Being harmed by another’s negligence can have life-altering consequences. A car wreck, semi truck wreck, bad doctor, and defective products are common sources of claims for injury and negligence.
What makes a case for negligence?
Car and semi truck wrecks:
- Failure to abide by the rules of the road or keep watch;
- Intoxication of the vehicle operator;
- Failure of the vehicle operator to maintain the vehicle in safe, working order;
- Driver fatigue.
Bad Doctors (medical malpractice):
- Delayed Diagnosis;
- Failure to prescribe or render adequate treatment;
- Surgical mistakes (incorrect or unnecessary surgery, leaving medical instruments in the patient, improper closing, cutting, etc.);
- Birth Injuries
- Defectively designed products–design flaws (e.g. exploding Ford Pinto; IVC blood clot filters; hernia mesh);
- Defectively manufactured devices–poor workmanship or materials (e.g. asbestos products, Takata airbags, Stryker Hip Implants; Deput elbow implants, etc.)
- Contaminated products (e.g. Asbestos in Baby Powder)
In short, negligence is what any reasonable should do, but didn’t do. In legal language, this is a duty and breach of duty. If this breach of duty is in an unbroken chain of events that leads to the injury, then there is a case for the victim.
But the inquiry doesn’t stop there. The victim must also suffer damages. The measure of damages is the cost of treatment (not the insurance rate, the full rate), lost earnings, amount of damage to property, and future medical bills. If there are no damages, there is no case. In the event there are both negligence and damages, an award for pain and suffering is possible. This award will depend on how serious the injury, whether the injury is permanent, and how the injury impacts the victim’s quality of life.
If you were injured in Arkansas, and believe you have a case for negligence, give us a call at 501-251-1076. We’re ready to listen!