As an Arkansas victim, it’s important to learn whether or not you can bring a compensation claim against the person that caused your injuries. If an at-fault party acted negligently, the answer is most likely yes. But what’s considered negligence in Arkansas?
Any action or inaction outside of a person’s responsibility to another that results in damages can be considered negligence in Arkansas. For example, doctors who fail to treat patients and drivers who fail to heed traffic laws and cause an accident can be considered negligent in Arkansas. When negligence is present, victims can file a lawsuit against an at-fault party for compensation. To be successful, victims and their personal injury lawyers must demonstrate negligence by proving four elements: duty, breach, causation, and damages. In doing so, victims can recover compensatory damages against a negligent party in Arkansas.
Our attorneys are dedicated to helping victims throughout Arkansas hold negligent parties accountable. For a free case evaluation with our Arkansas personal injury lawyers, call today at (479) 316-0438.
How is Negligence Defined in Arkansas?
If you recently sustained injuries due to another person’s actions, it’s important to identify whether or not they acted negligently. To do so, you must first learn the definition of negligence in Arkansas.
In Arkansas, negligence is understood as any action or inaction that’s outside the realm of responsibility owed to another person. This can be difficult to comprehend, especially since negligence, as a concept, can be so broad. Essentially, in most situations, a person owes another a duty of care. Drivers on the road owe it to other drivers and doctors owe it to their patients. If a person acts out of accordance with an owed duty of care, resulting in damages, their actions can be considered negligent in Arkansas.
Determining negligence is the foundation of most personal injury claims in Arkansas. Unless a defendant intended to harm you, they were likely acting negligently when they caused your injuries. Without negligence, many personal injury claims do not exist.
Just because another person was involved in an accident that caused your injuries does not mean that they acted negligently or contributed to your damages in any way. Identifying negligence can be difficult, as Arkansas victims may be unsure who did what and when. If you are unsure whether another person acted negligently, causing your injuries, speak to an Arkansas personal injury lawyer.
When discussing negligence in Arkansas, it is important to touch on the state’s comparative negligence laws. Arkansas is a modified comparative fault state. This means that if a victim is found to be 50% at fault for their injuries, they will be barred from recovering compensation of any kind. Multiple parties can have acted negligently, contributing to a victim’s injuries, including the victim. An experienced attorney can inform you of Arkansas’s comparative negligence laws and correctly attribute negligence to all at-fault parties.
What Are Common Examples of Negligence in Arkansas?
Understanding negligence and how it relates to your specific case can be difficult. Because of that, Arkansas victims can benefit from learning about common examples of negligence that often lead to personal injury lawsuits.
People, institutions, and companies commonly act negligently in Arkansas, causing injuries to victims. Remember, any time a person acts outside of their owed duty of care to another, they can be considered negligent. One of the biggest ways that this can manifest is in car accidents. Any action not in line with Arkansas traffic laws that also results in an accident can constitute negligence.
Landlords that fail to maintain their properties can be considered negligent and financially liable for certain injuries tenants sustain. Doctors and hospitals that improperly diagnose or treat patients can be considered negligent, as can manufacturers that fail to inform customers of defective or dangerous products.
If another person’s actions caused your injuries, it’s likely that they acted negligently. If you’re unsure whether or not that’s true for your specific case, ask a Fayetteville personal injury lawyer. Your attorney can assess an incident to determine whether or not an at-fault party acted negligently, causing your damages. If negligence is involved, you can likely file a compensation claim in Arkansas
How Do You Prove Negligence in an Arkansas Lawsuit?
Proving negligence in an Arkansas personal injury lawsuit is necessary for victims to recover the compensatory damages they deserve. In order to successfully demonstrate a defendant’s negligence, your attorney must prove four elements: duty, breach, causation, and damages.
Knowing that an at-fault party acted negligently is not enough. Springdale personal injury lawyers must actually prove a defendant’s negligence in a lawsuit. The following four elements must be present for a defendant’s negligence to be proven in Arkansas:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care owed to the plaintiff
- The defendant’s breach of duty of care caused the plaintiff’s injuries
- The plaintiff suffered real damages
Without these four elements, duty, one cannot prove negligence in a personal injury claim in Arkansas. That means victims cannot recover compensatory damages, economic or non-economic, without proving a defendant’s negligence.
To do so, your attorney will compile all available evidence and documentation that supports your compensation claim. An experienced Arkansas personal injury lawyer will know to refer to police reports, eyewitness statements, medical records, security camera footage, and other evidence to ultimately prove a defendant’s negligence.
Because proving negligence is foundational to any successful personal injury claim, it is crucial that victims hire an experienced lawyer. Failure to understand the four elements necessary to prove negligence can cause victims to lose their access to compensatory damages in Arkansas.
Our Arkansas Attorneys Can Help You Hold a Negligent Party Accountable
If you’re unsure whether or not a person acted negligently, causing your injuries, ask our attorneys. For a free case evaluation with our Rogers personal injury lawyers, call today at (479) 316-0438.
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