When a person is injured because they were a victim of an accident, many times their best option to recover sufficient damages is to file a personal injury lawsuit. Whether you are a resident of Fort Smith, Arkansas, or you were injured while visiting the city, undertaking this legal battle alone could cause more harm than good. Contact a Fort Smith personal injury lawyer to talk about your case.
Gunn Kieklak Dennis, LLP, has given decades of legal service to accident victims and our legal team looks forward to representing you. To arrange a date for a confidential consultation, call us at (479) 439-9840 or use our online submission form.
Types of Fort Smith Personal Injury Cases
A personal injury case could derive from a plethora of unfortunate circumstances. A victim could simply be enjoying their day before they are involved in an accident that changes their life. Our firm has experience handling a wide array of injury cases for victims injured in Fort Smith, Arkansas. Here are a few of the many types of personal injury lawsuits we can handle for you.
Premises Liability Claims
When venturing onto the property of another, you would hope that the land will be maintained properly, especially if you were specifically invited onto the premises. Private residences and places that are open to the public should not contain hazards that could injure a visitor. For example, a store parking lot should be well-lit to avoid accidents or the possibility of an increase in criminal activity.
A victim who sustained injuries on the property should talk to a Fort Smith personal injury lawyer.
Medical Malpractice
Choosing a medical practitioner that you trust to diagnose your illnesses and treat your injuries is important. However, a patient cannot reasonably foresee when their doctor will make a mistake that will severely impact them. For instance, leaving a foreign object inside a patient is an unacceptable mistake that a patient should be compensated for. Medical malpractice could also result from the following circumstances:
- Misdiagnosing a patient
- Prescribing medication that injures a patient or causes a serious reaction
- Causing a birth injury to a mother or a child
- Prescribing the incorrect dose for anesthesia
- Surgical errors
Uber and Lyft Accidents
Uber and Lyft accidents occur more frequently than you may believe. When a person is injured in an accident involving a rideshare driver, it may be difficult to secure compensation depending on the details of the accident. Gunn Kieklak Dennis, LLP, has seen a fair share of Uber and Lyft accidents and we are experienced in helping our clients navigate their options for compensation after a rideshare accident.
These are just three types of personal injury claims that our firm could manage for you. Call a Fort Smith personal injury lawyer today if you are interested in filing a lawsuit.
Showing Negligence in a Fort Smith Personal Injury Lawsuit
A large portion of personal injury cases requires the victim to prove how the defendant’s negligence led to their injuries. In order to prove this, the victim will need to present evidence that could demonstrate the following elements:
- The defendant had a legal duty to the victim
- This legal duty was not upheld by the defendant
- The victim was injured as a result
- The breach was the proximate cause of the victim’s injury
There are many types of evidence that you could supply to support these elements. You could use witness testimony from a person that observed the accident, or you could also present photos of the injuries you had after the accident. Our firm could help you gather evidence that will be vital in proving negligence in your case, just call our Fort Smith personal injury attorney today.
Recovering Damages in a Personal Injury Case in Fort Smith
After showing that a defendant was negligent and caused your injuries, you will be able to claim damages in your case. However, the number of damages awarded to a plaintiff will vary depending on the rules of the State of Arkansas.
Arkansas uses the modified comparative negligence rule for assigning fault in a case regarding injuries caused by negligence. In a modified comparative negligence state, the plaintiff and defendant will be given a percentage of fault depending on their contribution to the accident in question. For example, texting while driving would increase your fault for a car crash.
The level of fault given to a plaintiff will reduce their damages accordingly. A victim that is awarded $100,000 in damages and found to be 10% at fault will only receive $90,000. Arkansas also uses the 50% rule for barring recovery. The 50% rule states that a plaintiff will be barred from receiving damages if they are at least 50% responsible for the accident. This also means that a plaintiff could be found 49.99% responsible and still receive compensation from the defendant.
While you could still recover damages at 49% fault, it would be in your best interest to gather evidence that will show you that you were innocent in terms of fault. Contact a Fort Smith personal injury lawyer for more information about the modified comparative negligence rule.
Contact a Fort Smith Personal Injury Lawyer Today
If you were injured due to the actions of a negligent person, speak with a Fort Smith personal injury lawyer today. We at Gunn Kieklak Dennis, LLP, are committed to litigating for compensation for injuries you sustained in a serious accident. Call (479) 439-9840 today for your consultation.