When litigating a personal injury lawsuit, a plaintiff is required to prove the damages they sustained due to the defendant’s negligence. Pain and suffering are a form of damages that can be recovered from a defendant. However, it can often be difficult to determine how to calculate how much pain and suffering is worth in a particular case. If you or a family member concerned about the amount of damages you may receive for your case, contact an experienced Fayetteville, AR personal injury lawyer as soon as possible. Personal injury attorney Ken Kieklak possesses over 20 years of legal experience litigating complex claims, and he is ready to offer you the aggressive legal representation you need to fight your case. A victim of an accident should not have to worry about receiving an inadequate amount of compensation for their injuries. Ken Kieklak, Attorney at Law, is here to explain the reasonable limits of pain and suffering damages in Arkansas.
How Pain and Suffering Damages Are Calculated in Arkansas
If a victim of an accident succeeds in a personal injury claim, they can be awarded damages for their injuries. Compensatory damages are often broken into two categories: economic damages and noneconomic damages. Economic damages are simple to calculate because they are typically based on physical damages and expenses caused by an accident. Noneconomic damages are based on subjective factors that can make them difficult to calculate. Pain and suffering damages fall under the umbrella of noneconomic damages.
Pain and suffering is defined as physical and emotional trauma suffered due to being involved and injured in an accident. For example, if a victim sustained multiple bone fractures in a car accident, it is foreseeable that they experienced some level of pain and suffering. As a result, a victim can include this pain and suffering in a claim for damages against the person that caused their injuries.
Calculating pain and suffering is difficult because it requires a person to convert their injuries into a monetary value. This has resulted in a number of factors being used to determine the value of pain and suffering damages. For example, being a victim of a slip and fall accident could possibly be worth less than being in a commercial vehicle accident. There are many other factors that could help determine pain and suffering damages:
- The severity of the victim’s injuries
- Whether the victim has suffered a long-term or permanent injury
- The medical treatment and expenses required to treat the injuries
This is not an exhaustive list. There are various other factors that could be considered when determining the value of damages for pain and suffering.
Note, however, that there is no “reasonable” amount of money that can be paid out for pain and suffering. The damages awarded to a plaintiff are typically distributed on a case-by-case basis. This means that it is impossible to settle on an average amount of money that should be paid to a victim of medical malpractice or a burn victim. However, our firm can help you seek the compensation you deserve based on the circumstances of your case.
To learn more about filing a personal injury lawsuit in Arkansas, you should continue reading and speak with an experienced Arkansas personal injury attorney.
Proving a Personal Injury Lawsuit for Pain and Suffering in Arkansas
Before filing a personal injury lawsuit, you should ensure that you have ascertained all the parties that could be held liable for your accident. For example, a negligent driver that caused an accident would be the clear choice to file a claim against. However, if the negligent driver was operating a commercial vehicle, this could mean that their employer is vicariously liable for their actions. This is important because an employer would be in a better financial position to provide you with damages after an accident.
Our firm is here to help you identify the parties that could be held liable for your injuries based on the details of your case. Combining defendants into one case will make it easier for a victim to seek compensation from all accountable parties.
Once you have identified the defendants in your case, you will have to prove your claim against them. Personal injury lawsuits typically operate on the theory of negligence. This means that a plaintiff must show how a defendant acted negligently before they can be awarded damages like pain and suffering. The following is a list of elements that a plaintiff must show to prove negligence:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care to the plaintiff
- The plaintiff sustained an injury or losses due to the breach
- The plaintiff suffered an injury or losses that is compensable by a court of law
It is important to note that pain and suffering damages may also be considered during settlement negotiations with a defendant or an insurance company.
Consult with Our Experienced Fayetteville, AR Personal Injury Attorney Today
If you or a family member was injured in an accident, consult with an experienced Farmington, AR personal injury attorney immediately. Ken Kieklak, Attorney at Law, has provided residents of Arkansas and many other states with legal representation, and he would be honored to work with you. To schedule a free legal consultation to discuss your potential lawsuit, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You may also contact the firm by using our online submission form.