Can I get Compensation for Pain and Suffering After a Car Accident in Arkansas?
If your injuries are due to another person’s negligence, you may be entitled to compensation.
Determining just what types of damages you can seek compensation for after being injured in a car accident requires knowledge of the facts surrounding the injuries and harm. Of course, the major component of any insurance claim or personal injury claim will be associated with the medical expenses you’ve incurred because of your physical injuries, but your damages extend further to include pain and suffering, lost wages, loss of earning capacity, and other types of damages. You deserve full compensation after being injured by a careless, reckless, distracted, or intoxicated driver. Arkansas personal injury law allows you to seek full compensation for other expenses and damages as well.
What are Pain and Suffering Damages?
Damages which can be combined into your total financial compensation can include:
- Compensation for loss of care (to dependents and other family members)
- Decreased earnings (not just lost wages)
- Mental or emotional distress
- Decreased ability to engage in regular everyday activities
These intangible losses are often lumped into a category that the average person knows as “Pain and Suffering” damages. The law, however, calls these types of very real injuries non-economic compensatory damages.
Essentially, this category contains any sort of financial damages that are not directly associated with an actual bill (like the cost of repairing or replacing your damaged automobile).
How are Pain and Suffering Damages Determined in Arkansas?
Because there are no concrete bills associated with pain and suffering damages, determining the actual dollar amount to be assigned non-economic damages can be difficult. You, the victim, have to take into account many variables including:
- Your estimated ability level after your recovery
- Your earning potential in the months and years after your accident
- The cost associated with the emotional stress and the mental trauma your accident has caused
That’s why we recommend that anybody who has been seriously injured in a car accident in Arkansas at least consult with a qualified personal injury attorney. Even estimating the dollar figure associated with economic and non-economic damages can be a monumental challenge. And, unfortunately, justifying that financial need to an insurance adjuster or a jury may require expertise in the field.
How do I Prove I Need Compensation for Pain and Suffering?
As with any financial loss associated with a car accident in Arkansas, the key component of getting the compensation you deserve is proving your need. While proving need for concrete financial losses may be as simple as submitting a copy of a hospital bill, proving need for pain and suffering associated with your accident and injuries can be much more difficult.
Essentially, you need evidence—proof—of your need. But how do you prove the need for damages that are essentially subjective, such as familial stress levels?
An experienced personal injury attorney in Arkansas will help you prove your need for pain and suffering by consulting with other experts like:
- Medical specialists
- Mental health professionals
- Employee compensation experts
as well as other individuals who can provide accurate and reliable estimates of the very real dollar amount associated with your pain and suffering. Having this overwhelming amount of evidence is often the only way to convince an insurance company or a court of law that the dollar amount on your personal injury claim is justified.
It’s imperative to begin the process of proving your need as soon as possible after your accident because Arkansas law only allows victims three years to file a lawsuit for damages associated with negligence-related car accidents.
Have More Questions About Pain and Suffering Compensation for an Arkansas Car Accident?
This is just a basic overview of Arkansas law as it applies to pain and suffering compensation related to car accidents. If you have specific questions about your individual situation or would like to know if you have a personal injury claim, contact the Pfeifer Law Firm to schedule a free, no-pressure consultation today. You can do so online or by calling (501) 374-4440. And you don’t owe us money unless we recover for you.