Serving clients in Fayetteville and all of NW Arkansas
Many injuries only occur because someone involved in the accident failed to use the proper care or skill to keep you safe. Due to our relations and interactions with others, we often have a duty to keep them safe and act to protect them from harm. This is especially clear with regard to traffic laws intended to keep others safe or a doctor’s duty of care to keep a patient from further harm. When people fail to follow these duties, people can be seriously injured or killed.
Harris, Arkansas personal injury lawyer Ken Kieklak may be able to help if you were injured because of someone else’s carelessness or negligence. To schedule a free legal consultation on your injury case, call our law offices today at (479) 316-0438.
Suing for Injuries in Harris, AR
Whenever you are injured in an accident caused by someone else’s negligence, you may be entitled to sue them in court for the injuries sustained. In many cases, there may be insurance available to file a claim against, such as auto insurance, business liability insurance, or medical malpractice insurance. However, most insurance policies do not cover the full value of your damages, and you may be better off filing a lawsuit to cover your damages.
To win a lawsuit for your injuries, you must prove what the defendant did wrong to cause your injuries. Generally, people have a duty not to intentionally injure each other, but they do not owe them other duties unless there is some relationship between the victim and the defendant. This duty is imparted in many situations and takes a different form depending on the specific circumstances at hand. The following are all examples of duties someone might owe you:
- A driver owes other drivers a duty to drive reasonably and avoid accidents.
- Your doctor owes patients a duty a provide reasonable medical care.
- A product manufacturer owes purchasers a duty to carefully design and manufacture a product and to warn of potential dangers.
- A property owner owes guests a duty to clean up or repair hidden dangers or to warn guests about the danger.
If the defendant fails to use the proper care or skill to uphold that duty and you are injured because of it, you may recover damages for the injuries and other harms their negligence causes you.
The damages you can recover in a lawsuit typically include medical expenses, lost wages, and pain and suffering. These damages can be proven by producing medical bills, financial records, pay stubs, and other documentation of the costs you faced because of the injuries. Evidence of intangible injuries like pain and suffering can include your testimony about how the injury affected you and impacted your life.
If you can prove all of these elements, you may be entitled to payments to cover the damages you proved. Typically, this means convincing a jury, not the judge, that it is more likely than not that your claim is true and that the defendant was responsible for your injuries.
Common Types of Injury Cases
People can be injured in many ways, but the types of injury cases are typically grouped together into various categories of personal injury cases. Our injury lawyer handles cases in these categories, as well as unique cases or cases that fall between categories.
Car accidents are one of the most common types of injury cases. People are hurt and killed in thousands of car accidents each year in Arkansas alone, and working with a lawyer may be vital to getting the full damages you are entitled to. In addition to car accidents, other auto accidents such as truck accident, bike accidents, and pedestrian accidents could lead to a lawsuit
Cases where victims are injured because of dangers on someone else’s property are typically categorized as “premises liability” cases. The most common of these cases are slip and fall or trip and fall cases where someone fell down because of a dangerous puddle, uneven surface, ice or snow, loose cables, or other dangers on the owner’s property. This could also include cases with injuries from sharp objects, fires, electrical hazards, and other property defects.
Medical malpractice and medical negligence cases account for another broad category of injuries. This could cover injuries and damages from misdiagnosis, delayed diagnosis, birth injuries, surgical errors, and other medical errors or hospital negligence.
Products liability cases cover injuries from negligent product manufacturing. These injuries could occur because the manufacturer used a patently dangerous design, because of errors in the manufacturing process that made the product dangerous, or because a dangerous product did not carry sufficient warning of its risks. These injuries could occur from tools and appliances, but product injury cases also cover auto defect injuries, pharmaceutical injuries, and medical device injuries.
Injury cases dealing with specific types of injuries are also a common way to classify personal injury cases. For instance, our injury lawyer handles cases dealing with any of the following types of injuries, regardless of how the injury occurred:
- Traumatic brain injury
- Back and spine injuries
- Neck injuries and whiplash injuries
- Broken bones
- Drowning injuries
- Burns and chemical burns
Call Our Harris Injury Attorney for a Free Legal Consultation
For help with your injury case, contact our Harris, Arkansas personal injury lawyer today. Ken Kieklak, Attorney at Law, works to get injury victims the compensation they need after serious accidents and injuries, and he can fight to help you and your family recover from avoidable injuries by working to maximize the compensation you receive. For a free legal consultation on your case, contact our law offices today at (479) 316-0438.