When you are injured in an accident that someone else inflicted upon you, Arkansas’ personal injury laws allow you to go after a claim for compensation in the form of personal injury damages. Personal injury damages is a legal term that refers to the expenses and emotional losses, like mental anguish, you or your loved one experienced.
Since no two cases are alike, it is challenging to estimate how much you can expect to receive from your accident claim. It also hinges upon your ability to prove that more than 50 percent of liability was incurred by the other party. Plus, additional damages are more difficult to estimate, like physical pain and suffering.
There is no straight-line calculation to pinpoint exactly what your Arkansas personal injury damages are worth. However, discussing your case with an Arkansas personal injury lawyer will help you understand what similarly-situated claimants have received for the types of actionable losses you have experienced.
Types of Arkansas Personal Injury Damages
Arkansas personal injury laws aim to provide restitution for accident injury victims for the losses they incurred due to someone else’s negligence. The amount that you can expect to receive is based on the severity of your injuries, the level of negligence exhibited, and where your accident injuries occurred.
There are a few different types of classifiable damages available to claimants.
- Economic damages describe your measurable, out-of-pocket expenses. They include things like medical expenses, property damage, travel to and from doctors’ appointments, lost wages, future lost earning capacity, and therapy. Your Arkansas personal injury lawyer will be able to prove your economic damages exist through invoices, receipts, and pay stubs.
- Non-economic damages are subjective losses you incurred. They include things like physical pain and suffering, mental anguish, loss of enjoyment of life, wrongful death, and disfigurement. Your attorney may use personal journals and eyewitness and expert testimony to prove your non-economic damages.
- Punitive damages are generally reserved for cases that exhibit gross negligence. They are rarely awarded and only assigned when an additional punishment to the detracting party is necessary. Your Arkansas personal injury lawyer will help you determine if these damages are potentially recoverable for your case.
Your lawyer will gather and preserve the evidence that speaks to the facts and theory of your case as it becomes available. Doing so allows you to focus on your recovery while a legal professional pursues the compensation you deserve for your personal injury damages.
How Liability Affects Your Personal Injury Damages
Because Arkansas is a modified comparative negligence state, liability is one of the most significant issues during an Arkansas personal injury lawsuit. If you are found to be more than 50 percent at fault, you will not be able to receive a settlement or civil court award. For example, if you get into an accident that someone else caused, but the jury believes that you were slightly distracted while driving, could have reacted sooner, and were more than 50 percent responsible for the accident, you receive nothing.
However, if the other driver is found to be more than 50 percent at fault, then you may receive personal injury damages based on the percentage of fault they exhibited. For instance, if the jury awards you $100,000 for your losses, but the defendant is only 80 percent at fault, then you will receive $80,000 in personal injury damages.
It is also essential to keep in mind that the insurance adjuster assigned to your injury claim does not typically have your best interests at heart. Make sure that you do not make any self-incriminating statements that may prevent you from receiving personal injury damages.
Contact an Arkansas Personal Injury Lawyer for More Information
Numerous factors influence Arkansas personal injury damages. Therefore, you should talk with an Arkansas personal injury lawyer for specific legal advice and information. An experienced attorney has the practical insight you need—such as what they have recovered for past clients—and they will provide their professional legal opinion regarding your claim.
At Milligan Law Offices, we offer prospective clients a free consultation before hiring us to discuss your case and how we will help. Request yours today by calling (479) 783-2213 or submitting a message through our private contact form.
We are Arkansas contingency fee personal injury lawyers, which means that we do not charge you a penny upfront to take on your case. Our legal team does not earn your business unless we make a recovery for you or your loved ones.
Milligan Law Offices