How Are Pain and Suffering Damages Calculated?

How Are Pain and Suffering Damages Calculated?

Louisiana personal injury laws can hold a negligent party responsible for the harm and losses they cause to someone. Losses include the financial losses you incur, such as lost wages, medical bills, and other economic damages. Harm includes non-economic damages for the pain and suffering you experience.

Calculating the value of pain and suffering damages can be challenging. Courts, attorneys, insurance companies, and other parties may have different pain and suffering calculators. Since there is no statutory formula for calculating non-economic damages, parties often disagree about the value.

Insurance companies downplay pain and suffering damages to undervalue the claim. Working with an experienced Baton Rouge personal injury lawyer can help ensure you receive an amount that compensates you fairly for non-economic damages.

What Are Pain and Suffering Damages in a Louisiana Personal Injury Case?

What Are Pain and Suffering Damages in a Louisiana Personal Injury Case?

Compensatory damages are an amount awarded by a court to compensate an injured party for their losses. However, putting a price on pain and suffering damages is difficult. The first step is to identify what is included in pain and suffering damages.

Non-economic damages for a personal injury claim include:

Emotional Distress and Mental Anguish

When you are involved in an accident or sustain an injury, the experience can result in emotional distress and mental anguish. As a result, you may experience one or more psychological injuries, such as:

  • Depression
  • Grief
  • Anger
  • Sudden mood changes
  • Post-traumatic stress disorder (PTSD)
  • Anxiety and fear

Emotional distress can cause physical conditions. Some victims may experience insomnia, eating disorders, and high blood pressure. Mental anguish can be overwhelming, especially when injuries cause chronic pain and permanent impairments. A person may need extensive counseling and therapy as part of their treatment plan.

Physical Pain and Suffering

Injuries cause physical suffering and pain. Some injuries result in long-term pain. Injuries that can cause physical pain include:

Documenting your injuries is crucial for proving your case. After an accident or injury, seek immediate medical treatment for your injuries. Report all symptoms to the medical staff so they can be noted in your medical records.

Impairments and Disfigurement

Injuries may lead to permanent impairments and disabilities. They may also result in scarring and disfigurement. These conditions can cause severe depression, anxiety, and emotional distress. A person may be embarrassed about their condition, which can increase mental anguish.

Diminished Quality of Life

A person may experience a loss of enjoyment of life and quality of life because of their injuries. They may be unable to engage in their favorite activities and hobbies. Their injuries may prevent them from caring for their personal needs or family. Depending on the severity of the injuries and impairments, a person may experience life-long problems that decrease their enjoyment of life.

What Types of Personal Injury Accidents Can Lead to Pain and Suffering Damages?

Any injury or accident can lead to pain and suffering. Examples of personal injury claims that can result in non-economic damage claims include:

Documenting your pain and suffering after an accident can help prove damages. Keeping a pain and suffering journal is an excellent way to document your recovery. You can record the struggles you face as you deal with your injuries, including things you cannot do and daily pain levels.

How Much Is My Pain and Suffering Worth?

Everyone experiences pain differently. Therefore, we analyze various factors in your case to help establish the extent of your pain and suffering. Factors that can impact how much your case is worth include:

  • The type of injuries you sustained, including whether you develop an impairment or disability
  • The treatments you receive for your injuries
  • The length of your recovery period
  • Your appearance before and after the injury (i.e., scarring and disfigurement)
  • The impact your injuries have on your daily activities and relationships
  • Whether you develop psychological conditions
  • Whether your injuries impact your ability to work

Generally, the value of a claim increases as the impact on your life increases. For example, the value of damages is typically higher for catastrophic injuries like spinal cord damage than minor injuries that heal within a few weeks or months.

However, every injured party deserves to be compensated fairly for their pain and suffering. An experienced lawyer understands how to use the factors in your case to maximize the value of the claim.

How Are Pain and Suffering Damages Calculated in Louisiana?

Two common methods for calculating pain and suffering damages are the per diem method and the multiplier method.

The per diem method uses a daily figure to assign a value for pain and suffering. The figure is multiplied by the number of days during your recovery. This method may not be the best way to value pain and suffering damages when a person sustains a permanent impairment.

The multiplier method uses the factors in your case to determine a multiplier. The multiplier is a number between 1.5 and five, with five representing the most severe cases of pain and suffering. We multiply the amount of economic damages (i.e., your monetary losses) by the multiplier to assign a value for pain and suffering damages.

What Is the Deadline to File a Claim for Pain and Suffering Damages in Louisiana?

Pain and suffering damages are included in your personal injury claim. Louisiana recently increased the statute of limitations for most personal injury claims from one year to two years. This change gives injured parties more time to file a lawsuit seeking damages for an injury claim.

However, the change only impacts claims that occur on or after July 1, 2024. Claims that occurred before that date have a one-year statute of limitations.

Exceptions to the rule could change the deadline to file a personal injury lawsuit. The new law does not apply to product liability claims. Other exemptions could apply.

If you miss the deadline to file a personal injury lawsuit, you lose the right to pursue a court case. Therefore, seeking legal advice as soon as possible after an injury or accident is in your best interest.

Seek Help From an Experienced Baton Rouge Personal Injury Lawyer

You deserve to be compensated for the pain and suffering you endured because of another party’s negligence. At Palmintier Law Group, we fight for maximum compensation for your pain and suffering. Call us for a free consultation with a Baton Rouge personal injury attorney today at (225) 344 3735.