The amount of money you can sue for pain and suffering depends on the circumstances of your accident and the extent of your injuries. However, there is no cap on awards for pain and suffering in Louisiana. Before you attempt to file a case for pain and suffering, make sure you understand what pain and suffering is and what you are allowed to claim in Louisiana.
A personal injury lawyer can help you determine what you can claim as pain and suffering and how much your case is worth. Your attorney can also help you avoid common mistakes victims make when suing for pain and suffering.
Pain and Suffering in a Personal Injury Case
CC Art. 2315 requires any party who harms a victim to provide compensation for the harm they have committed. Damages for a personal injury often include medical expenses or lost wages. However, they can also include any pain and suffering a victim endures during their recovery.
Pain and suffering is a legal term for the physical pain and emotional stress that injuries can cause. For example, if you suffered a broken leg in a car accident, your immediate pain, your ongoing pain, and any emotional or mental strain you suffer could be considered pain and suffering damages.
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Pain and Suffering in a Wrongful Death Case
Our firm handles both personal injury cases and wrongful death cases. You may be able to claim pain and suffering in either case.
If you lost a loved one in an accident, and if your loved one experienced pain and suffering, you may be able to claim pain and suffering and other damages in a wrongful death case. For example, if your loved one suffered and died due to head trauma, you may be able to claim pain and suffering.
You may also be able to claim pain and suffering-related damages for yourself if you suffered due to your loved one’s death. For example, you could claim emotional pain, loss of companionship, loss of consortium, loss of parental support, or other damages.
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Pain and Suffering Damages You Can Claim
Pain and suffering falls under general damages and can encompass a wide range of physical or emotional pain or losses such as:
Physical Agony
If you were injured in a car accident, you may sustain severe injuries lasting for several weeks or months. You may even suffer a permanent disability with pain that won’t go away. The at-fault party should be responsible for compensating you for the physical pain you endure.
Emotional or Mental Trauma
A personal injury accident can lead to emotional or mental trauma. In addition to the event itself, suffering a permanent injury, the uncertainty of the future, or unwelcomed changes in your life can lead to anxiety or depression.
Disability or Dismemberment
Disability is a life-altering situation that can affect your career and personal life on many levels. Even when you reach maximum recovery, you may no longer be able to go back to the work you were performing before the car accident. This can have a devastating impact on you and your family. For this reason, disability or dismemberment may be recoverable in personal injury cases.
Overall Decline in Quality of Life
Suffering an injury can significantly impact several areas of your life. You may be able to claim loss of enjoyment of life or lost quality of life.
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How a Lawyer Can Help You with Your Case
One of the most common mistakes injured people make when pursuing a car accident case is allowing the insurance company to determine the claim’s value. An injury lawyer can protect your rights and fight for fair compensation that accounts for all of your damages, including pain and suffering. An attorney can help you with your case in the following ways:
- Investigate your incident to retrieve evidence and build your case
- Identify the at-fault party that caused the accident
- Establish how the accident led to your injuries
- Calculate your damages based on all of your losses
- Calculate fair pain and suffering compensation
- Negotiate a settlement with the insurance company
- Represent you in court, if necessary
To win your case and recover compensation for pain and suffering and other damages you deserve, your attorney will need to connect the accident and your damages. The legal team at Laborde Earles Injury Lawyers can investigate your accident, obtain evidence, and negotiate a settlement with the insurance company.
You can help by documenting your case and providing accurate details of how the injury has impacted your life. Keep a daily journal, save all medical documents, and consult your attorney. Documenting the accident, your injuries, and the aftermath could help you win your case and recover damages.
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Calculating the Value of Pain and Suffering Damages
It can be very difficult for a victim to give a monetary value to their pain and suffering. Your pain and suffering may seem immeasurable to you, but a lawyer from our firm can help. Your lawyer can use one of two methods to determine an approximate value for your pain and suffering damages and any other non-economic damages.
The Multiplier Method for Calculating Pain and Suffering
This is a common method lawyers use for calculating damages like pain and suffering. With this method, your lawyer will take the total amount of your economic damages and multiply it by a certain factor to determine the value of your non-economic damages. This factor can vary depending on:
- The severity of your injuries
- The effects your injuries have had on your life
- The degree of fault the other party involved in your case has
- Your degree of fault in your incident
The Per Diem Method for Calculating Pain and Suffering
The per diem method, also known as the daily rate method, is also commonly used. In this method, your lawyer may look at your daily earnings and develop a comparable allowance. You may receive this allowance over some days or weeks while you recover from your injuries.
Avoid Using a Car Accident Settlement Calculator
If you were in a car accident, you may want to calculate your damages. However, you should avoid using a car accident settlement calculator because it won’t be able to calculate non-economic damages, like pain and suffering, accurately.
These calculators simply can’t gather enough information to give you an accurate estimate. Instead, consult a lawyer from our firm.
You Have a Limited Time to Sue in Louisiana for Pain and Suffering
You may have to act soon to meet the deadline that applies in your case. If you want to file a personal injury lawsuit, you have only one year from the date of the incident to file, per CC Art. 3492. You also have only one year to file a wrongful death lawsuit, per CC Art. 2315.2.
Contact Laborde Earles Injury Lawyers Today
Laborde Earles Injury Lawyers provides legal services for victims of vehicle accidents and other incidents. We can help you assess your damages so you can seek the compensation you deserve. To learn more about your legal options, contact us and get a free consultation.
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