How Does a Car Accident Lawyer Calculate Pain and Suffering?
The way a car accident lawyer calculates pain and suffering after an accident may vary according to the state you live in and any damage cap limits applicable to your state. For example, in Louisiana, according to Revised Statutes (RS) §13:5106, non-economic damages are capped at $500,000. The monetary value assigned to your pain and suffering may also vary according to the extent of your injuries, their required recovery time, and the degree of pain you experience now and in the future.
In addition, your compensation for pain and suffering may account for the pain you experience now, and any pain your injuries or their treatments might cause in the future. When you entrust your car accident lawsuit to a personal injury lawyer from our firm, he can explain the methods and calculations he uses to assign a value to this portion of your lawsuit.
Pain and Suffering Is Not Your Only Recoverable Damage
Per the Insurance Information Institute (III), you may sue an at-fault driver for pain and suffering as part of your compensation lawsuit. In addition, the at-fault driver may be responsible for these other forms of non-economic damages:
- Physical impairments or disfigurements
- Mental and emotional stress and trauma
Your lawyer can help you seek compensation for the following forms of economic damages. These may be easier to calculate because they usually require calculating their receipts. Economic damages may include:
- Medical bills to date and for future health care
- Income loss to date and for future treatments
- Repair or replacement of your damaged vehicle
While these damages are easier to calculate, getting their value correct may depend on time and patience. Do not start the settlement negotiation process too early. Instead, wait for all accident-related expenses to become clear to ensure accurate calculation of your overall lawsuit.
Document the Severity of Your Injuries
According to the Centers For Disease Control and Prevention (CDC), nearly three million people were admitted to the hospital because of injuries they sustained in car accidents. As part of your hospital admission and ongoing treatments, your medical records may note and track the severity of your injuries and which pain medications your injuries demand. In addition to your medical records, you may keep a journal of the physical and lifestyle changes caused by the accident.
Your lawyer may request copies of your complete medical file and your personal journal to assist them in documenting your pain and suffering. These documents may be used to prove the degree of your pain and suffering and its value to the at-fault driver and his insurance representative during settlement negotiations.
Get Compensated without Going to Court
You do not have to exacerbate the physical and emotional pain and stress of a car accident with a lengthy court trial. A personal injury lawyer from our team can help you secure a fair settlement from the at-fault driver or their insurer by:
- Handling all insurance forms and submitting proof of liability
- Assigning a comprehensive monetary value to your lawsuit
- Weighing the pros and cons of each offer you receive
- Negotiating with the at-fault party’s insurance company
Do Not Wait to Seek Compensation for Pain and Suffering
When you seek compensation from an at-fault driver, you might benefit from the advice and early involvement of a car accident lawyer from our law firm. The advantages of a personal injury lawyer from our team include their ability to:
- File your lawsuit in time to comply with the statute of limitations
- Adhere to any additional filing deadlines that apply to your lawsuit
- Scrutinize evidence and interview witnesses in a timely fashion
The sooner a lawyer from our team is involved in your pursuit of compensation, the better. Do not hesitate to contact the case review team at a law firm near you right away.
Let Our Team Help Value Your Car Accident Lawsuit
The injuries you sustain in a car accident might lead to significant physical and emotional pain and suffering. The driver who caused your accident may be responsible for compensating you for the damaging effects of the accident.
Contact the case assessment team at Laborde Earles Injury Lawyers to find out how a car accident lawyer calculates pain and suffering as part of your compensation lawsuit. Call (337) 777-7777 today for a free case review.
