While many of us think that a serious injury will not happen to us, the unfortunate fact about life is that injury can happen to anyone at any time. While injuries that we cause to ourselves can be painful, we can accept them more easily because they were our own fault. However, injuries caused by another person’s carelessness or recklessness can be extremely difficult to cope with.
When someone is unexpectedly injured, they experience many different adverse effects. Medical treatment and physical recovery are often painful and expensive. Additionally, a severe injury could result in days, weeks, or months of missed work. If another party’s negligence caused your injury, our Rogers, AR personal injury lawyer is there to help you deal with insurance companies or hold the responsible party liable in court. Contact Ken Kieklak, Attorney at Law, at (479) 316-0438 to discuss your legal options during a free consultation.
Damages Available in a Personal Injury Lawsuit in Rogers, AR
While the exact amount of potential damages will depend on the injury, circumstance and many other factors, there are certain types of injuries that are typically available in personal injury lawsuits. The category of these damages is typically termed compensatory damages. Compensatory damages are further split into economic and non-economic damages.
Economic damages are simply the financial losses you suffered because of your injury. An obvious example of monetary damages are your medical expenses, including co-pays, deductibles, medication costs, and even parking and travel expenses to and from doctor’s appointments. If your injury was severe enough to keep you out of work, you are also entitled to recover your lost wages. Lost wages are not limited to the time you missed when you were recovering from your injury or were receiving medical treatment. Depending on the length of your recovery and the severity of your injuries, you could be award compensation for lost future earning capacity.
A common phrase people hear when discussing personal injury lawsuits is “pain and suffering.” Unlike your economic damages, you will not have receipts or bills to prove the amount of pain and suffering you experienced because of your injury. Nonetheless, you are entitled to seek compensation for these and other intangible non-economic damages. Our Rogers personal injury lawyer will work closely with you, your family, friends, and healthcare providers to evaluate conditions such as anxiety, mental anguish, emotional distress, and loss of enjoyment of life.
In addition to compensatory damages related to your injury, a court could award punitive damages if the defendant’s conduct was grossly negligent, malicious, or intentional. Unlike damages directly connected to the severity and impact of your injury, punitive damages are awarded to punish a defendant and deter any future conduct. These types of damages are rare but could be significant.
The foregoing is only a selection of the types of damages you may recover following a severe injury caused by another person. Consulting with an experienced personal injury attorney can provide insight into the types and amounts of damages you may be entitled to,
Time Limits on Rogers, Arkansas Personal Injury Lawsuits
Yes, there is a statute of limitations that applies to personal injury actions in the state of Arkansas. The time limit for you to bring a personal injury lawsuit is three years from the date of the injury. A statute of limitations is imposed because it encourages people to bring their claims against another person or business or lose them. This mechanism to encourage people to come forward contemporaneously serves to increase the likelihood that matters are decided before evidence is lost or destroyed and memories of the events fade. Furthermore, limiting the time period the suit can be brought during ensures that liability is limited and does not exist in perpetuity.
Types of Cases Our Rogers Personal Injury Attorney Handles
Ken Kieklak can address a broad array of accidents, injuries, and litigation. While there are some common factors present in nearly every personal injury case, the type of accident will significantly impact how a case is handled. For example, our Rogers personal injury attorney will have to approach a car accident case very differently than a medical malpractice claim. Below are just a few of the types of cases our office untaken over the last couple of decades.
Automotive Vehicle Accidents
Unfortunately, car accidents are a part of life. Luckily, in many cases, these are minor inconveniences and fender-benders. However, if you were seriously injured in a car accident, you should be compensated for your injuries. Automotive vehicle accidents in Rogers are not limited to cars. People throughout the area are hurt in motorcycle, truck, and bus accidents. In some cases, the injured victim is a defenseless pedestrian.
Slip and Fall Accidents
Probably the most common type of accident that results in a civil lawsuit is a slip and fall. While many people lose their balance and do not suffer a serious injury, some do. Property owners have a legal responsibility to ensure their properties are free from known hazardous. Depending on the circumstances surrounding your fall and injury, a building owner, manager, landlord, and even a homeowner could be held liable for your damages.
Some of the most devastating injuries and complicated ligation arise from medical malpractice cases. Some negligent conduct is evident, such as leaving a surgical tool behind after a procedure. However, because medical complications are not unforeseen, proving medical malpractice is challenging. You need an experienced Arkansas medical malpractice attorney representing you or your loved one.
People in Rogers, AR expect the products they purchase to function the way they are intended. If something is broken, a dissatisfied consumer usually has the option of exchanging the product or receiving a refund. However, when a product is defective and causes an injury, you could have the right to sue the manufacturer or another party in the chain of distribution.
Types of Injuries in Rogers, Arkansas
The only list longer than the type of cases our office handles is the list of the types of injuries our clients have suffered. Below is just a partial list of the kinds of injuries we have worked with in the past.
- Broken or fractured bones
- Traumatic brain injuries (TBI)
- Neck injuries
- Back injuries
- Injuries due to a medical device
- Severe burns
- Loss of sight or hearing due to injury
- Mistaken amputation of a body part
- Loss of limb
Unfortunately, the foregoing injuries and conditions can occur in an accident of any type. For instance, even a relatively simple and straightforward slip and fall accident can result in serious consequences.
Car, commercial truck, motorcycle accidents are also responsible for a significant number of severe injuries and wrongful deaths. While most people may consider an accident to be the sole source of automotive injuries, the GM ignition switch recall and Takata exploding airbags show that a manufacturing or design defect can also be the cause of highway injuries.
Proving Negligence in a Rogers, AR Personal Injury Lawsuit
If you want to be awarded compensation through a personal injury claim, you will have to establish that another party was negligent. While negligence does infer reckless or carelessness, it also has a legal meaning in a lawsuit. While the path to proving negligence will depend on the type of accident or injury, four factors must be shown in nearly every case.
The defendant must have owed the plaintiff a duty of care. This is a legal obligation imposed on the defendant to act in a way to keep the plaintiff free from harm. The exact duty depends on the relationship between the parties involved in the case. For example, a driver who caused an accident owes the injured party a different duty of care than a store owner owes to someone shopping.
Next, the plaintiff must prove that the defendant breached their duty. To understand this concept, you need to ask what a reasonable person would do under similar circumstances. Again, this question will be tailored to the appropriate parties. For example, in a medical malpractice case, a doctor’s conduct will be compared to the conduct of a similarly trained medical professional who practices in the same field.
Once a plaintiff established that a breach occurred, the conduct must be shown to have caused the injury. This is commonly known as causation and, in many cases, it is not difficult to prove. However, there are times when demonstrating a link between the negligent conduct and the injury is challenging, especially in medical malpractice cases where positive outcomes are never guaranteed.
Finally, a plaintiff must show that they suffered actual harm or damages. Damages could range from bills for emergency care to lost hours at work. If you suffered a serious injury, then you have incurred quantifiable damages.
Our Rogers Personal Injury Attorneys Can Help You
If you have suffered a serious injury because of another person’s recklessness or carelessness, Ken Kieklak can fight to hold them accountable for your injuries. For more than 20 years, Ken Kieklak has been dedicated to hard-working Arkansans. To schedule your free and confidential personal injury consultation, call (479) 316-0438 or contact us online.