If you were hurt because of another’s negligence, you could be facing months of painful recovery, lost income, and high medical bills. Even if you have insurance, the costs could far exceed your healthcare benefits, especially if you are out of work for a significant period. The party that caused you injury should be held accountable.
Our experienced Madison County, AR personal injury lawyer understands that unexpected and preventable injuries impact people in all walks of life. Injuries keep people out of work and could make every day a painful experience. Ken Kieklak, Attorney at Law, wants to hold liable parties financially accountable for the harm they caused. If you were injured and want to review your legal options, call our office at (479) 316-0438.
Personal Injury Lawsuits in Madison County
Personal injury lawsuits are filed in Madison County for a variety of injuries. How our experienced Madison County personal injury attorney approaches a case will depend on how the injury occurred and the surrounding circumstances. A lawsuit arising from a drunk driving accident will be handled differently than if you acquired a life-threatening infection after a surgical instrument was left inside your body. Some of the more common types of cases we file lawsuits for are listed below.
Motor Vehicle Accidents
Unfortunately, car accidents are a common occurrence throughout Madison County. Luckily, most accidents only result in some damage to the vehicles involved. However, if you are injured because of another driver’s negligent or careless conduct, you are entitled to seek compensation. When a truck or motorcycle is involved in an accident, the sustained injuries are often much more severe. In some cases, accidents are caused by defects in the vehicle or the road surface, meaning that the manufacturer or municipality could share liability. Our Madison County personal injury attorney will carefully examine your case’s facts to determine what parties could be held accountable.
Slip and Fall Accidents
The most common type of personal injury case is a slip and fall claim. Property owners and managers have a legal obligation to keep their properties reasonably free of dangerous hazards. If you slip and fall in your office building because a carpet is torn, then the building manager could be held responsible for any harm you suffered. However, determining financial liability after a slip and fall accident depends on the parties’ relationship. Homeowners have a separate duty to guests than a store owner has to the people they invite onto their property to shop. Someone who is trespassing has significantly less claim to compensation if they are injured.
When a doctor or other medical professional’s treatment or conduct falls below the appropriate standard of medical care and a patient is harmed, their behavior could constitute medical malpractice. Medical malpractice claims are often the most challenging personal injury cases. A poor or even fatal result is not necessarily evidence of medical malpractice. Our office will turn to medical experts and other evidence to try and show that the mistakes or decisions made were especially egregious.
The Role of Negligence in Madison County Personal Injury Lawsuits
In most personal injury lawsuits, the plaintiff must establish that their injury resulted from another’s negligence. Legally, negligence is more than just carelessness or recklessness. To prove that negligence existed, our skilled Madison County personal injury lawyer will have to demonstrate four elements: duty of care, breach, causation, and damages.
Duty of Care
In a personal injury case, duty of care refers to the responsibility or obligation one person or party has to another to keep them reasonably safe from harm. What the exact obligation is depends on the relationship of the parties involved. A motorist in Madison County has a duty to operate their car with reasonable care. This means that when driving, they take certain factors such as traffic density, weather conditions, and visibility into consideration. This obligation also requires a driver to obey the rules of the road, including complying with the speed limit, traffic signs, and not driving while under the influence of drugs or alcohol.
In most slip and fall cases, the owner of the property or manager has a responsibility to keep the property free of known hazards. Part of this duty requires reasonable inspections of the property and addressing any unsafe conditions promptly.
Breach of Duty and Causation
Once the obligation or duty a defendant owed the plaintiff is established, our Arkansas personal injury attorney will have to demonstrate how the defendant violated, or breached, their duty. Once again, this will depend on the circumstances and the exact duty that was owed. In a car accident case, our office might establish a breach by showing that the defendant violated a traffic law. In a slip and fall accident, witness testimony could be used to prove that a spill was not cleaned up in a reasonable amount of time. In many cases, proving a breach of duty is the most challenging part of the four negligence elements.
Bad behavior does not mean that a defendant is on the financial hook for any injuries. After establishing that a breach occurred, the plaintiff must show that the defendant’s conduct caused the harm. In some situations, this is not difficult. However, in others, there could be intervening circumstances, including the plaintiff’s own actions, that could have also contributed to the injury.
Damages Available in a Madison County Personal Injury Case
The final element necessary to establish negligence is quantifiable damages. Damages is a legal term relating to the financial harm you suffered because of the injury. If you were in a car accident but walked away without a scratch, then you probably do not have all the required elements to prevail in a personal injury lawsuit. However, if you received any medical care, lost time at work, or even were unable to sleep, you have suffered damages. In a Madison County personal injury case, damages are typically broken down into economic damages and non-economic damages.
Economic damages are financial losses, including medical bills, lost wages, and other out-of-pocket expenses related to your injury. On the other hand, non-economic damages refer to the intangible harm, including physical pain, emotional distress, and anxiety, that you experienced because of the injury. Our office will work closely with you and other experts to calculate your appropriate compensation.
Call Our Madison County, AR Personal Injury Lawyer for a Free Consultation
Injuries impact individuals’ ability to work, care for their families, and enjoy their lives. If another party’s negligence caused your injury, you have the right to seek financial compensation. Ken Kieklak is a Madison County, AR personal injury lawyer who works hard for injured people and their families. Recovering from an injury should be your first responsibility. Let our office fight for your legal rights. Call (479) 316-0438 to schedule a free appointment.