Calculating economic damages, such as medical bills and lost wages, is fairly straightforward when building a personal injury claim, but what about determining non-economic damages like pain and suffering? Although no amount of compensation can make up for the emotional strife of sustaining debilitating injuries, non-economic damages may be substantial after a serious accident, and it is important that you do not overlook them.
If you were injured or lost a loved one due to another person’s recklessness or negligence, contact the Laborde Earles Law Firm. Our attorneys have a reputation for tough litigation, and we will help you fight for the maximum compensation. Call 800-522-6733 to schedule a free case evaluation with a car accident lawyer in Baton Rouge.
Read on to learn two possible ways to calculate damages for pain and suffering:
According to the Louisiana Law Review, the only standard for calculating pain and suffering damages is that the jury must use a reasonable approach when doing so in order to arrive at a fair sum. Many courts consider the per diem method to be both reasonable and easy to calculate, making it a popular approach for quantifying pain and suffering.
To apply the per diem method, your attorney assigns a specific dollar amount to every day that you have to cope with the repercussions of your injuries. In some cases, this amount might be your actual daily earnings, because it is fair to assume that the daily inconveniences of recovering from your injuries are comparable to going to work every day.
For example, if you sustained whiplash in the accident and you must wear a neck brace for two months and then continue taking prescription pain relievers for an additional two months, that means you “suffered” for 120 days. If your daily earnings average out to $200 per day, the court might award you $24,000 in pain and suffering, or $200 times 120 days.
Another popular way to calculate pain and suffering is the multiplier method. In this approach, the court takes the total amount of special damages, which includes both the direct and indirect costs of your injuries, and multiplies it by a set number.
In most cases, the damages are multiplied by a factor of from 1 to 5, depending on the severity and duration of the injuries and on the pain and discomfort that they caused. For example, if you sustained soft tissue injuries like sprains and whiplash, your special damages may be multiplied by a factor of two. More serious or permanent injuries, on the other hand, may result in pain and suffering damages that are five times your special damages. In severe cases, the multiplier may be even higher than five.
If you were a victim of personal injury, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. A car accident lawyer from the Laborde Earles Law Firm can evaluate your case to determine if you have grounds for a claim. We will gather evidence, calculate your economic and non-economic damages, and help you fight for the maximum compensation.
Call 800-522-6733 to schedule a free consultation with a personal injury attorney in Baton Rouge.