Arkansas Personal Injury Attorneys 

Helping the Wrongfully Injured in Arkansas

If you were injured in an accident that wasn’t your fault, Arkansas personal injury law allows you to pursue compensation from the party that caused it. The same is true if you were hurt due to intentional wrongdoing, or if you lost a loved one to another party’s negligence. To navigate the injury and liability laws of Arkansas with confidence, start by teaming up with the Law Office of Tom Wagstaff, Jr. Our firm has decades of collective legal experience focused on hard-fought injury claims, and our team is comprised of trial attorneys who can take cases to litigation when necessary. With us on your side, your personal injury case will be ready for anything that comes your way.

We help people from all corners of Arkansas, such as Fayetteville, Little Rock, Arkansas Valley, Mississippi Alluvial Plain, Ouachita Mountains, Ozark Mountains, Springdale, Conway, Fort Smith, Gulf Coastal Plain, and Jonesboro. Call (816) 597-4556 to schedule a free case review.

  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • 10 Best Attorney in 2019
  • The National Trial Lawyers Top 100
  • Kansas Trial Lawyers Association, Eagles Member 2022-2023
  • National Association of Distinguished Counsel
  • National Trial Lawyers - Top 10 | Nursing Home
  • Super Lawyers - 10 Years
  • Super Lawyers - 2023

    Different Personal Injury Cases We Handle

    You can rely on our attorneys to help with many different personal injury cases in Arkansas, such as:

    • Car accidents: The Law Office of Tom Wagstaff, Jr. provides legal assistance to victims of car accidents, helping them seek compensation for medical costs, loss of earnings, and other related damages.
    • Truck accidents: Our firm represents people who have been injured due to negligent truck drivers or trucking companies.
    • Elopement: We are a trusted name for cases involving elopement, in which vulnerable individuals, like seniors or people with dementia or disabilities, wander away unsupervised from care facilities, resulting in injury or harm.
    • Catastrophic injuries: For people who suffered life-altering injuries such as traumatic brain injuries, spinal cord injuries, or severe burns, our legal team provides aggressive representation in and out of court.
    • Premises liability: If a person is injured due to unsafe conditions on someone else's property, we can help them file a premises liability claim against the property owner or manager.
    • Wrongful death: In instances where negligence or misconduct has resulted in a death, we support the decedent’s family in seeking justice and compensation for their loss through a wrongful death lawsuit.
    $37 Million Heirship Dispute
    Heirship Dispute - Our client’s mother died from ovarian cancer after using Johnson & Johnson brand talcum powder. We recovered $37 million for our client following a successful mediation to resolve the disagreement between the heirs.
    • $1 Million Nursing Home Fall
    • $1.5 Million Nursing Home Fall
    • $1.5 Million Nursing Home Sexual Abuse

    Elements of Personal Injury Liability

    The basis of an injury claim is to demand compensation from another party that caused you to suffer an injury or loss. However, the plaintiff has the burden of proving that the demand is justified. To start, if you want to file a claim against a liable party, your claim will likely need to include crucial elements that every claim needs to be considered valid.

    The four main elements of a personal injury claim in Arkansas are:

    • Duty of care: The defendant must have owed a duty of care to the plaintiff. For example, drivers have a duty of care to drive safely and follow traffic laws to avoid accidents.
    • Breach of duty: A breach occurs when one person fails to fulfill their duty of care towards another. In the context of personal injury law, this could mean that a driver was speeding, a doctor failed to provide the acceptable level of medical care, or a property owner did not maintain safe conditions on their premises.
    • Causation of injury: For a personal injury claim to be successful, it must be proven that the defendant's breach of duty directly caused the plaintiff's injury. In other words, without the defendant's actions (or failure to act), the injury would not have occurred.
    • Damages: Finally, the plaintiff must demonstrate that they suffered some form of harm as a result of the defendant's breach of duty. Harm or losses can include physical injuries, emotional distress, lost wages, medical expenses, and more.

    Typical Damages in an Arkansas Injury Claim

    When building your personal injury claim in Arkansas, we will want to pay close attention to your damages. In the context of an injury case, damages are your losses that were caused by the injury or incident. The purpose of the case, when everything is considered, is to get monetary compensation for those damages, so you can return to the same financial situation you were before the accident, or as close to it as possible.

    The two primary categories of damages in an Arkansas personal injury claim are:

    • Economic damages: Also referred to as special damages, economic damages are tangible, out-of-pocket expenses related to an injury. They can be calculated with relative precision because they have a direct monetary value. Economic damages may include medical expenses (both current and future), lost wages due to time off work, loss of earning capacity if the injury prevents you from returning to your previous job, property damage, and any other financial losses directly resulting from the injury.
    • Non-economic damages: Sometimes called general damages, non-economic damages are intangible losses that do not have a direct monetary value and are subjective to the plaintiff. Non-economic damages can be harder to quantify because they involve aspects like pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of companionship. In Arkansas, courts will often use various methods to assign a dollar amount to these non-economic damages, and our attorneys know how to argue for a fair, maximized amount.

    What are Punitive Damages?

    Punitive damages are a type of monetary award that goes beyond simple compensation and is awarded to punish the defendant for particularly egregious or malicious conduct. The purpose of punitive damages is to penalize the defendant, not necessarily compensate the plaintiff. It's important to note, however, that punitive damages are rare, so they might not be available in your case. Furthermore, in many jurisdictions, including certain circumstances in Arkansas, there are caps or limits on the amount of punitive damages that can be awarded.

    How the Law Office of Tom Wagstaff, Jr. Can Help

    Let us provide comprehensive legal guidance at every stage of your personal injury case. Our team of experienced attorneys understands the complexities of personal injury law and can work diligently to fight for the compensation you deserve.

    We can help with even the most challenging parts of your claim, such as:

    • Investigating the case: We can investigate your case to gather strong evidence to build it, such as police reports, medical records, and witness statements.
    • Proving liability: Using the evidence gathered, we can work to demonstrate the defendant's breach of duty and causation of injury, which should make them liable for your losses.
    • Attempting to negotiate a settlement: Our attorneys at the Law Office of Tom Wagstaff, Jr. are skilled negotiators who can attempt to reach a fair settlement with the opposing party, which may save everyone time and resources.
    • Litigating in court: If a fair settlement cannot be reached, our law firm is always prepared to take your case to court because we are led by trusted and reputable trial attorneys.

    Get Your Claim Moving – Call Now

    With the Law Office of Tom Wagstaff, Jr. in Arkansas at your side, dealing with a personal injury claim can feel much less overwhelming and quite a lot simpler. Our experienced team is dedicated to handling the complexities of your case and championing your cause with compassion, skill, and integrity. Our commitment extends beyond just legal representation, though; as people who are proud to stand up for our friends and neighbors when they need help, we are invested in your well-being and recovery.Top of Form


    Learn how to seek justice and compensation after an accident. Call (816) 597-4556 or contact us online.

    • “He worked hard on our behalf and we reached a positive conclusion.” - Lori D.
    • “Tom gives lawyers a good name.” - Donna J.
    • “Tom and his firm are great people!” - Brad
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