Little Rock Personal Injury Lawyer 

Breach of Duty

Presuming we’ve cleared that first hurdle, the next step is to demonstrate the defendant breached their duty of care. The simple fact the plaintiff was injured is not enough, on its own, to establish negligence. The law recognizes the reality that there are bad things which happen where no one is at fault. Personal injury lawsuits are meant to prove that someone—the defendant—is indeed at fault. And the way to establish that legally is to show that the defendant failed to exercise a reasonable standard of care. 

Here's an example—the grocery store, as noted above, has a duty of care to its customers. Now let’s say there’s a spill on Aisle 3 and a customer slips and falls. The next step is to ask whether the grocery store acted reasonably in keeping its aisles safe to walk down. 

The questions that will arise—and must be investigated by an experienced Little Rock personal injury attorney—include how long the spill was there. If the fall took place minutes after spill, a Pulaski County court might conclude that it was not reasonable to expect the store to become aware of, and clean up the mess that quickly. But if the spill lingered for an hour? Now, we may be looking at a breach of duty. 

Questions about what a reasonable effort by the defendant is and what is not are, to a certain extent, in the eye of the beholder. The beholder is the court. It’s also important how the defendant’s insurance company expects the court to react. In that regard, having a skilled and respected lawyer making the plaintiff’s case, might be significant to the final outcome. 

how the full scope of how much the plaintiff’s life has been damaged. All of this goes back to issues discussed at the top of the page—how much rehab will be necessary? Was the accident something likely to cause post-traumatic stress disorder or other recurring psychological problems that could call for therapy? Car accident victims are just one example of people who suffer mental trauma from an accident and deserve to be compensated for their costs of their recovery. 

A plaintiff who owns their own business may lose income that goes well beyond the immediate costs of missed time at work. They have also missed time in growing their business, and the injuries may prevent them from resuming growth-related activities for some time. A person working towards a promotion at work or a master’s degree might see that process interrupted and perhaps permanently stalled. All of these are costs that can be measured through witness testimony, including expert testimony from people in the same field as the injured plaintiff. 

Damages

The final step in the negligence process is to show that the plaintiff suffered damages because of everything discussed above. For example, if the grocery store slip and fall resulted in a mildly sore hip, but nothing more, there are really no damages to be compensated for—even if the defendant was at fault and caused the injuries. But the ruptured disk? Now there are damages. 

Furthermore, an experienced Little Rock personal injury lawyer must show the full scope of how much the plaintiff’s life has been damaged. All of this goes back to issues discussed at the top of the page—how much rehab will be necessary? Was the accident something likely to cause post-traumatic stress disorder or other recurring psychological problems that could call for therapy? Car accident victims are just one example of people who suffer mental trauma from an accident and deserve to be compensated for their costs of their recovery. 

A plaintiff who owns their own business may lose income that goes well beyond the immediate costs of missed time at work. They have also missed time in growing their business, and the injuries may prevent them from resuming growth-related activities for some time. A person working towards a promotion at work or a master’s degree might see that process interrupted and perhaps permanently stalled. All of these are costs that can be measured through witness testimony, including expert testimony from people in the same field as the injured plaintiff. 

Those costs of recovery can go well beyond direct, tangible, financial expenses. Pain and suffering is intangible. But if the injuries mean a plaintiff can no longer do their hobbies, enjoy time with family and friends, or even sleep peacefully, then those intangible factors must be included in the settlement. 

The Law Office of Omar F. Greene brings a smart and methodical approach to the way we investigate, negotiate, and litigate personal injury cases. Reach out to use today at (501) 600-0451 or fill out our online contact form to set up a consultation.