When injured in a car accident, you may think that filing a claim to recover compensation for your non-economic damages will be as simple as recovering funds for your medical bills. Unfortunately, this is not the case. Generally, calculating pain and suffering is a complex matter, and to ensure you receive the funds you are entitled to, it’s in your best interest to connect with a Monroe, Louisana car accident lawyer. The following blog explores how insurance companies will calculate non-economic damages to help you fight for the compensation you deserve.
How Is Pain and Suffering Calculated in Louisiana?
Unlike medical bills, which have an assigned monetary value, calculating the pain and suffering someone has endured can be incredibly challenging. Due to the subjective nature, this is often one of the most contentious issues during car accident cases.
Generally, to calculate pain and suffering, the insurance adjuster assigned to your case will determine the severity of your injuries on a scale of one to five. The more egregious, the higher the number. They will then take your economic damages and multiply the total by the number assigned to your pain and suffering. This will provide the total of your non-economic damages in a strategy known as the multiplier method.
The other standard method to determine compensation is to assign you a monetary amount per day until you reach maximum medical recovery. For example, if you tear your ACL in an accident, you may be awarded $50 per day for the eight months it takes to recover.
What Factors Can Influence the Award?
Understanding the elements that can impact the outcome of your case is essential to ensure you can fight for the compensation you deserve. Generally, you’ll find that determining how the collision and subsequent injuries have impacted your life are among the most significant factors. For example, if you were once an athlete competing in different events and can no longer participate in your sport following the collision, this can cause a loss of enjoyment of life. Additionally, if your accident caused humiliation, it can add to your suffering.
Another factor influencing your award amount is how long your recovery process is. Generally, the longer it takes you to recover, the more compensation you will receive, as the courts recognize a lengthier recovery period inhibits your ability to enjoy your life.
Why Do I Need an Attorney for This Process?
Unfortunately, trying to recover compensation on your own can be incredibly difficult. As such, a lawyer can help guide you through the complexities of this process to help you every step along the way. Not only can they help collect evidence to support your case, but they will fight greedy insurance adjusters who wish to downplay your damages so you can receive the funds you deserve when you’ve been injured by a negligent driver.
When you’re hurt, Breithaupt, DuBos, & Wolleson, LLC can help. Our dedicated and compassionate team understands how complex these matters can be, which is why we’re ready to fight for you. Reach out today to connect with a member of our firm to learn how we can guide you through this process.
