Shenandoah, LA – When a personal injury lawsuit reaches settlement negotiations or a jury, the plaintiff will ask for certain kinds of damages. This is compensation that is related to losses created during an accident, however pain and suffering cannot be proven through things like medical bills or wage statements like economic damages can. For this reason, damages for pain and suffering can be more difficult to estimate and predict, especially when future losses need to be projected. Those who need specific advice about the potential amount of compensation available in their lawsuit can meet with an attorney to ask questions.
Estimating pain and suffering
In Louisiana, damages for pain, suffering, and other forms of trauma are sometimes called general damages. State law says that a jury can use a reasonable approach to award damages for pain and suffering, although this phrase is vague enough that it leaves the plaintiff’s attorney much room to argue to come up with an amount. One method to come up with a figure is to take the amount of economic or special damages, and multiply them by a number between one to five based on the severity of the plaintiff’s injuries or disability. The victim may also attempt to estimate an amount based on the number of days, weeks, months, or years that their injuries had caused pain and suffering, or the time frame that they will have to live with these problems in the future. In either case it is clear that very serious injuries will likely result in a much larger pain and suffering award.
Percentage reductions in damage awards
Louisiana law uses the principles of comparative negligence during injury lawsuits. This means that people who are partially at fault for their own injuries can still bring a lawsuit and receive compensation, but their award is reduced relative to their level of fault. This reduction affects both economic and non-economic damages. A person who is mostly at fault for the accident may also lose much of their pain and suffering damages based on these negligence principles. However, this varies based on the facts of each particular accident.
Because pain and suffering is only one aspect of damages, it is important for anyone who is in the process or bringing a lawsuit to also ask their attorney about damages for economic losses or the potential for punitive damages. These damages can affect settlement negotiations depending on the client’s expectations and how much
Louisiana injury attorneys
Miller, Hampton, Hilgendorf is a firm that helps people with their accident lawsuits in Shenandoah and other parts of Louisiana. Their attorneys are available to provide advice to anyone who needs to take formal legal action.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806
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