If someone injures you, you may be entitled to money for your injuries. Our American legal system allows for money compensation for a person injured through the fault of another. In almost all cases you do not owe any attorney fees unless you receive a money recovery.

The law allows such claims in order to help innocently injured people. It recognizes the change in your life caused by your injury, whether it be a broken bone, a ruptured disk, a long-term back strain or some other type injury.

It is true that no amount of money can "make you whole" for what the injury does to your life. However, the law recognizes that a money recovery can help you in dealing with the many new problems brought on by your injury.

I. BASIC REQUIREMENTS

There are two basic requirements in order to obtain money for your injury:

  1. Your injury must have been primarily caused by the fault of someone else;
  2. The person who causes your injury must have insurance or some other means for paying your claim.

II. TYPES OF MONEY DAMAGES

Listed below are some of the aspects of your injury for which you may recover money damages:

Your spouse may also have a claim if your injury deprives him or her of some of the important help you normally provide in the marriage. In some cases punitive damages may be recovered (see section IV below).

For additional elements of damages available in the event of wrongful death, please read our article entitled "Arkansas Wrongful Death Claims"

III. SPECIFIC INSTANCES

Injury claims are most commonly made as the result of car wrecks. However, they are also available in other situations where someone else's fault causes your injury. Examples would include nursing home injury, dangerous products, medical carelessness, and dangerous property conditions.

Such claims are generally not allowed against your own employer if your injury happens at work. This is because your employer must provide you workers' compensation benefits, even if you are at fault in causing the injury. Workers compensation benefits are more limited than the money benefits you may claim when someone injures you away from work.

However, you may have an injury claim against someone else even in the case of a work injury. Suppose an employee is injured while operating dangerous machinery at work. He may have a claim against the manufacturer of the machinery, in addition to the workers' compensation benefits he is entitled to receive from his employer.

IV. ADDITIONAL INFORMATION

If you were partially at fault, you will still have a claim so long as the other person is more at fault than you.

You may also be able to get punitive damages if your injuries result from flagrantly bad conduct. Punitive damages are money damages designed to punish the wrongdoer, and are in addition to the money you receive for medical bills, lost wages, etc. discussed in section II above.

Punitive damages may be available if the person who injured you has been drinking, or if the company which designed your car deliberately omitted safety features in order to cut costs.

Our American system for recovery benefits the public as well as the injured person. (e.g. by discouraging people from drinking and driving, companies from putting dangerous products on the market, and by encouraging doctors to provide proper care for their patients).

Those who criticize our system of money recovery are usually people who are fortunate to have never experienced such injuries, or insurance companies and other with a vested interest in reducing the amount of money going to injured victims. Our legal system provides strong safeguards, including the jury trial, to protect against fraudulent claims.

It is important to hire a lawyer skilled in the investigation, preparation and valuing of such claims. Often your claim can be settled outside of court. However, your lawyer should be committed to taking your case to trial if necessary. You should avoid attorneys who are interested only in quickly settling claims, regardless of their true value.

We provide statewide representation in Arkansas. If you have been injured and do not have an attorney, please call us at 479-968-4747 or 888-295-4741 for a free evaluation of your case. In case of very serious injury or death, we can also assist with out-of-state claims. Feel free to contact us.

Copyright (c) 2011, Jim Carfagno, Jr., P.A. All rights reserved.

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