The amount you can sue for pain and suffering depends on the circumstances of your accident and the extent of your injuries. Before you attempt to file a case for pain and suffering, make sure you have a basic understanding of what pain and suffering is and what you are allowed to claim in Louisiana.
A car accident lawyer can help you determine what you can claim as pain and suffering and how much your case is worth. Your attorney can help you avoid common mistakes that victims make when suing for pain and suffering.
Pain and Suffering in a Personal Injury Case
Louisiana Civil Code (CC) §2315 requires that any party who harms a victim provides compensation for the harm they have committed. Damages for a personal injury often include medical expenses or lost wages. However, they also include pain and suffering that a victim may endure during their recovery.
Pain and suffering is a legal term for the physical pain or emotional stress caused by the injury.
For a free legal consultation, call (337) 777-7777
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:
If you are injured in a car accident, you may sustain severe injuries that last for several weeks or months. In some cases, the pain is permanent due to a disability. The at-fault party should be responsible for compensating you for the physical pain that you endure.
Emotional or Mental Trauma
A car accident can lead to emotional or mental trauma. In addition to the event, 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 event that can affect your career and personal life on many levels. Even when you recover, you may no longer 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 in a car accident can have a significant impact on several areas of your life. For instance, you may be able to claim loss of consortium, loss of parental support, or even loss of enjoyment of life.
How a Lawyer Can Help You with Your Case
One of the most common mistakes that injured people make when pursuing a car accident case is allowing the insurance company to determine the value of the claim. An injury lawyer can protect your rights and fight for fair compensation that accounts for all your damages, including pain and suffering.
An attorney can help you with your case in the following ways:
- Investigate your claim 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
To win your case and recover the pain and suffering and other damages you deserve, your attorney will need to make a connection between the accident and how it caused your damages and pain and suffering. 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 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.
Contact a Car Accident Lawyer
Laborde Earles Injury Lawyers provides legal services for victims of vehicle accidents. We can help you assess your damages so that you receive the compensation you deserve. To find out more about our legal options, call (318) 777-7777 and get a free consultation.