No amount of compensation can undo the physical and mental anguish caused by a serious injury. However, recovering damages from the at-fault party can prevent accident-related expenses from putting the victim’s family in debt. It may also save other people from falling victim to the same negligent behavior.

From the back, a woman bowing her head in sadness


If you have suffered an injury due to another person’s negligence, there may be several options for collecting compensation. The at-fault individual may be liable for medical bills, lost wages, and pain and suffering. But, these cases can be more intricate than most people assume. There are several factors that influence the amount of damages that a plaintiff may receive from settlement negotiations or a trial.

In order for a claim to be successful, the plaintiff must provide the necessary evidence to calculate damages. Although some expenses, such as medical bills, are easy to quantify, few people understand what the court considers when awarding damages for pain and suffering.

How do Louisiana courts calculate pain and suffering damages?

According to the Louisiana Law Review, a judge must consider pain and suffering when determining damages in a personal injury lawsuit. There is no fixed law on how a judge or insurance company must calculate these, but the following are two possible ways to do so:

  1.  Per Diem Approach

Some plaintiffs choose to claim a fixed payment per day, which the defendant may have to pay until the victim fully recovers. This is known as a per diem approach to calculating pain and suffering damages.

  1. Formulaic Approach

A judge may also award pain and suffering as a fixed dollar amount based on quantifiable damages. The amount that your attorney attempts to claim will depend on the nature and severity of the injury. However, it is common for lawyers to multiply the fixed medical expenses by a number between one and five, and to attach these to the claim for pain and suffering.

It is important to remember that there is no single way to determine these damages, and as a result, the law does not oblige an attorney to use a specific method of calculation. There are several approaches that your personal injury lawyer may take to recover the maximum compensation.

A personal injury attorney can fight for the maximum compensation you may deserve!

If you have been injured in an accident that resulted from another person’s negligence, call Morris Bart, LLC. A Baton Rouge personal injury lawyer from our firm can evaluate your case to determine if you should pursue damages from the at-fault party.

We can help you gather evidence, prepare your claim and represent your interests during negotiations and potential litigation. To learn your options, call Morris Bart, LLC today at 1-800-537-8185 to schedule a consultation.

June 18, 2015 | Categories: Legal Tips | Tags: ,