Assigning a Value to Pain and Suffering in Louisiana

Victims of serious car accidents in Louisiana often go through terrible hardship. Who can say what someone feels after the loss of a loved one, or the ordeal of multiple surgical interventions, or the dreaded prospect of lifelong impairment?

The price of pain and suffering

Claiming a monetary amount for pain and suffering is the only way our legal system has found to settle a case and see that justice be done. It does not mean that a comparison can be made between what the victim has suffered and what the defendant pays. It may, however, contribute to the victim's effort to build a new life.

There are many factors that an insurance company, a jury or a lawyer will look at to determine how pain and suffering should be compensated. Because of the very subjective nature of the claim, there are no rules to calculate the amount, and no two cases are alike. Comparisons will have to be made with similarly awarded settlements, and the plaintiff's personal situation will be considered, including:

Age: An older person's weaker body may hurt more, and longer, than a young one. On the other hand, a young victim could suffer for the remainder of a longer life.

Pre-existing injuries: It is easier to settle black-and-white cases, but quite often the picture is blurred. Does the victim suffer more because of his or her health history? Or is the patient taking advantage of a pre-existing condition?

Duration: The pace of healing and recovery can be very much dependant on the strength, health, lifestyle and mental attitude of each person. Some injured victims may suffer from crippling back pain for the rest of their lives, while others may recover rather quickly. The duration of physical pain can be an element of the equation.

Job and income: Even if there is no intuitive relationship between the victim's work or income and pain and suffering, there may be an indirect influence. A low income may induce a jury to award a larger settlement, or a lawyer may suggest that the victim's job makes it much harder to endure pain.

Choice of attorney: If the above examples point towards every possible direction, one factor is likely to play a significant role in the award of a just pain and suffering compensation. A skilled and focused car accident attorney with considerable litigation experience will probably achieve a much better result than a general practice attorney, or a firm practicing mostly business law, divorce or nursing home abuse.

If you have been involved in a car accident, contact the New Orleans car accident attorneys of the Young Firm for a free evaluation of your case.