Accidents can happen at any time. Nothing can really prepare you for a severe car accident, a slip and fall, or medical malpractice. Unfortunately, these things happen to many people across Fort Smith, Arkansas every day. While you cannot prepare for injuries, you can fight for compensation to cover all of your losses and damages after you face serious injuries. Our Fort Smith, AR personal injury lawyers can help you fight for the compensation you deserve.
Ken Kieklak, Attorney at Law, has been representing injured victims in Fort Smith for decades. We know how challenging dealing with your losses can be, which is why we dedicate all of our efforts to getting compensation for your medical bills, lost wages, and pain and suffering. To learn more about our legal services, call Ken Kieklak today at (479) 316-0438.
Filing a Personal Injury Claim in Fort Smith, Arkansas
If you were injured due to another person’s negligence, you can file a personal injury claim and fight for compensation. However, to prove your claim successfully and get the compensation you deserve, your case must meet specific requirements. It is critical to understand that you – “the plaintiff” – have the burden of proving the defendant’s negligence in court. With your Fort Smith, AR personal injury lawyer’s assistance, you may be able to prove the following elements in your claim:
This “duty” refers to the legal obligations placed upon various people in society. For example, all drivers must follow traffic laws to make sure they are not putting their lives and the lives of others at risk while operating their cars. You can provide the court with evidence showing what duty the defendant owed you depending on the relationship between you and the person who injured you. For example, another driver has the duty to drive as another driver of reasonable prudence would, as well as a duty to follow traffic laws. A property owner has a duty to keep their property reasonably safe, your doctor has a duty to follow medical standards for the care they give you, and other people also must follow other legal duties and obligations to keep others safe.
A breach of duty occurs when a person fails to adhere to these objective standards based on reasonable prudence. Following the previous example, a breach of duty can happen if a driver fails to stop at a red light as legally required, putting other drivers in danger. With your Fort Smith personal injury lawyer’s assistance, you should be able to provide the court with evidence showing the defendant failed to uphold their legal duty and that they should be responsible for any harm that resulted from the breach of duty.
Causation is often the most challenging element to prove in your claim. This third element requires you to show that the defendant’s breach of duty actually caused your injuries and losses. Establishing causation requires providing the court with evidence clearly showing that you wouldn’t have suffered harm but for the defendant’s negligent actions or omissions and that the negligence was closely linked to causing your injuries. For example, the fact that the injury would not have occurred if the defendant’s mother never gave birth to them does not make the mother at fault – but the fact that the driver ran a red light and immediately crashed into you certainly does make them responsible.
Once you have proven the defendant’s breach of duty caused your accident and subsequent injuries, you need to provide the court with tangible evidence showing your damages. You can achieve this by presenting your medical records and bills, lost wages, and pain and suffering.
Common Personal Injury Cases Our Fort Smith, AR Attorneys Handle
Many circumstances can give rise to personal injury cases. Situations involving negligence can happen at any moment and time without prior notice. If you or a loved one was injured due to someone else’s negligence, you should contact an experienced Fort Smith personal injury attorney. Ken Kieklak, Attorney at Law, can handle many different types of personal injury claims in Fort Smith, Arkansas, including the following:
When you visit a doctor, you expect to receive nothing but the best care from a trained professional. Unfortunately, this may not happen. Over the years, thousands of innocent patients are injured each year due to medical negligence and malpractice. Some of the most common examples of medical malpractice include misdiagnosis, anesthesia errors, and surgical errors. If a negligent doctor injured you or a loved one in Fort Smith, AR, our personal injury attorneys can help.
As a consumer, you’d expect all products you purchase to be safe. After all, there are protocols and laws in place to ensure that any products that reach market are safe for consumers. Sadly, every year, thousands of people are injured or lose their lives due to defective, dangerous products. Product designers and manufacturers have obligations to make sure their products are safe. However, not all manufacturers abide by safety rules, often exposing their consumers to danger. If you were injured by a defective product in Fort Smith, we can help.
Nothing can be more painful and overwhelming than losing a loved one due to another person’s negligent actions. Sadly, thousands of innocent people die every year in accidents caused by negligent, careless, or reckless individuals. While no amount of money can replace your loved one, compensation can help you during your recovery. Our team of personal injury lawyers will handle your case compassionately, yet aggressively, to bring those responsible for your loved one’s death to justice and get you the compensation your family needs to move forward.
How Can I Get Compensated for My Personal Injury Claim in Fort Smith?
Many victims filing personal injury claims wonder how much compensation they can expect from their case. It is essential to understand all personal injury cases are different and that the value the court may assign to each case will change depending on the facts, how much damage was caused, and whether the victim shared liability. Our Fort Smith, AR personal injury lawyers will work to maximize the compensation you can expect from your case and help you get what you need to deal with the medical bills, lost wages, pain and suffering, and other effects of an injury.
If You Were Injured, Contact Our Fort Smith Personal Injury Lawyer for a Free Consultation
If you or a loved one was injured by another person’s negligence, we can help. For decades, our Fort Smith, AR personal injury lawyer has proudly helped thousands of injured people fight for financial compensation. We understand all you want is to get better and go back to your everyday life. We can fight for you, working to hold the liable parties accountable for your damages. To learn more about our services in a free, confidential consultation, call Ken Kieklak, Attorney at Law today. Our phone number is (479) 316-0438.