There are two categories of damages available under Louisiana law in personal injury cases: compensatory and punitive. Compensatory damages include economic and non-economic damages; punitive damages intend to punish the defendant for reckless behavior.
Pain and suffering is a type of non-economic damage meant to compensate you (the victim) for the physical, mental, and emotional pain the accident-related injury has caused. Your attorney may use different means to calculate pain and suffering damages on your behalf and then seek compensation via an insurance claim or personal injury lawsuit.
What Constitutes Pain and Suffering in Your Louisiana Injury Case?
Pain and suffering is more subjective than economic damages, such as medical bills and lost income, which are objectively verifiable. Pain and suffering is less tangible and requires a more complex process to determine a value based on your case’s circumstances. Pain and suffering can include:
- Serious pain endured as a result of the injury
- Depression, anxiety, and other mental health issues resulting from the injury
- Adverse effects the injury had on relationships with loved ones; and
- The inconvenience the injury caused
As such, recovering fair compensation for pain and suffering requires exceptional litigation skills. This is where an accident lawyer from our firm can help by first evaluating your case and calculating your pain and suffering damages.
For a free legal consultation, call (337) 777-7777
Two Ways Your Attorney May Calculate Pain and Suffering Damages
There are two approaches your attorney might take when calculating your pain and suffering damages: the per diem method or the multiplier approach.
The Per Diem Method
The per diem method 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.
Keep in mind, the at-fault party’s lawyer or insurance company may argue against the daily rate you and your attorney have submitted. The per diem method does not work for long-term or permanent injuries. In that case, your attorney will place a value on your case and fight for non-economic damages as part of your claim or lawsuit.
The Multiplier Approach
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 one and five, depending on the severity of your injuries and whether they are permanent or temporary.
For example, if you were injured in a motor vehicle accident due to the other driver’s negligence, and your economic damages look like this:
- $300,000 for medical bills (e.g., hospital stays, multiple surgeries, imaging tests)
- $200,000 for rehabilitation
- $60,000 for lost income
Your lawyer may use the multiplier of four due to the severity of your injuries, and the time it will take to recover. In this case, $560,000 for your economic damages multiplied by four equals $2,240,000, which would be the total value of your case. Our injury lawyer will assess your case’s value to determine the best approach so that you seek the maximum compensation for the damages you have incurred.
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 accident lawyer from our firm can help you avoid these mistakes and fight for the maximum payout.
What Our Personal Injury Lawyer Will do for You:
- Investigate the details of your case
- Gather evidence to support your claim
- Determine your case’s value by calculating pain and suffering damages
- Interview witnesses and record their statements
- Hire expert witnesses to testify on your behalf
- Handle all communications with the other side’s attorney and insurance company
- Negotiate with the insurance company
- Take your case to trial if the insurance adjuster will not settle
- Keep you updated on your case’s progress
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Do Not Delay Filing Your Personal Injury Case in Louisiana
Louisiana sets a legal deadline for filing a personal injury lawsuit in civil court. In fact, you only have one year from the date of the injury to file, according to CC Art. 3492. You also have one year to file a wrongful death action per CC Art. 2315.2. This begins on the date of the decedent’s passing.
If you miss the deadline to file, you could lose out on your chance to collect compensation. Our attorney can ensure you are compliant with the statute of limitations and your case is filed on time.
Our Firm has More Than 100 Years of Combined Experience Handling Injury Cases
Our attorneys calculate pain and suffering damages and obtain real results for our clients. Here are just some of the results we have obtained via settlements or court awards for our past clients:
- $10,400,000 – for loss of revenue
- $2,000,000 – for a motor vehicle accident resulting in spinal cord injury
- $5,000,000 – for a driver left paralyzed after an accident
- $900,000 – for a client injured in a car accident
- Every case is different. Our team will analyze your case’s details and fight for the best possible outcome.
Call Laborde Earles Injury Lawyers for Assistance Today
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 best interests.
If you are a victim of personal injury and intend to file an insurance claim or lawsuit, contact Laborde Earles Injury Lawyers today. Our legal team will evaluate your case, gather evidence, calculate your damages, and help you pursue the maximum compensation. Call (337) 777-7777 for your free initial consultation.