Serving clients in Fayetteville and all of NW Arkansas
You are a careful and contentious person. You realize that the actions you take can have profound and life-altering impacts on your fellow northwest Arkansans. This idea and level of common respect for others is especially pronounced when it comes to certain riskier activities and other areas where people would expect you to protect them from known dangerous conditions and defects. However, all too often people act in ways that does not respect other’s right to be free from injuries and damages recklessly or intentionally inflicted. People who fail to maintain their property, those who drive recklessly, or sell products with known safety problems are all examples of people who attempt to impose the costs of their behavior onto their victims.
Ken Kieklak, Attorney at Law believes that no victim of careless, reckless, or intentional behavior should be forced to subsidize such acts through the payment of medical expenses and the loss of wages and future earning potential. Ken Kieklak is dedicated to holding careless individuals financially accountable for the catastrophic consequences their actions can cause. To schedule a free personal injury consultation for your injury that occurred in Washington County, Arkansas call 479-439-1843 today or contact us online.
What Potential Damages Exist in My Case?
A lawyer cannot assess the exact damages that will be available in any particular case without first analyzing the unique factors, circumstances, and consequences of the particular injury event. However, the most common type of damages that are awarded in successful personal injury actions are known as compensatory damages. Compensatory damages includes many of the types of losses discussed, in brief, above. Compensatory damages can include things like lost wages due to having to take time off from work, lost future earning potential, hospital bills, doctors bills, bills for medical tests, property damage, and more. In cases generally involving reckless or intentional actions, punitive damages may be imposed. Punitive damages are intended to punish the perpetrator of particularly egregious behavior and to send a message to others that this type of behavior is far outside of acceptable bounds. In some limited circumstances where a wrongful act was committed but few damages resulted, nominal damages may be award.
When Can I Bring a Personal Injury Lawsuit in Arkansas?
The first requirement for bringing a personal injury lawsuit in Arkansas is that you have suffered an injury and the injury was the fault of at least one person or entity. However, those who have suffered an injury should be prepared to take swift action because the statute of limitations can bar your lawsuit if you wait too long to file. Victims of a catastrophic injury are more likely to find a favorable resolution if they move quickly – but not rashly — to handle their matter.
Statutes of limitation are in effect for most causes of action – things you can sue another party for – in Arkansas. The intent of a statute of limitation is to encourage parties to address and settle claims while they are still relatively contemporaneous. Over time our memories fade and evidence can be lost or destroyed. The statute of limitations works to increase the likelihood that decisions are made based on complete and sound evidence. Furthermore the statute of limitations allows parties to move on from past events as liability is extinguished after a certain period of time. In Arkansas, the statute of limitations is typically 3 years.
In very limited circumstances there may be an expectation to the three year limit on your time to bring suit. This exception is known as the discovery rule. The discovery rule operates to remove some of the unfairness that would be present if an injury victim did not discover the injury or the source of the injury until the three years had already elapsed. Normally, he or she would be unable to recover due to being time-barred, however for injuries that were concealed – like a sponge left inside the body during surgery – the discovery rule would still allow a suit to be brought. Once again, it is essential to note that this is an exception to the general rules on time limits to file and one should never rely on narrowly crafted exceptions.
Rely on Washington County, Arkansas Personal Injury Lawyer Ken Kieklak
For more than 20 years, Ken Kieklak has fought for people seriously injured due to another person’s negligent or intentional actions. Ken fights aggressively and strategically for his clients. To schedule a free and confidential consultation, call us at 479-439-1843 today or contact us online.
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