If you’ve been hurt in an accident in Louisiana, you may hear the term “pain and suffering” when talking about your personal injury case. But what does that mean, and how do lawyers or insurance companies determine how much it’s worth? This article breaks down everything you need to know in simple terms. You’ll learn what pain and suffering includes, how it’s calculated, and how a personal injury lawyer can help you get what you deserve.
What Is Pain and Suffering?
Pain and suffering is the physical and emotional struggles a person goes through after being injured. This goes beyond just hospital bills or missed work. It includes things like:
- Physical pain from your injuries
- Emotional distress, like anxiety or depression
- Trouble sleeping
- Loss of enjoyment of life
- Relationship struggles or changes in your daily life
These are very real problems, even though they’re harder to prove than things like a broken arm or lost wages. Pain and suffering damages are meant to cover the physical and emotional pain of an accident.
The Two Main Methods to Calculate Pain and Suffering
Pain and suffering damages are not based on exact numbers. There’s no receipt or invoice to show how much you’ve hurt. Still, insurance companies and courts use a few standard methods to come up with a fair amount. The two most common methods are the multiplier method and the per diem method.
The Multiplier Method
With this method, you start by adding up all your economic damages—that means your medical bills, lost wages, and other costs. Then, that total is multiplied by a number usually between 1.5 and 5. The number used depends on how serious your injury is. The more serious and long-lasting the injury, the higher the multiplier.
The Per Diem Method
This method uses a daily rate instead of a multiplier. A set amount is chosen to represent what your pain and suffering is worth per day. Then, that amount is multiplied by the number of days you’ve been recovering. The per diem method puts a daily dollar value on your suffering until you recover as much as possible.
What Insurance Companies Use
Many insurance companies rely on computer programs to come up with a value for pain and suffering. These programs use data from similar cases and the details of your injury to suggest an amount. The problem is, computers can overlook emotional issues, long-term trauma, or personal losses that don’t show up in medical reports. That’s why it’s important to have a lawyer who can defend your rights and fight for a fair result.
What Affects the Value of Pain and Suffering?
There is no one-size-fits-all answer. Every person is different, and so is every injury. Here are some things that can affect your pain and suffering:
- The severity of your injury: Serious injuries with long recoveries or permanent damage usually lead to a higher recovery.
- Recovery time: Longer recovery times mean more suffering, which can raise the amount.
- Emotional or mental issues: If you’ve developed depression, anxiety, or PTSD after the accident, that can increase the value.
- Lifestyle changes: If you can no longer enjoy hobbies, work, or do simple things like drive or care for your family, your suffering will be greater.
- Evidence you can provide: Personal journals, doctor’s notes, mental health reports, and testimony from friends or family can help prove how much you’ve suffered.
- Your age and health: Younger people who face lifelong effects may receive more than someone near retirement.
- Your role in the accident: If you were partly at fault, your damages might be reduced.
Many personal and case-specific factors go into deciding how much your pain and suffering is worth.
Contact a Baton Rouge Personal Injury Lawyer at Mansfield Melancon Car Accident and Personal Injury Lawyers for Legal Help
Pain and suffering damages are an important part of any personal injury case in Louisiana. They can help recover compensation for the physical and emotional impact of your injuries.
Contact Mansfield Melancon Car Accident and Personal Injury Lawyers at (225) 263-4787 to schedule a free consultation with a Baton Rouge personal injury lawyer.
