Yes, you can sue for pain and suffering in Arkansas injury cases. When an injury occurred because of someone else’s negligence, Arkansas personal injury law allows accident victims to seek compensation not only for financial losses, but also for the physical and emotional impact the injury has on daily life. Minton Law Firm regularly helps injured individuals pursue full compensation, including pain and suffering damages, after serious accidents.
Understanding how pain and suffering works under Arkansas law is essential if you are considering a personal injury claim or personal injury lawsuit.
Pain and suffering refers to the non-economic harm a person experiences after an injury. Unlike medical bills or lost wages, pain and suffering damages do not come with receipts or invoices. Instead, they account for the real human impact of an injury.
Pain and suffering may include:
In many personal injury cases, pain and suffering makes up a significant portion of the total compensation.
Yes. Arkansas law allows injured parties to recover non economic damages, including pain and suffering, when they can prove negligence. Arkansas personal injury laws recognize that injuries affect more than finances and allow compensation for both physical and emotional harm.
Pain and suffering damages are commonly sought in:
Each case is evaluated on a case by case basis.
In Arkansas injury cases, damages generally fall into two categories.
Economic damages compensate for measurable financial losses, including:
Non economic damages include:
Pain and suffering damages fall squarely into this second category.
Pain and suffering must be supported by evidence, even though it is not tied to a specific dollar amount.
Common evidence includes:
Medical appointments, ongoing treatment, and consistent documentation play a major role in proving suffering damages.
Yes. Severe injuries typically result in higher pain and suffering damages. Injuries that cause permanent disability, permanent disfigurement, or long-term impairment often justify greater compensation.
Examples include:
The more the injury disrupts a person’s life, the stronger the claim for pain and suffering.
Insurance companies often try to minimize pain and suffering claims. Insurance adjusters may argue that injuries healed quickly or that emotional distress is exaggerated.
This is why strong medical evidence and legal representation are critical. A personal injury lawyer understands how to counter these tactics and present a clear picture of how the injury occurred and how it continues to affect the accident victim.
There is no fixed formula under Arkansas law for calculating pain and suffering. Instead, factors often considered include:
Some insurance companies use internal formulas, but courts ultimately evaluate damages based on the evidence presented.
Arkansas follows a modified comparative fault rule. If the injured party is partially responsible, compensation may be reduced. If the injured party is found more than 50 percent at fault, they may not recover damages.
This rule applies to pain and suffering just as it does to economic damages, making it critical to prove the other party’s negligence.
Yes. In wrongful death cases, pain and suffering damages may be available for the suffering experienced before death, as well as for surviving family members in certain circumstances.
These cases are complex and often involve multiple parties and extensive evidence.
In rare cases involving reckless or intentional misconduct, Arkansas courts may allow punitive damages. These damages are separate from pain and suffering and are intended to punish particularly harmful conduct.
Punitive damages are not available in every personal injury case and require strong proof.
Pain and suffering claims are often the most contested part of a personal injury lawsuit. A skilled personal injury lawyer can:
Experienced attorneys understand how to frame pain and suffering in a way that reflects the true impact of the injury.
If you were injured due to someone else’s negligence and are wondering whether you can recover pain and suffering damages, Minton Law Firm can help. Our law firm represents accident victims across Arkansas and works to secure fair compensation for physical pain, emotional distress, and long-term harm.
To discuss your case and understand your options, call Minton Law Firm at 501.794.0001 today for a free consultation and no obligation consultation.
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