Can I Get Compensation for Pain and Suffering in Louisiana?
The phrase “pain and suffering”applies to the world of personal injuries. However, few people fully understand what this phrase truly means. It is certainly possible to obtain compensation for pain and suffering following a personal injury. However, your Louisiana personal injury attorney must be able to prove your injury actually resulted in pain and suffering as defined by state law.
Compensation for pain and suffering means to provide money for the negative impact the incident caused to the plaintiff (the injured party). Pain and suffering includes the physical pain caused by the injury, the strain recovery puts on relationships with family members, the inconvenience of being injured, and the inability to partake in daily activities.
Even depression, anxiety, and other mental health issues causally related to the accident can lead to financial compensation as each falls under the umbrella of the pain and suffering legal term. Examples of mental health problems that qualify for compensation according to the definition of pain and suffering range from insomnia to worry, grief, fear, and diminished enjoyment of life.
Once the courts prove pain and suffering, the challenge becomes deciding upon the appropriate amount of compensation. In most cases, the courts use a daily rate method or a multiplier method to ensure adequate compensation.
The multiplier method involves an analysis of medical bills including the cost of surgery, medications, treatment, physical therapy, and follow-up care. Then multiplied by a figure between one and five.
Severe injuries and those of the permanent variety have the highest possible multiplier. Alternatively, injuries that are temporary and likely to fully heal such as a broken bone, have lower multipliers.
When gauging pain and suffering with the daily rate method, a victim is provided with a set amount for each day injured. The courts base this on what the injured party would earn if capable of working an entire workday.
You will need a seasoned attorney on your side to prove your pain is related to the accident in question. That attorney will help gather evidence for your claim. This evidence helps to prove the accident is the cause of your pain and suffering.
Evidence used can include:
- photos or personal journal entries that detail the injuries/pain,
- proof of treatment from a mental health counselor, and more.
Pain and Suffering in Louisiana
Awards for pain and suffering are categorized as non-economic. Therefore, plenty of states have payout maximums. Thankfully, Louisiana does not put such a cap on pain and suffering damages for those injured in personal injury claims involving automobiles.
However, Louisiana does have a $500,000 cap for medical malpractice cases.
Louisiana Personal Injury Attorneys
If you suspect another party’s lack of due care, even partially, for your pain, contact us today. We can help you obtain justice including financial compensation.