Arkansas: What Counts as Economic vs. Non-Economic Damages

Neither category has a cap here — but the split still matters, since the multiplier method is applied specifically to one of them.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In an Arkansas personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: physical pain and suffering, mental anguish, loss of enjoyment of life, and, where applicable, a spouse's loss of consortium. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Why the distinction still matters, even with no cap

In a state that caps non-economic damages, this split decides what's limited and what isn't. Arkansas's constitution removes that particular stake — neither category is capped. But the distinction still matters practically: the multiplier method is applied to your economic damages total specifically, so an incomplete economic tally still understates the entire claim, not just that one category.

Future costs count too

Anticipated future medical treatment tied to the injury — a planned surgery, ongoing physical therapy, or expected lost earning capacity — is generally treated as an economic damage alongside expenses already paid, provided it's reasonably supported by medical documentation.

Property damage usually runs on its own track

Vehicle repair costs and other property damage can technically be part of the overall economic damages picture, but in practice they're frequently resolved separately and faster, through the auto insurance claims process, rather than bundled into the longer timeline of an injury settlement.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in an Arkansas personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in an Arkansas personal injury claim?

Non-economic damages cover losses that aren't a specific dollar receipt — pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium for a spouse.

Does Arkansas limit non-economic damages differently than economic damages?

No. Article 5, Section 32 of the Arkansas Constitution bars capping either category, so the distinction doesn't carry the financial stakes it does in a capped state — but it still matters for how the multiplier method applies.

Does future medical care count as an economic damage in Arkansas?

Yes. Anticipated future medical treatment tied to the injury is generally treated as an economic damage, alongside expenses already incurred.

Is property damage, like vehicle repair costs, part of the settlement calculation?

It can be, though property damage is frequently resolved separately and more quickly through the auto insurance claims process, rather than folded into the broader injury settlement timeline.

This page provides general guidance only and is not legal advice. Figures are based on general US personal injury damages categories and Article 5, Section 32 of the Arkansas Constitution, verified per our methodology. Confirm what counts toward a specific claim with a licensed Arkansas attorney before acting.