect the amount of damages awarded to a plaintiff. Under this rule, a plaintiff’s damages are decreased in accordance with their level of fault in the accident. This means that if a plaintiff were 30 percent negligent, they would lose 30 percent of their damages.
The state also uses the 50 percent rule when calculating damages. The 50 percent rule bars a plaintiff from receiving compensation if their fault was equal to or greater than that of the defendant. This means if the court or jury finds the defendant 50% at fault, they will be unable to receive compensation. That is why it is vital to ensure you gather sufficient evidence to show that you did not act negligently.
Work with Our Dedicated Bentonville Personal Injury Attorney Today
If you or a family member was injured in a serious accident, consult with an experienced Bentonville personal injury attorney as soon as possible. Injury lawyer Ken Kieklak is here to provide you with the aggressive legal representation that you deserve for your case. To schedule a free case evaluation, contact Ken Kieklak, Attorney at Law, at (479) 316-0438.