In personal injury cases, there are two categories of damages available under Louisiana law: compensatory and punitive. Compensatory damages include economic damages and non-economic damages; punitive damages are intended to punish the defendant for particularly egregious behavior.
Pain and suffering is a type of non-economic damage that is meant to compensate the plaintiff for:
- Serious pain endured as a result of the injury;
- Depression, anxiety, and other mental health problems resulting from the injury;
- Adverse effects the injury had on relationships with loved ones; and
- The inconvenience caused by the injury.
Pain and suffering is more subjective than economic damages such as medical bills and lost income, which are objectively verifiable. As such, recovering fair compensation for pain and suffering requires exceptional litigation skills. This is where an accident lawyer can help.
If you were a victim of personal injury and you intend to file a claim, contact Laborde Earles Law Firm. Our legal team will evaluate your case, gather evidence, calculate your damages, and help you pursue the maximum compensation. Call 800-522-6733 to schedule a free initial consultation with a personal injury attorney in Baton Rouge.
How to Calculate Pain and Suffering Damages
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There are two approaches that your attorney might take when calculating your pain and suffering damages: the per day approach or the multiplier approach. The per day approach assigns a fixed dollar amount to each day of your recovery. The daily rate typically depends on the amount of income you would earn if you worked a full day. For example, if your daily income is usually $180 and you are unable to work for eight weeks, or 56 days, your attorney might pursue $10,080 in pain and suffering damages.
The first step when using the multiplier approach is to calculate the value of your medical bills. Your lawyer would multiply that amount by a number between 1 and 5 depending on the severity of your injuries and whether they are permanent or temporary.
Do I Need to Hire a Personal Injury Attorney to File My Claim?
You are not required to hire an accident lawyer to file a personal injury claim; however, if you forget to include future damages, non-economic damages, or punitive damages in your claim, you could wind up recovering much less than you deserve.
One small mistake during the claims process, such as accepting a settlement too early or making a recorded statement to the insurance adjuster, could severely harm your claim. An experienced accident lawyer can help you avoid these mistakes and fight for the maximum payout.
The award-winning attorneys at Laborde Earles Law Firm have the highest legal rating offered by Martindale-Hubbell. They have the knowledge, resources, and courtroom experience to represent your interests.
Call 800-522-6733 today to schedule a free initial consultation with an accident lawyer in Baton Rouge.