Understanding the types of damages that are recoverable after an injury is crucial for those seeking to get justice in Arkansas. If another person causes you injuries, you are usually entitled to a wide range of damages to cover both your financial losses and psychological harm.
In the aftermath of an injury, victims often face a host of challenges, including physical pain, emotional distress, and financial strain. Fortunately, our firm can help you overcome these challenges through a personal injury lawsuit. You should not be made to pay for another person’s mistake. That is why Arkansas allows personal injury victims to recover economic and non-economic damages from the negligent party that caused their suffering.
Call us today at (479) 316-0438 to receive your free case assessment with our Arkansas personal injury attorneys.
What Economic Damages Are Recoverable After Injury in Arkansas?
Economic damages refer to out-of-pocket expenses incurred by the victim because of the injury. These are quantifiable costs that can be calculated based on bills, receipts, and wage statements. While the evidence of your economic damages will be located in different places, our Arkansas personal injury attorneys can help collect it no matter its source. These damages aim at compensating you for your financial losses, returning you to the financial state you would have been in before the accident. The following are typical economic damages you can recover from a lawsuit:
Medical Expenses
One of the major components of economic damages is medical expenses. These cover the cost of treatment for the injuries sustained, including hospital bills, doctor’s fees, medication costs, and rehabilitation therapy.
In Arkansas, the amount of compensation for medical expenses is typically calculated based on the actual cost of the medical care received. To demonstrate eligibility for medical expense compensation, the injured party needs to provide documentation such as medical bills, prescriptions, and receipts from healthcare providers.
However, you can also recover future medical costs in addition to your current bills. During the course of your treatment, your doctors will typically project what other treatments and procedures you will need in the future. This could be for surgeries or ongoing physical therapy. Whatever it might be, your future medical expenses should be included in your compensation.
Lost Wages
Another significant component of economic damages is lost wages. If an injury forces you to take time off work, you will usually be entitled to recover the income you lost during that period. Lost wages include not only regular paychecks but also overtime, bonuses, and other income you missed out on as a result. Calculating lost wages involves determining the amount of work missed, including time spent going to doctor’s appointments, and multiplying it by the injured person’s hourly wage or salary.
Loss of Earning Capacity
Not only can you recover your lost wages, you can claim loss of future wages if your injury has impacted your overall ability to work. Loss of earning capacity refers to the reduction in a person’s ability to earn income in the future as a result of their injuries. It is calculated based on factors such as the victim’s age, health, life expectancy, talents, skills, and occupation before the injury.
Proving loss of earning capacity can be complex and usually requires expert testimony from economists or vocational experts. However, our team knows how to prove this element of your case and can arrange for the necessary witnesses to testify to your lost ability to earn income.
Property Damage
Property damage is also recoverable in personal injury cases. If your property was damaged as a result of the incident that caused your injury, you could be compensated for the repair or replacement of that property. This often comes into play in cases involving car accidents where the victim’s vehicle is damaged.
What Non-Economic Damages Are Recoverable After Injury in Arkansas?
Non-economic damages cover a broad array of injuries that do not necessarily cost money but bear a high mental or physical cost. These damages are based on the subjective impact the accident and fallout from your injuries have caused, like mental anguish, anxiety, or depression. Hence the difficulty in calculating them. Fortunately, the law still recognizes that these losses should be compensated for.
Pain and Suffering
Pain and suffering is a broad term that encompasses both the physical discomfort and emotional distress a victim experiences because of an accident. These damages are not easy to quantify as they deal with intangible losses experienced because of injuries. For example, a victim who has suffered a severe spinal injury might experience chronic pain and also suffer emotionally from the inability to move freely or engage in activities they once enjoyed.
The assessment of these damages can be complex, often requiring an attorney’s knowledge. A “multiplier method” is often used to calculate pain and suffering, multiplying the amount of economic damages by a certain number based on the severity of the injury.
Loss of Enjoyment of Life
Loss of enjoyment of life pertains to a victim’s diminished ability to enjoy the day-to-day pleasures of life because of their injuries. This could include hobbies, recreational activities, or even simple tasks like walking their dog or playing with their children. For instance, if a marathon runner suffers a leg injury in an accident and can no longer run, they might be entitled to compensation for loss of enjoyment of life.
Humiliation and Emotional Anguish
Humiliation and emotional anguish refer to the psychological impact of an accident or injury. This could include feelings of embarrassment about physical changes or limitations, as well as ongoing mental health issues such as depression, anxiety, or post-traumatic stress disorder (PTSD). For example, if a victim is disfigured in an accident and suffers humiliation or ridicule, they might receive compensation for this emotional distress.
Loss of Consortium
Loss of consortium refers to the loss of companionship or affection suffered by the spouse or family member of an injured person. This could include loss of intimacy between spouses or the impact on a parent-child relationship. For instance, if a parent is severely injured and can no longer provide the same level of care and affection, their child might be entitled to compensation for loss of consortium.
Scarring and Disfigurement
Scarring and disfigurement refer to the permanent physical changes caused by an injury. These damages compensate the victim for the physical and emotional impact of living with visible scars or disfigurements. For example, if an accident leaves a victim with facial scarring, they will usually be compensated for the impact this has on their self-esteem and personal relationships since it is clear that the scar cannot be covered.
Our Arkansas Personal Injury Attorneys Can Help Get the Damages You Deserve
For a free case evaluation with our Benton County personal injury lawyers, contact us by calling (479) 316-0438.