Arkansas Personal Injury Attorneys 

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.