Depending on its severity, an unexpected injury could lead to a chain of devasting events. From the initial pain and suffering you experience to substantial medical bills and lost time at work, you and your family could be facing a physical and financial crisis. When another’s negligence causes the injury, you have the right to pursue monetary compensation for your injuries through a personal injury lawsuit.
Ken Kieklak is a Farmington, AR personal injury lawyer with decades of experience representing hurt individuals and their families. If you or a loved one was harmed because of another’s conduct, you could have the grounds for a personal injury claim. Our office will thoroughly examine your case and help you move forward. Call (479) 316-0438 to discuss your legal options. Our consultations are free.
Types of Personal Injury Cases Our Farmington, AR Attorneys Handle
Personal injury lawsuits arise from a wide variety of accidents and incidents. Each case is unique and, depending on what occurred, requires a very tailored legal strategy. Our Farmington, AR personal injury attorneys have decades of experience litigating and negotiating many different types of claims. Some of the types of cases our office handles are listed below.
Automotive Vehicle Accidents
Unfortunately, automotive vehicle accidents are common occurrences in Farmington and throughout Arkansas. Whether you are involved in a single-car crash, multi-vehicle collision, truck accident, or motorcycle crash, you could suffer a wide range of injuries from minor bruises to permanent disabilities. You do not even have to be in a vehicle; pedestrians and bicyclists are hit as well. If someone else caused the accident, you deserve to be compensated for your injuries.
People in Farmington place their utmost trust in their medical professionals, including doctors, surgeons, and nurses. They expect these skilled healthcare providers to treat their symptoms and medical conditions, not harm them. Unfortunately, mistakes occur. If you were misdiagnosed, experienced a surgical error, or were given the wrong medication, you could have been a victim of medical malpractice. Medical malpractice litigation is complicated and challenging. However, an experienced Farmington, AR medical malpractice attorney will fight for your rights.
Slip and Fall Accidents
On average, slip and fall accidents account for the highest number of emergency room cases. These types of injuries are common, especially in the workplace. If you fall on public or private, you have rights if the property owner or manager failed to maintain or repair their property. Even though slipping and falling might not seem that bad, these accidents could result in permanent brain damage or paralysis.
Slip and fall cases and premises liability claims often go hand-in-hand. Property owners, managers, and landlords owe their guests and invitees an obligation to keep them free from harm. In a premises liability case a plaintiff will have to prove that someone failed to care for the property in such a way that resulted in the harm. When someone is injured by a known or preventable hazard, the property owner or manager could be held liable.
Not every injury is caused by another person. Sometimes the products and tools we rely on to make our lives easier malfunction or are defective. When these defects cause an injury, the manufacturer could be held accountable for any damages. Sometimes, a products liability claim will arise from another personal injury. For example, you could be in a car accident where your airbag fails to deploy. Under these circumstances, you could have a claim against the other driver and the manufacturer of the car or part. Products liability claims could arise from manufacturing errors, design flaws, or inadequate warning labels.
Sometimes, an injury will be fatal. When someone dies because of the malice or neligence of another, you could have the right to file a wrongful death claim. For instance, if you lost a family memeber due to a surgical error, you could have a wrongful death claim against the surgeon or hospital. The complexity of a wrongful death claim depends on the circumstances surrounding the injury and death.
Proving Liability in a Farmington, AR Personal Injury Case
Liability is a legal term referring to holding an at-fault party accountable for the damages and injuries they cause. To be held liable, the at-fault party must have acted negligently.
To understand negligence, imagine what a reasonable person would do under the same circumstances. If a person’s conduct deviates from the choices of a prudent and rational individual, their behavior could be construed as negligent. For example, if it is late at night and raining, a reasonable driver would turn on their headlights and windshield wipers. If someone is driving under those same conditions without lights or wipers, their conduct is likely negligent. This concept becomes more complicated when you attempt to define “reasonable behavior” narrowly. Turning to the previous example, one person could be traveling at the speed limit and another could haven been driving slower because of the weather conditions. Proving that one of the two choices is unreasonable could be challenging.
Additionally, the defendant must have had an obligation not to have harmed the injured plaintiff. This concept is known as the duty of care. The legal obligation someone owes someone else depends on their relationship and the facts of the case. In a car accident claim, every motorist in Farmington owes everyone else a duty to operate their vehicle safely, not causing anyone harm. Driving without lights during a nighttime rainstorm is a violation of this obligation.
The defendant’s actions must have caused the injury. In a car accident case, this might not be that difficult to prove. If you suffered whiplash after being rear-ended while stopped at a red light, then it is likely that the other driver’s behavior caused the injury. However, many cases are not as cut and dry, for instance, when multiple vehicles are involved. Medical malpractice cases are also challenging to establish that the error caused the harm, especially when a positive outcome is never guaranteed. A skilled Farmington personal injury attorney will use all available evidence to build a compelling case.
Our Farmington, AR Personal Injury Lawyer Can Help You
No two personal injury cases are the same. Our Farmington, AR lawyers have the staff and resources to handle each case, constructing a legal strategy based on the circumstances and evidence. Ken Kieklak, Attorney at Law, understands that every client is unique and provides each the professional representation they need and deserve. Call (479) 316-0438 to schedule a free appointment.