What You Need To Know About Pain And Suffering Compensation In Louisiana
After a serious trucking accident, you may be suffering from a number of injuries — both physical and emotional — that require medical attention, lifestyle change, and long-term care. Pain and suffering compensation may be available to help facilitate your recovery. To learn more about this type of compensation, consider scheduling a free consultation with Louisiana Law Lady at (504) 470-3511 today.
What Is Covered Under Pain and Suffering Compensation?
Often discussed in trucking accident cases, pain and suffering is a legal term that is used to reference physical and emotional damages, which are some of the general damages that are associated with an injury claim. Pain and suffering not only encompasses the physical pain that you experience after an accident but also the loss of activities that result from your injuries. It can also include certain emotional aspects of being involved in a trucking accident.
Generally, pain and suffering is used to describe some of the intangible, noneconomic injuries that a person sustains due to an accident, such as:
- Psychological suffering. This may manifest in disorders like depression, post-traumatic stress disorder, or insomnia.
- Physical pain
- Shock and emotional distress
- Diminished quality of life
- Persistent grief
There are other categories as well, such as loss of enjoyment of life and mental anguish.
It is important to understand that pain and suffering damages are not used to cover the economic damages you have sustained due to the accident, like medical bills, vehicle repair, or lost wages. Rather, they address the physical pain and emotional distress you have experienced (and often continue to endure) as a result of your injury.
How Is Pain and Suffering Calculated in Louisiana?
While there is no set dollar amount that can truly make up for your pain and suffering after an accident, there are a few methods used to estimate these damages in Louisiana trucking accident cases.
The Multiplier Method
The multiplier approach adds up all the quantifiable economic losses from the accident and then multiplies the sum by a specific rate. Typically this rate is a number between 1 and 5. The more severe the injuries, and the longer it will take to recover from them, the larger the number will be.
For instance, if your medical expenses amounted to $20,000 and your injuries are considered moderate (whiplash, minor fractures, or soft tissue injuries for example), your attorney may argue for a multiplier of two. In this case, your attorney would multiply $20,000 by the multiplier (2) to obtain a sum of $40,000 for pain and suffering damages. The final settlement would include both these economic and noneconomic damages.
The Per Diem Method
Translating to “by the day” in Latin, the per diem approach calculates pain and suffering damages based on the number of days you experience symptoms following the accident. Using this method, a dollar amount is assigned to each day, and this daily rate is applied until you fully recover from your injuries.
For example, if you and your attorney argue that the per diem damages are worth $150 per day, and your doctor estimates that it will take 100 days to recover from your injuries, your pain and suffering damages would amount to $15,000 ($150 x 100).
If your injuries are particularly severe and/or will have a long-lasting effect on your life, then your attorney may be able to argue for a higher per diem rate for your pain and suffering damages. Your daily rate may decrease with time after an accident, highlighting the importance of seeking assistance from an experienced attorney as soon as possible to maximize your potential settlement. The per diem argument can be a good way to quantify general damages to a jury, but it is not allowed in all jurisdictions.
How to Prove Pain and Suffering in Louisiana?
Proving pain and suffering is critical to obtaining maximum compensation following a trucking accident. While liability is determined through an extensive investigation of the crash, there are some different strategies that our attorney uses to prove pain and suffering damages in Louisiana, including:
- Medical records, x-rays, and documentation of any prescription medication related to emotional distress or physical pain
- Written opinions from doctors and experts in a field related to your injuries
- Proof of treatment from a mental health counselor
- Testimony from friends and family discussing your specific pain and suffering
- Journal entries documenting your recovery on a day-to-day basis
Does Louisiana Put a Cap on Pain and Suffering Damages?
No, for cases involving a personal injury accident involving a motor vehicle, there is no legislative cap for pain and suffering damages. However, if juries return verdicts that are multiple millions for pain and suffering, those verdicts frequently end up getting reduced on appeal. In some situations, like cases where the driver was operating a commercial vehicle while under the influence of drugs or alcohol, there may be additional damages that you can pursue on top of economic damages and pain and suffering (see Civil Code Article 2315.4).
Contact an Experienced Trucking Accident Attorney at LA Law Law Today
At Louisiana Law Lady, our attorney is here to help guide you through the complex legal landscape of pain and suffering compensation in Louisiana. To take the first step toward recovering from the physical, emotional, and financial damages you sustained due to the accident, consider booking your free case review at (504) 470-3511 today.