When you’ve been seriously injured by someone else’s negligence, your losses are often more than financial. Events like car accidents, slips and falls, and dog attacks can leave you with longstanding physical pain and emotional turmoil.
Unfortunately, pain and suffering aren’t easy to prove. There’s no way to display pain on an X-ray and your suffering won’t show up on a bill. But that doesn’t make your pain any less real. At the Law Offices of Alan LeVar, our personal injury lawyers are committed to pursuing compensation for your pain and suffering.
If you live in Arkansas and are looking for a pain and suffering lawyer committed to transparent, compassionate client service, please call The Law Offices of Alan LeVar at (866) 938-8099 today for a free consultation.
Defining Pain and Suffering
In Arkansas, ‘pain and suffering’ refers to the physical, psychological, and emotional impact of a personal injury. When accident lawyers mention it as a component of a claim, they are referring to the various forms of harm that may not be readily observable. Here are some examples:
- Physical Pain: This includes the immediate and ongoing physical pain resulting from the injury, such as chronic back pain, headaches, nerve damage, or discomfort caused by fractures or soft tissue injuries.
- Emotional Distress: Personal injuries can lead to emotional distress, such as anxiety, depression, fear, insomnia, or post-traumatic stress disorder (PTSD). These psychological effects can significantly impact a person’s quality of life and well-being.
- Loss of Enjoyment: If the injury limits or prevents the injured person from engaging in activities they previously enjoyed, such as hobbies, sports, or socializing, it can result in a loss of enjoyment of life and contribute to their pain and suffering.
- Scarring and Disfigurement: Severe injuries can result in visible scars or disfigurement, which can cause emotional distress, low self-esteem, and psychological trauma due to the altered appearance.
- Chronic Pain and Long-Term Effects: Some injuries can lead to chronic pain syndromes, ongoing physical limitations, or permanent disabilities. Dealing with persistent pain and enduring the long-term effects of an injury can significantly impact a person’s daily life and overall well-being.
How to Sue for Pain and Suffering in Arkansas
Proving pain and suffering can be challenging since it involves subjective experiences that are not easily quantifiable. However, there are several ways to establish and demonstrate pain and suffering to support your claim. Here are some common approaches:
- Medical Documentation: Detailed medical records play a crucial role in substantiating your pain and suffering. These records should include diagnoses, treatment plans, medication prescriptions, therapy sessions, and any relevant medical tests or procedures. They provide objective evidence of your injuries and the associated physical and emotional pain.
- Expert Testimony: Expert witnesses, such as medical professionals, psychologists, or therapists, can offer their professional opinions on the extent and impact of your pain and suffering. Their testimony helps establish a connection between your injuries and the resulting physical and emotional distress.
- Personal Statements: Your own detailed and consistent accounts of your pain and suffering are valuable evidence. Be thorough when describing your symptoms, the impact on your daily life, and the emotional toll it has taken. Providing specific examples of how your injuries have affected your ability to work, engage in hobbies, or maintain relationships can strengthen your claim.
- Pain Journals or Diaries: Keeping a journal or diary to document your daily experiences, pain levels, and emotional struggles can be a powerful tool. These records can serve as contemporaneous evidence of your pain and suffering, demonstrating the ongoing nature of your injuries and their impact on your life.
- Witness Testimony: Testimony from friends, family members, or colleagues who have witnessed your physical limitations, emotional distress, or changes in behavior can provide additional support for your pain and suffering claim.
- Comparative Evidence: Comparing your life before and after the injury can help demonstrate the negative impact on your well-being. This can include evidence of your previously active lifestyle, accomplishments, or hobbies that you can no longer pursue due to the injury.
An Arkansas personal injury lawyer plays a crucial role in helping you prove pain and suffering. They will:
- Review your medical records, consult with medical experts, and gather other supporting evidence to substantiate your pain and suffering.
- Help you craft a compelling narrative that demonstrates the physical and emotional toll of your injuries.
- Work closely with you to gather personal statements, pain journals, witness testimonies, and other documentation that effectively illustrate the impact your injuries have had on your daily life, relationships, and overall well-being.
By enlisting the assistance of an Arkansas personal injury lawyer, you can significantly enhance your chances of successfully proving pain and suffering and securing the fair compensation you deserve.
How Much Is My Pain and Suffering Worth?
Unlike many other states, Arkansas does not place a specific limit or cap on the amount of compensation that can be awarded for pain and suffering damages. The value is determined on a case-by-case basis, taking into consideration various factors such as the severity of the injuries, the impact on your daily life, the duration of the suffering, and the overall effect on your physical and emotional well-being.
Since there is no statutory limit, Arkansas allows for a more individualized approach when assessing pain and suffering damages. It gives you a chance for fair compensation that truly reflects your situation. In order to determine the potential value of your pain and suffering claim, it is crucial to consult with an experienced personal injury attorney.
How is Pain and Suffering Calculated in Arkansas?
When calculating pain and suffering damages there is no set formula. The amount you are entitled to is the amount a jury would likely give you. Many attorneys use either the multiplier method or the per diem method as a way to either negotiate with an adjuster or persuade a jury. Both methods are proper arguments in court, but they have no authoritative value.
- Multiplier Method: This approach involves multiplying the total economic damages by a whole number, typically ranging from 1 to 5, to determine the pain and suffering damages. The selected multiplier depends on the severity of the pain and suffering experienced. For instance, if your economic damages amount to $200,000 and your attorney assigns a multiplier of three, your pain and suffering damages would be $600,000. Cases involving total disability or permanent disfigurement may warrant higher multipliers.
- Per Diem Method: The per diem method assigns a dollar amount per day of pain and suffering. It is often employed in cases with temporary injuries. Attorneys calculate the number of days the pain and suffering lasts and then demand a specific daily amount. For example, if you experience pain and suffering for 240 days following a car accident, and your attorney uses a per diem amount of $230 (your daily wage), the total pain and suffering damages demanded would be $55,200.
While the multiplier method is commonly used for permanent injuries and the per diem method is often for temporary injuries with a defined recovery period, neither method is actually grounded in law. Instead, they are arguments your attorney can use for their persuasive value.
When Should I Call an Arkansas Pain and Suffering Lawyer?
If you have suffered significant physical or emotional pain due to a personal injury, you should contact an Arkansas pain and suffering lawyer immediately. Here are some specific situations when it is advisable to reach out to an attorney:
- Severe Injuries: If you have sustained severe injuries resulting in prolonged pain, extensive medical treatment, or long-term disability, consulting a lawyer is crucial. They can help you understand your rights, assess the potential value of your pain and suffering damages, and guide you through the legal process.
- Permanent Disfigurement or Disability: If your injuries have resulted in permanent disfigurement or disability, it is essential to have an attorney on your side. They will advocate for your rights and fight for the maximum compensation you deserve for the lasting physical and emotional impact.
Contacting a pain and suffering lawyer early in the process allows them to gather evidence, interview witnesses, and build a strong case on your behalf before the statute of limitations expires. They will provide you with valuable guidance, handle communication with insurance companies, and fight for fair compensation while you focus on your recovery.
Get a Free Consultation With an Arkansas Pain and Suffering Lawyer
If you have experienced pain and suffering due to a personal injury in Arkansas, a skilled attorney can help you pursue the compensation you deserve. At the Law Offices of Alan LeVar, we offer a free consultation to discuss the details of your case, evaluate your potential pain and suffering damages, and provide personalized legal advice tailored to your situation. Our experienced team is here for you and your family and will work tirelessly to build a strong case on your behalf.
Don’t bear the burden of pain and suffering alone – let us fight for your rights. Contact the Law Offices of Alan LeVar today to schedule your free consultation and take the first step towards seeking the justice and compensation you deserve.