Fayetteville, AR Personal Injury Lawyer
A serious accident can result in a catastrophic and life-altering injury. An injury like this is difficult to handle if you discover that you were injured due to the carelessness or negligence of another person. You should not have to feel burdened with pain, loss of enjoyment in your favorite activities, and expensive medical bills because of another person’s thoughtless actions. If you or a family member was injured due to the negligent acts of another individual, you should consult with an experienced Fayetteville personal injury lawyer today.
The accident lawyers at Gunn Kieklak Dennis, LLP possess extensive experience dealing with a variety of personal injury claims. We will listen to your legal issue and help you develop a legal strategy to pursue the compensation that you deserve for your injuries. To schedule a confidential legal consultation to discuss your potential case, call Gunn Kieklak Dennis, LLP at (479) 439-9840, or contact us online.
Common Types of Personal Injury Claims
Personal injury is a broad area of law that encompasses several types of cases from car accidents to slip and falls. The circumstances of the accident will typically determine the severity of the injury that a person receives. For example, a side-impact car accident can result in cuts and other lacerations due to a window shattering during the accident.
As to be expected, some personal injury claims are filed more frequently than others. The following is a list of common personal injury cases that are often litigated.
Traveling on local roads and highways always carries a risk of being in an accident. This risk is further increased if there are motorists on the road who are distracted by their cellphones or driving under the influence of drugs or alcohol. Another risk that a driver should be aware of is being involved in an accident with a commercial vehicle. Many 18-wheelers and other commercial vehicles weigh several tons more than a passenger vehicle and are more likely to cause a fatal injury.
As mentioned, the circumstances of a vehicle collision often correlate to the type of injury that a victim sustains. For example, if you are involved in a rear-end car crash, there is a good chance that you may suffer whiplash. This is an injury that occurs when the head and neck swing forward rapidly and snap back into place; it can cause a loss of range of motion in the neck and other symptoms.
Slip and Falls
Slip and falls are likely the most common type of personal injury claim. These accidents usually occur when a property owner fails to correct a hazard on their property which causes a person to trip over the obstacle and suffer an injury. For example, if you are walking through a grocery store and injure yourself after slipping on a puddle that should have been cleaned hours ago, you will likely have a valid claim for personal injury. Slip and falls can also occur in various other ways:
- Tripping on a piece of cracked pavement
- Falling due to an unstable stairwell or railing
- Slipping on snow or ice that was not shoveled
The injuries a person may suffer due to a slip and fall can range from a bone fracture to a traumatic brain injury. It is important to seek medical attention immediately after a slip and fall accident to assess the full extent of your injury.
It is scary to think that there are likely certain products on the shelves of retail stores that have not been tested adequately. A defective product claim typically arises because an item did not work as intended and caused an injury to a consumer. For example, if you purchased an e-cigarette that inexplicably exploded and injured you, you likely have a valid injury or defective product claim. It is important to note that a product liability claim may have different requirements than a personal injury claim.
As a patient, you’d expect to receive nothing but the best care when you visit your doctor or hospital. After all, you are entrusting your well-being to well-prepared, experienced professionals. Unfortunately, this is not always the case. Every year, thousands of unsuspecting patients are injured or lose their lives due to the negligent actions of doctors, nurses, surgeons, and other healthcare professionals. Common examples of medical malpractice include prescription errors, anesthesia errors, wrongful amputations, and delayed diagnosis – among many other malpractice examples.
It is never easy to cope with an injury caused by those who are sworn to protect our health and well-being. However, you don’t have to face the negligent party alone. Our Fayetteville, AR personal injury attorneys can help you hold the negligent parties accountable for your losses and fight for the compensation you deserve.
All property and landowners have a legal obligation to keep their premises free from any hazard that may put you and others at risk. When you visit another person’s property – whether it is a public or private place – you’d expect to be safe. However, many property owners disregard and fail to correct issues that typically end in otherwise preventable accidents and injuries. Depending on the nature of the accident and your circumstances, you may face a severe injury, surgery, and a lengthy recovery period.
If you or a loved one was hurt while on another person’s property in Fayetteville, AR, we can help. Gunn, Kieklak, & Dennis LLP, is ready to help you hold the liable parties accountable for your losses.
Nothing can prepare you for the loss of a loved one. Your situation can feel many times worse, knowing another party’s negligence caused your loved one’s untimely decease. Unfortunately, this is the reality thousands of families have to face every year in Fayetteville, AR. Many people die in different scenarios due to the poor choices of negligent, careless people. Whether your loved one died due to medical malpractice, car accident, or slip and fall accident, you may have a cause of action against the liable parties. At Gunn, Kieklak, & Dennis, we can help you fight for the compensation you deserve for your terrible loss. While no amount of money can bring back your loved one, bringing the liable parties to justice can help you have some sense of closure and peace of mind.
This is not an exhaustive list. There are other personal injury claims that our attorneys would be happy to help you with. You should also be aware that you only have a limited amount of time to file a personal injury case in Arkansas. Do not delay in filing your case or you may not be able to fight for the compensation that you need to deal with your injuries.
How to Prove Your Injury Claim
To prove that you were injured by the negligent actions of another person or legal entity, there are several elements that you must show. It is not enough for a plaintiff to only prove some of the following elements, all elements must be proven to prevail in a personal injury claim:
The Legal Duty
Every person within society owes a legal duty to each other. This is the first element you will need to establish in your personal injury claim. The way to establish the legal duty will depend on your specific situation. For example, if you are involved in a car accident, you must establish that the driver who caused your crash owed you a legal duty. In personal injury lawsuits, the “duty of care” can also be an essential element to establish.
However, the duty of care is more effective in specific circumstances. For instance, you may need to provide evidence of the duty of care in a medical malpractice injury. This is because all healthcare professionals must provide reasonable care to all of their patients. No matter your situation, our Fayetteville personal injury lawyers can help you show the existence of this first element.
Breach of Duty
The breach of duty happens when the liable party fails to satisfy its legal obligation of duty. Even when the one responsible for your injuries had no intention to cause them, they’d still be held accountable for their negligence. The breach of the legal duty can be mild, or it can amount to recklessness, which is more serious. It is essential to remember that it is not enough to argue that the defendant in your case breached their legal duty. You can only satisfy this element and persuade the court of its existence through evidence. Our Fayetteville, AR personal injury lawyers can help you with this matter.
Through causation, you must prove the defendant’s actions – or lack thereof – caused your accident. The court will expect you to trace a clear connection between the defendant’s negligent actions and your losses. This element can be complicated and challenging to prove, especially if multiple parties are involved in your accident. However, our Fayetteville, AR personal injury lawyers can assist you.
Damages or Losses
When trying to prove the other party’s negligence in a personal injury lawsuit, you must show the court you suffered losses due to your accident. You can provide the court with evidence showing you engaged in medical expenses, lost wages, and pain and suffering. The court can compensate all of these losses once you have shown them.
It is also important to note that you do not have an unlimited amount of time to file an injury claim against the party that injured you. In Arkansas, all personal injury lawsuits have a filing deadline of three years. This means that you must file your case within three years of the date of your accident or risk losing the right to litigate your claim.
Besides the filing deadline for personal injury cases in Arkansas, there are several other reasons to file your claim as soon as possible. For example, if you need to gather evidence to help prove your case, waiting too long could mean that vital evidence is lost or destroyed. Additionally, if you were able to secure a statement from any witnesses that observed the accident, their memory of the accident may falter if you wait close to three years to file your claim.
If you are having trouble managing medical expenses caused by your injury, the proceeds from a successful personal injury claim will help you deal with various expenses.
Compensation Available in a Personal Injury Claim in Fayetteville, AR
You may receive different types of compensation as part of your personal injury claim in Fayetteville, AR. Typically, you have the right to economic, non-economic, and punitive damages.
Economic damages refer to compensation for verifiable, quantifiable losses. These are generally the easiest type of compensation to determine. Common examples of economic – or monetary – damages include your medical expenses, lost wages, and property damage. These elements are added to determine a global compensation to cover those losses.
Non-economic damages, unlike economic damages, are harder to calculate and determine. This type of compensation is subjective, which is why it requires an in-depth look at your circumstances. Typically, the court will grant non-economic – or non-monetary – damages for things such as your pain, suffering, and emotional trauma – among other losses.
There is also a third type of compensation awarded in specific circumstances. This type of compensation is known as punitive damages. Punitive damages are awarded in cases where the defendant’s actions were found to be particularly wanton, reckless, or egregious. It serves the purpose of compensating you for your losses while deterring others from acting similarly in the future.
Our Arkansas Personal Injury Lawyers Can Help You File Your Case Promptly
If you or a family member was the victim of another person’s negligence, you should contact an experienced Arkansas personal injury attorney. At Gunn Kieklak Dennis, LLP, our injury attorneys understand how hard it can be to rebuild your life after a serious injury, and we are here to stand with you. We are aware of the many challenges a severe injury can bring over your life and the life of your loved ones. We will fight tirelessly to hold the liable parties accountable for all of your losses. Our firm will provide you with the aggressive and unique legal representation necessary to litigate your claim. To schedule a confidential legal consultation, call Gunn Kieklak Dennis, LLP at (479) 439-9840, or contact us online.