What is pain and suffering?
By “pain and suffering” we don’t mean having to mow your yard during an Arkansas summer. Plain and suffering is a term used to describe the injuries you receive that are hard to value. In the context of car wreck cases, these injuries include things like the reduction in your quality of life or the mental suffering caused by the car accident. Pain and suffering is added to damages such as broken bones and vehicle damage. These are often referred to as “economic damages” while pain and suffering is lumped into “non-economic damage.” Non-economic damage is a little misleading since you can be awarded money for these injuries too.
How are you compensated for pain and suffering?
Getting compensated for your injuries can be a complex process. Generally, your lawyer requests pain and suffering damages either in an insurance settlement negotiation or at trial. So, the process can involve a negotiated agreement or a full trial process. However, negotiated agreements are, by far, the most common way to resolve injury claims from car accidents. There is not a specific cap on pain and suffering damages in Arkansas but Arkansas courts tend to prefer to award economic damages and reduce the emphasis on non-economic damages.
How long do you have to bring a claim or suit for pain and suffering?
The amount of time you have to bring a claim or suit depends on the cause of your injury. Normally, you would have three years to sue for injury claims based on someone’s negligence (as in a car wreck case). However, if your pain and suffering is based on a medical malpractice claim, you need to file the suit within two years. Finally, if you were injured by someone’s intentional acts, you might have to file within one year. Remember, each case is different and a lawyer may need to check to see which time applies to your case.
What to do if you have been injured:
If you have been injured in a car wreck, you should talk to an attorney as soon as possible to discuss your potential claims for economic and non-economic damages. Your attorney should let you know how long you have to bring the lawsuit and what documents you will need to provide. It’s always best to start the process of documenting your injuries and injury-related expenses as soon as possible after an accident. So, contacting an attorney early in the process can be helpful when it is time to submit your claim.
Kirk Joyce is a general practice attorney in Northwest Arkansas with experience in personal injury law and criminal defense. If you would like to meet with him to discuss your case, please contact the Joyce Law Firm to schedule a consultation.
Joyce Law Firm was founded in 2002 by Kirk Joyce. Each of the attorneys at the Joyce Law Firm focus in specific areas of law, including, but not limited to: personal injury, immigration, criminal defense, family law, and business law. Contact the Joyce Law Firm today at 479-442-5577. More about Joyce Law Firm