How Are Pain and Suffering Damages Calculated in a Louisiana Personal Injury Case?
Posted on Nov 30, 2018 in Personal Injury
After you’ve been seriously injured in a car accident or other traumatic incident, not all of your losses show up on hospital bills, receipts, or the paychecks you lost because you were unable to work. You may have lost mobility or the ability to do the day-to-day routines of ordinary life. You may be in constant physical pain. Perhaps the emotional and psychological scars you suffer are as impactful as your physical injuries. Your relationships may become frayed and you may no longer be able to enjoy life as you once did – all because of someone else’s negligence.
In a personal injury suit, “economic losses” such as medical costs, rehabilitation expenses, and past and future lost wages are relatively easy to calculate. But what is the value of not being able to play with your kids? What dollar amount is equivalent to never-ending pain or embarrassment? How do you calculate the loss of intimacy?
That is the challenge faced by Louisiana judges and juries when trying to award compensation for “non-economic” damages, including what are known as “pain and suffering” damages.
Factors Considered in Awarding Pain and Suffering Damages
Pain and suffering damages in Louisiana are typically calculated based on the severity of the accident and resulting injury and the expected length of time it will take to fully recover from the injuries.
While there is no magic equation for calculating Louisiana pain and suffering damages, some of the factors considered include:
- Cost of medications needed to treat physical and mental pain
- Expected limitations and restrictions on the victim’s day-to-day life
- The injury’s impact on the victim’s ability to sleep
- The injury’s effect on the victim’s relationships with loved ones
- The victim’s prognosis for the future
- Past and future mental anguish
Evidence Needed to Prove Extent of Pain and Suffering
Given how difficult it can be to quantify the nature and extent of an injury victim’s pain and suffering, the evidence needed to prove those damages needs to be as compelling, detailed, and thorough as possible. The more evidence you can preserve, gather, and produce to support your claim, the better your chances are of recovering damages that fully reflect your hardships.
Types of evidence that can be powerfully effective in proving pain and suffering damages include:
- Photos of the injury victim before and after the accident
- The victim’s personal diaries or journals in which they contemporaneously describe their physical and emotional state
- Letters or testimony from family, friends, and colleagues explaining how the personal injury has negatively impacted the victim’s life
- Proof of mental health treatment
Bloom Legal: New Orleans Personal Injury Lawyers
At Bloom Legal in New Orleans, we understand the struggles that come with a life-changing injury. While no amount of money can ever fully compensate you for the pain and suffering you endure, an award of damages for your losses can provide comfort and the resources that can help you move forward. That is why we fight tirelessly to get the maximum amount of damages recoverable for Louisiana injury victims
Contact Bloom Legal today at 504-599-9997 or through our contact form to arrange for your free consultation to discuss the details of your claim.