When people think about what they are owed after a car or truck accident in Louisiana, they tend to focus on the financial costs, such as ambulance bills, emergency room charges, and lost wages. While those losses are real and recoverable, they are only part of the picture.
The physical pain that follows you into every morning, the anxiety that makes it hard to get behind the wheel again, and the life you had before the accident that you cannot fully get back are also compensable under Louisiana law.
This type of harm is known as pain and suffering damages. In many serious injury cases, they represent the largest portion of a victim’s total recovery. They are also the most commonly undervalued by insurance adjusters who work hard to minimize them. An experienced personal injury attorney in Baton Rouge can help ensure that your pain and suffering are fully documented, properly valued, and aggressively pursued.
At Chris Corzo Injury Attorneys, we have the skills, experience, and resources to help you secure the full value of your claim. Call our personal injury lawyers at (225) 999-1111 or visit our contact page to schedule a free consultation and discuss your claim today.
What Pain and Suffering Damages Cover
Pain and suffering are the terms used for non-economic damages. These are the losses that do not come with a receipt or invoice, but can be even more devastating than economic damages. Louisiana law recognizes two broad categories of these damages: physical pain and suffering and mental and emotional pain and suffering.
Physical pain and suffering encompasses the actual bodily pain caused by your injuries, both what you have already experienced and what you are reasonably expected to experience in the future.
Examples include a herniated disc that causes chronic radiating pain, a traumatic brain injury that produces persistent headaches, and a serious fracture that limits your mobility for the rest of your life. All of these injuries represent physical pain and suffering that the at-fault party and their insurer can be held responsible for.
Mental and emotional pain and suffering cover the psychological consequences of the accident and your injuries. Examples of mental and emotional pain are depression and anxiety, loss of enjoyment of life, and loss of consortium. These non-physical injuries dramatically impact a victim’s emotional wellness and should be included in a pain and suffering calculation.
Pain and suffering damages are not luxuries or add-ons. They are legitimate legal injuries recognized by Louisiana courts, and a skilled personal injury attorney will work to document and present every one of them.
How Louisiana Courts Handle Pain and Suffering Calculations
Louisiana courts have several ways of calculating pain and suffering damages in personal injury cases, including the multiplier method, the per diem method, and the jurisprudential method.
With the multiplier method, your total economic damages, such as medical costs, property damage, and lost wages, are totaled and then multiplied by a number. The number used is determined by how seriously the injury has affected your life and typically is between 1.5 and 5. However, in cases of severe or permanent injuries, a higher number may be used.
If the per diem method is used, you do not start with your economic damages. Instead, the court assigns a dollar value to each day you live with pain and suffering and then multiplies that daily rate by the total number of days you have been affected, including days still ahead of you.
The per diem method is particularly effective when there is strong documentation showing the day-to-day reality of living with the injury. The daily rate is often tied to the victim’s daily earnings.
The jurisprudential method involves examining awards made by Louisiana courts in factually similar cases and using those outcomes as reference points for valuing the current claim.
Louisiana appellate courts have established a body of case law that sets general parameters for valuing injuries of various types and severities. Attorneys who regularly handle Louisiana personal injury cases know this body of law and use it strategically.
In practice, these methods are often used together. An experienced Baton Rouge personal injury attorney will examine a case through all methods to identify which approaches yield the strongest foundation for their client’s claim.
Insurance Companies Hope to Minimize Pain and Suffering Claims
Insurance adjusters are not neutral evaluators. They are trained to minimize injury claims. Since pain and suffering damages are subjective, they are a primary target for insurance companies looking to devalue your claim.
Adjusters may characterize injuries as minor or pre-existing. They will focus on any gaps in medical treatment as evidence that the victim is not as seriously injured as they claim.
Many injury victims do not realize the true value of their damages claim until they consult an experienced personal injury lawyer. Insurance adjusters know this and are often quick to offer a low-ball settlement, hoping you will agree to settle your claim for much less than it’s worth.
How Documentation Can Help Protect Your Personal Injury Claim
Building a strong pain and suffering claim requires evidence. Medical records and expert testimony from medical professionals can help establish the nature and severity of your injuries as well as your long-term prognosis. Statements from family members, friends, and coworkers can help establish how an accident has impacted your life.
Additionally, when injury victims use a journal to document their day-to-day experiences after an accident, including their pain levels, emotional struggles, and the way the injuries are impacting them daily, it can carry significant weight in establishing and valuing their pain and suffering damages.
Contact a Baton Rouge Injury Lawyers at Chris Corzo Injury Attorneys Today
At Chris Corzo Injury Attorneys, we believe that every form of harm you have suffered deserves to be compensated. Our Baton Rouge personal injury lawyers have the experience, skills, and resources to build your best case and help you secure maximum compensation.
Call a injury attorney in Baton Rouge today at (225) 999-1111 or visit our contact page to schedule a free consultation and discuss your claim.