Pain and Suffering Damages in Arkansas
It has been a year since you woke up from your ACL surgery and knew that something just wasn’t right. Every morning, you used to wake up early, do yoga as the sun rose, and make your kids breakfast before walking them to the school bus and then waving as the school bus drove away. Now, you finally can hobble around to make your kids breakfast, but you are in too much pain to be a parent chaperone to this year's Pinnacle Mountain State Park field trip. While it might be tough to see the sunny side of things these days, you should know that you may be entitled to pain and suffering damages in Arkansas.
In Arkansas, pain and suffering damages are one type of non-economic damages that may be available to you. Non-economic damages are not intended to pay you back for bills you incurred as a result of your injury. Instead, non-economic damages are intended to compensate you for injuries you suffered which are harder to put a price tag on. Juries understand that injured parties should be given a monetary award for the impact that pain and suffering has an on injured person's life.
Read the table below along with the accompanying explanations to learn more about how to recover pain and suffering damages in Arkansas.
Statute of Limitations
As in most states, you won’t be able to recover pain and suffering damages through a workman's compensation claim. However, pain and suffering damages are available in personal injury claims such as:
- Car accidents
- Slip and fall
- Wrongful death
- Medical malpractice
- Intentional Injury (Intentional Tort)
50 Percent Bar Rule
In order to recover any damages in a personal injury case, you will need to prove that another party was at fault for your injuries. Arkansas has adopted a version of modified comparative fault known as the '50 percent bar rule.' As you might suspect, the 50 percent bar rule prevents a plaintiff from recovering if the court determines that the plaintiff's own fault is 50% or greater.
Because the court may award pain and suffering damages in many types of cases, there is no single state-imposed time limit (legally known as a 'statute of limitations') for filing your claim for pain and suffering damages. For example, if you are claiming pain and suffering damages stemming from a car accident or a slip and fall incident, you would have three years to bring what is known as a personal injury claim.
However, if your pain and suffering damages are the result of a medical professional's error, you must file a medical malpractice claim within two years. Finally, if someone intentionally harmed you, Arkansas requires that you file a lawsuit within one year of the infliction of the injury.
Need Help with Pain and Suffering Damages? Ask an Arkansas Attorney
Pain and suffering damages exist because the legal system recognizes that you suffered more than a stack of bills when you were hurt. Maybe you can no longer see the silver lining in things, or maybe it is physically painful to laugh. If you want help determining whether you might be entitled to pain and suffering damages, get in touch with an injury attorney experienced with obtaining pain and suffering damages in Arkansas.
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