If you’ve been injured due to someone else’s negligence, whether in a car accident, a slip and fall, or another serious incident, you may be entitled to significant compensation. In Arkansas, personal injury victims have the right to seek damages to cover a wide range of physical, emotional, and financial losses. This blog explains the types of damages you can recover with the help of an experienced personal injury attorney.
What Are Damages in a Personal Injury Case?
In legal terminology, “damages” refers to the monetary compensation awarded to someone who has suffered injuries due to another party’s negligence or carelessness. The purpose is to restore the victim, financially and emotionally, as much as possible to the position they were in before the injury occurred.
Arkansas law allows for several categories of damages in personal injury cases. These are designed to address both measurable costs and less tangible harm, such as pain and suffering.
Economic Damages (Special Damages)
Economic damages are the most straightforward to calculate. These are the actual financial losses you’ve suffered as a result of your injury. They include:
- Medical bills: Emergency room visits, surgeries, physical therapy, prescriptions, and long-term care
- Lost wages: Time missed from work due to recovery
- Future loss of income: If your injury affects your long-term earning ability
- Property damage: Common in car accidents, this includes repair or replacement of your vehicle
- Out-of-pocket expenses: Travel to medical appointments, home modifications, or assistive equipment
To claim economic damages, it’s critical to keep all receipts, invoices, and wage records. A skilled injury attorney can help gather and present this evidence in a compelling way.
Non-Economic Damages (General Damages)
Not every loss you suffer after an accident can be measured in dollars. Non-economic damages, also called general damages, compensate for the emotional and physical toll of your injuries. These may include:
- Pain and suffering: Physical pain caused by the injury and treatment
- Emotional distress: Anxiety, depression, PTSD, or trauma
- Loss of enjoyment of life: Inability to enjoy hobbies, activities, or relationships
- Disfigurement or disability: Permanent scarring or loss of physical function
- Loss of consortium: When your injury affects your relationship with a spouse
While these damages are more subjective, they are just as important. In Arkansas, there is no cap on non-economic damages in most personal injury claims (except for certain medical malpractice cases).
Punitive Damages
In rare but serious cases, Arkansas courts may award punitive damages. These are not meant to compensate the victim, but to punish the at-fault party and deter others from similar conduct.
Punitive damages are typically awarded when the defendant’s actions were:
- Malicious
- Fraudulent
- Recklessly indifferent to others’ safety
For example, a repeat drunk driver who causes a severe crash may be subject to punitive damages. Arkansas law requires clear and convincing evidence to support this kind of award, and it must be specifically requested in the lawsuit.
Our Arkansas Personal Injury Attorneys Can Help Get the Damages You Deserve
Determining the value of a personal injury claim isn’t just about adding up receipts. Future medical needs, long-term disability, emotional trauma, and quality of life must also be considered. Insurance companies often try to minimize these losses. Working with a personal injury attorney who understands Arkansas and who is familiar with the courts and communities in Hot Springs and across the state can make a significant difference.
At Rochelle McCullough LLP, we fight to recover every dollar our clients deserve. We use medical evidence, expert testimony, and financial analysis to present a full picture of your losses. Don’t leave your financial future to chance. We’re here to stand by your side every step of the way. Call our Hot Springs office today to schedule a free consultation.