What is a Fair Settlement for Pain and Suffering in Louisiana?

If you or a loved one has been injured in a vehicle accident, you know that car repair and medical bills are only part of the story. The recovery and healing process from a personal injury can take time, and you deserve justice for the pain and suffering you’ve endured. However, determining your rights and a fair settlement for pain and suffering can be challenging, as it involves non-economic damages that are more difficult to quantify.

At Pierce & Shows, our experienced personal injury attorneys in Baton Rouge are here to help you understand what constitutes a fair settlement for pain and suffering in Louisiana. Our team of knowledgeable advocates can guide you through the process and ensure you receive the compensation you deserve.

In an automobile or other accident, victims face both economic and non-economic damages, and they could be entitled to compensation. Economic damages refer to financial losses, such as medical expenses, property damage, or lost income due to sustained injuries. Non-economic damages, on the other hand, include pain and suffering—the physical and emotional toll the accident takes on your life.

Pain and suffering are subjective and can be difficult to quantify. You can’t put a price on the time you’ve missed with your family or the events you can no longer enjoy. Here are some examples of non-economic damages that may be considered in your claim:

Your personal injury attorney can help you gather the necessary evidence to prove your pain and suffering and ensure that the insurance company accounts for these non-economic damages in their settlement offer.

In Louisiana, proving pain and suffering requires substantial evidence. Your attorney will help you collect documentation to support any claims you make about potential non-economic damages, such as mental distress or physical pain.

Some examples of evidence that can support your claim include:

Your Baton Rouge attorney at Pierce & Shows will work closely with you to ensure all relevant evidence is gathered and used to strengthen your case.

While no dollar amount can truly make up for the short- and long-term consequences of an accident, insurance adjusters use specific methods to estimate pain and suffering damages. Here are two common methods:

The multiplier method is often used in cases with minor injuries that don’t have lifelong effects. In this approach, your medical expenses are multiplied by a number between 1.5 and 5, depending on the severity of your injuries.

For example, if your medical bills amount to $10,000 and your injuries are considered moderate, an attorney may argue for a multiplier of 2. This would calculate your pain and suffering damages at $10,000 x 2 = $20,000. The final settlement would include both economic and non-economic damages.

A good personal injury attorney can also make a case for a higher multiplier. An insurance company will use the lowest number possible, but our skilled Baton Rouge-based attorneys at Pierce & Shows fight to ensure your pain and suffering are adequately compensated.

The per diem method is another common means to quantify pain and suffering. It calculates pain and suffering based on the number of days you experience symptoms after the accident. A daily dollar amount is assigned to your pain and suffering, and this rate is applied until you fully recover.

For instance, if the daily rate is set at $100, and your doctor determines that your recovery will take 100 days, your pain and suffering damages would be $100 x 100 days = $10,000. Your attorney can negotiate for a higher daily rate based on the severity of your symptoms and their long-term impact on your life.

In Louisiana, the statute of limitations for filing a personal injury claim is one year from the date of the accident, as outlined in Louisiana Civil Code Article 3492. This means that if you wait longer than one year, you may lose the opportunity to seek compensation for your pain and suffering.

It’s important to act quickly and contact an attorney as soon as possible. Waiting too long can result in the loss of valuable evidence, which can weaken your claim.

Our Baton Rouge-based team at Pierce & Shows knows there is no true way to put a price on pain and suffering. However, our experienced and detailed legal professionals at Pierce & Shows are prepared to build and win a strong case for the highest possible reward for your damages. 

Contact us at 225-388-9574 to make the first step to winning your life back.