Compensation Available for an Auto Accident in Arkansas


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For car accident victims, it is often unclear what types of compensation (money) is available through the at-fault driver’s insurance company. Too often, insurance companies are reluctant to assist you in navigating the claims process, simply because claims cost them money. Having a basic understanding of the types of compensation available to car wreck victims can go a long way in negotiating with the at-fault driver’s insurance company. However, it is often necessary that you hire an Arkansas personal injury law firm to assist you in the insurance claim and possibly the litigation process. This is a brief overview of the general types of insurance compensation available in Arkansas after a car accident.

Property and Car Damage

This is the type of compensation most individuals all familiar with. For car accidents where no injuries were sustained, you will likely be pursuing money for the damage that was done to your car. Commonly, this will be the costs associated with repairing the damage incurred in the accident, but in some cases where the repair bill exceeds the value of the car itself, it may be the cost of replacing your car.

In Arkansas, the measure of damages for a car or truck damaged in an auto accident is the difference in the fair market value of your car or truck immediately before the incident and immediately after the incident, plus a reasonable amount for the loss of use. In determining any difference in market value, you, a jury, or a judge may take into consideration the reasonable cost of repairs to the damaged vehicle.

Determining the amount of money for car replacement or loss of market value is usually done by researching sale prices of comparable automobiles in your area. You should always do your own research as far as “comps”, to ensure your get a fair settlement for the damage your vehicle sustained. It’s generally a good idea to talk to a local car accident attorney to help evaluate your property damage claim against the at-fault driver or insurance company.

Medical Expenses for Injuries Sustained

For car accidents or car wrecks involving injuries, insurance claims can get much more complicated. Injuries often have long-term impact and it can be difficult to determine the appropriate amount of compensation due to you. For example, something you initially believe is only a simple “stiff neck” that later is diagnosed as a significant “soft-tissue” injury can come back to haunt you if you settle your insurance claim to early. Once your insurance claim is settled, unfortunately, you’re on your own. Any additional medical bills you incur due to future treatment will have to come out of your pocket. Thus, it is important that you have all of the information regarding your injuries and meet with a personal injury attorney before you settle your case.

In Arkansas, you can recover money for medical damages sustained in an auto accident or car wreck. Some examples of medical damages that can be recovered from the at-fault party or insurance company are past and future medical bills and past and future prescription bills. It’s generally a good idea to talk to a car accident attorney to help evaluate your case if you have incurred medical expenses as a result of an Arkansas auto accident.

Lost Income or Earnings

Another type of compensation has to do with any lost time from your place of employment resulting from a car accident or car wreck or any related injuries. For example, in Arkansas you can obtain money damages from the at-fault driver or insurance company to compensate you for past and future loss of earnings or profits and loss of earning capacity. In cases where serious physical injuries were sustained, lost income and loss of earning capacity can justify a significant amount of money owed to you by the at-fault driver or insurance company. If you suffer serious personal injuries in an auto accident or car wreck, it could be months before you’re able to go back to work and it’s important that you receive the compensation you deserve.

Compensation for Pain, Suffering, and Mental Anguish

Also related to car accident injuries, Arkansas tort law allows for a victim of a car wreck to recover money for pain, suffering, and mental anguish caused by the auto accident. For example, if an accident causes long-term back pain or neck pain, or even permanent pain, then the extent of the injury can be taken into account when determining the amount of compensation owed to you by the at-fault driver or insurance company for the accident claim.

Often it is difficult to determine the amount of money owned to you for pain, suffering, or mental anguish incurred as a result of an auto accident. Whenever injury is involved, it always a good idea to take a few minutes and talk to an Arkansas injury attorney, such as Moffitt & Phillips, PLLC, to see if an experienced car accident attorney can help you resolve your accident insurance claim or personal injury lawsuit.

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVAULATE ANY POTENTIAL ARKANSAS AUTO ACCIDENT MATTER, ARKANSAS CAR WRECK MATTER, ARKANSAS INSURANCE COVERAGE MATTER, OR ANY OTHER LEGAL OR INSURANCE MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2009

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