Personal Injury Law
“Personal injury” as it is used in the legal sense is a broad term that can mean many types of accidents and injuries. Some examples of personal injury include injuries caused by an automobile accident, medical malpractice, a dog bite, a slip and fall on another’s property, or a defective product, drug, or air bag. Injuries that occur during pregnancy or birth, including cerebral palsy, can be personal injuries. Victims of elder abuse, either in the home or in a nursing home, can often sue under the legal theory of personal injury. 
Other injuries may not be as obvious as when there is an external injury, such as in the case of a closed head brain injury. If the personal injury results in the victim’s death, the next of kin may be able to file a wrongful death lawsuit. The laws covering personal injury allow the injured party to receive compensation for damages caused by someone else’s carelessness, negligence, recklessness, or intentional actions. Personal injury law is also called “tort” law.
For a discussion on tort law, please see below. Accidents can happen almost anywhere. If you have been injured and believe that someone else was responsible for your injuries, a qualified attorney can help evaluate the circumstances to find out if you have a valid claim or lawsuit. The following list includes examples of possible accidents that Butler, Horn, Nye & Johnson attorneys will handle:
- Car, truck, or motorcycle accidents
- Semi accidents
- Closed Head Brain Injuries
- Boating accidents
- Airplane or Bus accidents
- Elder/Nursing Home abuse
- Premises liability
- Defective devices
- Hospital negligence
- Dog Bite injuries
Butler, Horn, Nye & Johnson attorneys understand that victims of a personal injury and their families often suffer extreme emotional and financial pressure. Medical bills can lead to bankruptcy. If the victim of the personal injury was the primary wage earner, the family may be unable to pay their mortgage, their car insurance, or their tuition. If you or a loved one has suffered because of the action or inaction of another, contact us to schedule a consultation.
Medical Malpractice
Medical malpractice refers to mistakes made by doctors, nurses, hospital staff, pharmacists, nursing home staff, and other health care professionals. Most medical professionals are competent medical providers working hard to provide the best possible care. However, these medical providers are under tremendous pressure to see more and more patients than there is time to provide the best possible care. Unfortunately this causes them to make mistakes. These unintentional mistakes cause death and injury to their patients. Some surgical errors can threaten the lives of patients or cause critical injuries and trauma. Still other serious misdiagnoses can prevent proper treatment of illnesses which, if left untreated can cause severe complications. These malpractice injuries cause the injured person pain and suffering and may interfere with their income due to job loss or increased sick leave. Medical malpractice often occurs under one of these circumstances:
- failure to diagnose and/or properly treat a disease or condition
- failure to take proper measures to ensure the birth of a healthy child
- surgical errors during an operation
- the misuse or improper installation of a medical device or implant
- the failure to get informed consent from a patient to undergo an operation
Often, it is difficult, if not impossible, for patients or their families to know when a medical mistake has been made. A medical malpractice lawyer can help evaluate a potential claim. If you or a loved one have been injured, and you suspect that a medical mistake may have been the cause, contact us to schedule a consultation.
Tort Law
Tort actions have three elements: there must be a legal duty between the the person injured (called the “plaintiff”) and the person causing the injuries (called the “defendant”); there is a breach (or failure to perform) of that duty; and, damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred. Arkansas law places a burden on all persons not to harm others or their property. Whenever someone else harms you or your property, they become liable to you for monetary damages to compensate you for your loss. Liability can be caused by intentional acts or through the person’s negligence. An intentional act is one specifically intended to cause harm or injury. A negligent act occurs when someone commits an act or fails to act and you are harmed as a result of that act or failure to act.
Although the act or failure to act causes you harm, the act or failure to act was not intended to cause you harm. For instance, if an angry person strikes you, that is an intentional tort, in addition to being a crime. On the other hand, if a careless driver runs into your car, that is a negligent act. In either case, the person had a duty not to injure you or your property. The person breached the duty was the intentional or negligent act (or failure to act), and you and/or your property was damaged. Once a personal injury or property damage has occurred, the defendant is responsible to compensate the plaintiff for the damage done. “Damages” is the term for the monetary amount owed to you to compensate you for your loss. “Strict liability” means that a person is responsible regardless of whether or not negligence was involved. This is usually applied to situations which are in themselves abnormally or inherently dangerous. This concept also usually applies in product liability.
Manufacturers of products have the duty to ensure their product is safe when used as intended. If someone is injured by a product, under strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own, and that they were injured. If you are the victim of a tort, including personal injury and/or property damage, there are several things you should do. First, make sure that you seek proper medical attention. Next you should contact the proper authorities and your own insurance company. If you were injured through the negligence or intentional act of another, you should contact an attorney to discuss your legal options. You should call as soon as practical and avoid discussing the matter with strangers and/or insurance representatives from the other party’s insurance carrier. Do not delay since most personal injury cases are covered by a statute of limitations, which can limit the amount of time you have to file suit.
We proudly serve clients located in Central Arkansas including: Benton, Bryant, Conway, Little Rock, North Little Rock, Russellville, Hot Springs, Cabot, Searcy, Jacksonville, Malvern, Arkadelphia, Sheridan, Sherwood, Maumelle, Mayflower, Pine Bluff, and all cities surrounding Saline, Pulaski, Grant, Garland, Hot Spring, Perry, Conway, Faulkner, Pope, White, Clark, Lonoke and Jefferson Counties.