Summary
In cases of contractor negligence causing property damage, several types of damages may be compensable, such as property damage, personal injury, emotional distress, and loss of use. Calculating a settlement involves considering repair estimates, medical bills, psychological impact, and temporary living costs. Arkansas tort reform laws may cap non-economic damages, but economic damages are generally not capped. Changes in property value and interest rates can also be factored into recovery. Attorney fees are typically not recoverable unless specified by statute or agreement. Consulting a local attorney specializing in negligence cases can provide clarity on these issues.Full Conversation
A contractor who was hired by ATT to install an underground fiber optics drilled through the natural gas main line feeding the neighborhood where I lived in Little Rock, Arkansas and caused an explosion in my home and it burned.
Hi ****, I'm sorry to hear about the situation you're facing. It sounds serious, and you may have a potential case for damages against the contractor or ATT. Would you like to be connected with local lawyers who can assist you with this case?
No. I am wondering what damages may be compensable?
In a situation like yours, several types of damages may be compensable, including:
- Property Damage: Costs to repair or replace your home and belongings.
- Personal Injury: Any medical expenses or injuries sustained.
- Emotional Distress: Compensation for mental anguish.
- Loss of Use: Costs related to living elsewhere while repairs are made.
If you need further assistance, feel free to ask!
How do I know how to calculate what I should expect to receive in a settlement?
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Calculating a settlement can be complex and depends on various factors:
- Property Damage: Obtain repair/replacement estimates.
- Personal Injury: Consider medical bills, potential future care.
- Emotional Distress: Evaluate psychological impact.
- Loss of Use: Include temporary living costs.
Consulting with a lawyer might provide a more accurate assessment. Would you like more information on any specific type of damage?
It is my understanding that Arkansas has tort limits. How does that apply in my case where "neglect" is obvious?
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Arkansas has tort reform laws, including damage caps on certain types of non-economic damages like pain and suffering. However, economic damages such as property repair costs and medical bills are generally not capped. For a case involving negligence, the extent of these caps can vary, and consulting with a lawyer can clarify how they apply to your specific situation. Would you like more information on how to proceed?
I have spoken to attorneys and none of them have been willing to outline what all can be included.
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Your situation involves significant property damage and potential negligence, which makes it a high-value case. Since you've already spoken to attorneys, you might consider seeking a lawyer specializing in negligence cases for more clarity on Arkansas tort limits. Would you like to be connected to local lawyers who can better assist you with your case?
I am still displaced and have not yet been able to get a replacement home. I am currently living with a friend in Florida. The value of property has gone up exponentially since the fire. The interest rates are twice what they were on the fixed rate loan I had with twenty-nine years remaining. Can these significant variables be calculated and included in my recovery?
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Yes, changes in property value and interest rates can be considered when calculating damages, especially if they affect your ability to replace your home or finance a new one.
Would you like to be connected to local lawyers who can better assist you with your case?
Not at this time.
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Given the complexity and potential financial implications of your case, it seems like a high-value situation. If you change your mind about connecting with local lawyers, feel free to reach out. Meanwhile, if there's anything else you need help with, let me know!
Will I be able to recover my attorney fees in addition to my compensation?
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In Arkansas, recovery of attorney fees generally depends on the specific terms of your contract with the attorney and the laws applicable to your case. Typically, attorney fees are not recoverable unless specified by statute or agreement. It might be beneficial to consult a local attorney for detailed guidance.
If you change your mind about connecting with local lawyers, feel free to reach out for assistance!
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