Being injured in an accident can be frustrating. Not only might you be facing serious injuries that cause pain and discomfort, but you may be out of work or unable to return to work. If you were injured, you may be entitled to compensation. Arkansas allows injury claims in a wide variety of areas. For any injury you may have suffered, talk to an attorney to see if you are entitled to compensation. An experienced Fayetteville AR personal injury lawyer like Ken Kieklak can track down responsible parties, and help you take them to court for compensation for your injuries.
Types of Fayetteville Personal Injury Claims
When people think of personal injury claims, they may think of catastrophic injuries from car accidents, or people slipping in a store if there is no “Caution: Wet Floor” sign. However, these are only the tip of the iceberg. The law allows for injury claims in nearly any situation where someone else was responsible for your injuries. Not only can you sue for intentional injuries, but it is more likely that you will sue for “negligent” injuries. For someone to be found negligent for something they did, the following 4 elements must occur:
- Duty – They must have owed you, the victim, a duty, based on your relationship with the defendant;
- Breach – They must have breached their duty by failing to use the proper care that a reasonable person in that situation would use (or by breaking a law);
- Causation – The breach must have caused your injuries; and
- Damages – You must have suffered injuries or other harms that a court can compensate you for.
These four elements can occur in several ways. However, some common classes of personal injury claims include the following:
Slip and Fall Cases
If you were injured by falling or tripping in a store, on a staircase, or even on a sidewalk, you may be able to sue for your injuries. These falls can cause injuries like broken bones to very young and very old individuals, but they can also cause traumatic brain injury or back problems for people of any age.
Car Accident Cases
Being injured in a car crash can be a serious problem. This can result in spinal cord injuries that lead to permanent paralysis in serious cases. In others, whiplash injuries are quite common. Usually, car insurance is available to pay for these injuries.
Defective Product Injury Cases
If you or a loved one is injured using a toy, a tool, or an appliance, you may be entitled to sue the manufacturer. Dangerous product defects come in different varieties, some of which affect all products in the product line, and others which only affect the specific product that injured you.
Nursing Home and Daycare Injuries
Placing your loved ones in the care of others can be stressful, but we rarely expect them to face injuries. Under the constant care of nursing home staff, your elderly loved ones could face injuries from negligent care or intentional acts of harm. In a daycare, the same is true; children could be neglected or intentionally abused.
Medical Malpractice
Doctors and other healthcare providers are held to a high standard for their care. If you receive treatment that falls below the applicable standards, you may be entitled to compensation. Especially if this poor care causes serious injuries or requires more treatment, your medical injury compensation may be quite high.
Wrongful Death
Losing a loved one is never easy, but it is all the more difficult when they are taken too soon. If a loved one was killed in an accident, including any of the potential accidents listed above, you may be entitled to compensation for your loss. Talk to a Fayetteville, AR wrongful death attorney about your case.
Ways to Seek Compensation for Personal Injury
Many personal injury cases are covered by insurance, which may make seeking compensation easier. However, filing with insurance and simply accepting what they offer you is not necessarily going to give you enough compensation. After an accident, you may be entitled to compensation for medical expenses, lost wages, and separate compensation for your pain and suffering. However, filing through insurance may block access to pain and suffering damages, as well as additional “punitive” damages a court may order to punish wrongdoers.
If you file your case through a court of law, you may be entitled to additional compensation. Moreover, a jury will ultimately decide how much you are entitled to, not an insurance company. Lastly, there are no “caps” or limits on jury awards, which means you could receive as much as you may be entitled to. Talk to an Arkansas personal injury attorney today for help deciding how to file your injury claim.
Fayetteville Personal Injury Lawyer
Fayetteville personal injury attorney Ken Kieklak may be able to help file your personal injury claim and fight to get you compensation. For a free consultation on your case, call Ken Kieklak, Attorney at Law, today at (479) 316-0438.