What is a “loss of relationships” claim?

Loss of relationships is a type of non-economic damage that can be claimed when someone has suffered a traumatic brain injury (TBI) in Arkansas. This claim is meant to give an individual financial compensation for the loss of significant personal or social relationships due to the TBI. This might include the loss of an existing relationship, such as a marriage, or the inability to form new relationships, such as making new friends. When making a loss of relationship claim, an individual must demonstrate that the TBI caused or exacerbated the loss of the relationship. This can be done by providing evidence that the nature of the relationship has changed; that the relationship has suffered because of the TBI; or that the TBI has caused a decrease in the quality of life of either party. While the courts in Arkansas have recognized the value of relationships, they have also set limits to the amount of compensation that a plaintiff can receive for a loss of relationship claim. This includes a cap on compensatory damages, meaning that the amount of money awarded cannot exceed a certain amount. The court can also award damages to help restore or rehabilitate the relationship, such as counseling or other therapy. In addition, the Arkansas court may also consider the age of the relationship when deciding the amount of damages awarded in a loss of relationship claim. For instance, the amount of compensation may be less for a recently formed relationship than an existing long-term relationship. Ultimately, it is up to the court to determine the appropriate amount of compensation.

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