A major component of many personal injury claims and other civil lawsuits is non-economic damages. More specifically, plaintiffs often claim damages for the pain and suffering they endured because of the defendant’s actions. Since these damages are not always tied to monetary costs, and they are highly subjective, calculating them can be difficult, and you should seek help from an attorney.
Pain and suffering in Louisiana is commonly calculated using one of two methods. The multiplier method involves multiplying your economic damages by a designated multiplier figure, usually from 1.5 to 5. The more severe your pain and suffering, the higher the multiplier figure. The per diem method involves assigning a dollar amount to each day you experienced pain and suffering. Both methods have pros and cons, and an attorney can help you determine which method will be most beneficial to your case.
Start your case with a free, confidential legal review from our Lafayette, LA personal injury lawyers by calling the Schoenfeld Law Firm at (504) 688-7760.
How Do Courts in Louisiana Determine Damages for Pain and Suffering?
Pain and suffering are crucial claims in many lawsuits, but they can be challenging to evaluate because they are not always tied to money and are highly subjective. Most commonly, courts employ the multiplier or per diem methods for calculating these damages.
Multiplier Method
Many courts use the multiplier method to determine the value of non-economic damages like pain and suffering. Using this method, a multiplier figure will be assigned to your damages. Generally, this is a number from 1.5 to 5. The more severe your case and injuries, the higher the multiplier figure may be.
Your economic damages may then be multiplied by this figure to get the value of your non-economic damages. Your attorney can help you argue that a higher multiplier figure is necessary, thereby maximizing your compensation for pain and suffering.
Per Diem Method
The per diem method assigns a dollar value to each day you experience pain and suffering. For example, your attorney can argue that each day is worth $100. If you can prove that you experienced pain and suffering for 60 days, your non-economic damages may be valued at $6,000.
This may be a more advantageous method for those who have experienced pain and suffering for a long time. It may also be useful for those whose experiences were lengthy but temporary, and who have a clear end date for their pain and suffering.
Nature of Your Injuries
The method we use to calculate your damages for pain and suffering may depend on the nature and severity of your injuries.
The multiplier method may be more useful when your pain and suffering have no clear endpoint, or your injuries come with permanent complications. The greater your injuries and the deeper your pain, the higher the multiplier figure should be. This method is also great for those whose economic damages are substantial.
The per diem method may be better suited for plaintiffs whose pain and suffering are ultimately temporary. Your injuries may eventually heal, and your pain may subside. If we can argue for a higher dollar value to be assigned to each day of your pain and suffering, we can hopefully maximize your compensation.
What Factors Are Considered When Calculating Damages for Pain and Suffering?
Determining the best way to calculate your damages for pain and suffering may depend on various factors surrounding your case. Your attorney can help you determine which factors are important and how to use them to your advantage.
Severity of Injuries
More serious injuries are typically associated with higher damages for pain and suffering. A broken arm may be painful, but an amputated arm is inarguably worse and will almost certainly warrant greater damages for pain and suffering.
Similarly, any injuries that come with long-term or permanent complications may warrant higher non-economic damages for pain and suffering.
Duration of Recovery and Pain
We must also consider how long it will take you to recover from your injuries. Additionally, we must consider your maximum level of recovery.
The longer it takes for your injuries to heal, the longer you may experience pain, suffering, and distress. Also, if your injuries are not expected to fully recover, you may live with certain limitations for a long time or possibly forever. In such a situation, damages for pain and suffering should be higher.
Quality of Life
Whether your injuries recover or not, you may experience a decline in your quality of life. Injuries can make life much harder in many ways. You may have new physical limitations, or the accident may weigh heavily on your mind, affecting your mental health.
Talk to your attorney about how to consider your quality of life when arguing for non-economic damages. It may be a good idea to speak to a mental health professional.
FAQs About Calculating Damages for Pain and Suffering in Louisiana
How Are Damages for Pain and Suffering Calculated in Louisiana?
Damages for pain and suffering are often calculated using the per diem or multiplier methods. The per diem method involves assigning a dollar value to each day of your pain and suffering. The multiplier method involves multiplying your economic damages by a figure based on the severity of your injuries.
What is the Best Method for Calculating Damages for Pain and Suffering?
The best method will depend on your case and specific needs. For some, the per diem method is better because their pain and suffering have a clear end. For others, the multiplier method may be preferable when there is no clear endpoint and economic damages are significant.
What Factors Should I Consider When Calculating Damages for Pain and Suffering?
Important factors to consider include, but are not limited to, the severity of your injuries, the duration of your recovery, and the effect of your injuries on your overall quality of life.
What is Considered Part of Pain and Suffering Claims in a Louisiana Personal Injury Case?
Pain and suffering may encompass a wide variety of injuries and claims. Many people claim damages for physical pain, emotional distress, psychological injuries (e.g., depression, PTSD, panic attacks), humiliation, and more.
How Do I Prove My Claims for Pain and Suffering in a Lawsuit?
Proving your claims requires evidence of your injuries and your personal experiences after the accident. We may present medical records to prove how badly you were hurt, but you will likely need to testify regarding how the accident has affected your daily life.
Contact Our Louisiana Personal Injury Lawyers to Discuss Your Claims
Start your case with a free, private legal evaluation from our New Orleans, LA personal injury attorneys by calling the Schoenfeld Law Firm at (504) 688-7760.
