Getting injured as a result of someone else’s negligence can be stressful and frustrating at best. At worst, your injuries may take an extended period of time to recover from, in which case a personal injury claim is particularly vital.
However, there are only certain types of damages that may be recovered in a personal injury claim. Here’s what you need to know:
Recoverable Personal Injury Damages in Arkansas
If you get hurt due to another person’s carelessness, filing a personal injury claim is the best resource to help you recover the losses you deserve. Essentially, if someone else harms you, a personal injury lawsuit is designed to “make you whole” again in the sense that you should walk away with just as much as you had before the accident.
Note: The above only applies to bodily injury—not property damage claims.
In order for you to become “whole again,” the following damages are recoverable in a personal injury case:
- Economic damages:
- Medical bills
- Lost wages
- Property damage
- Out-of-pocket expenses
- Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
These are the damages that are easily calculated using bills and receipts. The documentation you retain will be of the utmost importance in determining how much compensation you can recover for your economic losses.
It’s critically important to your case that you retain all relevant documentation for the medical services you receive, such as:
- Emergency room visits
- Ambulance services
- Chiropractic visits
- Rehabilitation therapy
- Lab tests
You may be reimbursed for medical expenses from the date of the accident, to the present, as well as into the future.
Loss of income includes any earnings you lost due to the injury sustained in the accident. You may receive payments for lost income from the day the injury occurs for as long as you miss work. It’s best to ask your employer to provide records showing the time you were out of work as a result of your injury.
Unfortunately, you may not be able to recover 100% of the losses your property sustained. For example, in a car accident, you are only entitled to the true value of your vehicle or repair costs, whichever is lower.
If you incurred damages to other property in the accident, you’ll need to save all receipts in order to document the bills you paid during your recovery so you can be fairly reimbursed.
Out-of-pocket costs you may incur as a result of the injury and are recoverable are as follows:
- Physical medical aids
- Parking fees
- Rental car
- Other costs you must pay due to the injury
These are damages not so easily quantified because they don’t have specific price tags. It’s much more difficult to pinpoint an adequate amount to make up for the losses that cannot be easily calculated. A skilled attorney will be able to help you determine the right amount of non-economic damages that you should be able to recover.
Note: Not every case will allow the recovery of non-economic damages.
Pain and Suffering
You may be able to recover losses related to your pain and suffering depending on how severe your injury is and how long you endured pain and suffering.
In order for emotional distress damages to be recoverable, you will probably need written evidence from a mental health professional to provide plausibility to your case.
Any of the following conditions can qualify as emotional distress:
- Post-traumatic stress disorder (PTSD)
- Other lasting negative emotions
Loss of Enjoyment of Life
If you were in good health and were fully able-bodied before you were injured and now you are unable to enjoy some or many of the activities you could perform before the accident, this is considered loss of enjoyment of life.
For instance, if you sustained a severe spinal injury as a result of a car accident and your range of motion has significantly decreased since, you may miss out on the active events you adored before, such as:
- Going for long walks
- Playing with your children
Loss of Consortium
If your injuries have caused you to lose out on the benefits of family relationships, it may be possible to recover damages as a result.
For instance, if your injuries are so devastating that you can no longer properly take care of your children, this would be considered a loss of consortium.
If another person’s negligence caused you to sustain injuries, you may be able to recover compensation. Call today with the details of your case to see if our skilled team can help.