Donaldsonville, LA – When someone is hurt in an accident, they can ask for various types of compensation. There are economic losses for the costs of a person’s medical treatment and related losses such as their time away from work and lost income. However, personal injury lawyers in Louisiana and other states can also ask for damages for non-economic losses. This is usually referred to as pain and suffering. After any accident, an attorney can provide more specific advice regarding the types of compensation and amounts that may be available.
What is pain and suffering?
Non-economic damages in a personal injury lawsuit are related to things like the victim’s physical pain associated with an injury, mental trauma or other psychological issues, and other quality of life problems especially if the victim is disabled or sustains serious health issues. While it is not easy to attach a specific dollar amount to these kinds of damages, many attorneys argue for a multiple of the economic compensation, or a comparable amount. This means that pain and suffering compensation tends to increase with economic damages and more severe injuries.
Lawsuits for pain and suffering alone
It is unlikely that injury cases are filed based on pain and suffering alone without some kind of underlying physical health issue. While there are torts for infliction of emotional distress, these can be much more difficult to prove and attorneys file a much higher volume of cases where the underlying injury is physical in nature, such as an automobile accident or when someone is hurt at work.
How to prove damages and win a lawsuit
An attorney will file a negligence lawsuit in most personal injury cases. This type of case argues that the defendant did not follow the appropriate standard of care, and this deviation from the standard of care was the cause of an injury to the plaintiff. Evidence such as traffic violations or improperly maintained property tends to show negligence by the defendant. Damages for pain and suffering as well as economic losses need to be demonstrated through things like medical records and bills or the victim’s wage statements. In almost all cases where there is evidence of the defendant’s negligence, the attorneys can reach a settlement agreement that pays most or all of the plaintiff’s damages. This is because trials are much less efficient and more costly, and there is also the risk of a jury verdict for the defendant.
Advice from a local personal injury lawyer
There are attorneys who work with clients in Donaldsonville and other parts of Louisiana to help with their accident cases. Miller, Hampton, and Hildendorf is a firm with an experienced group of personal injury attorneys.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806