Will I Be Compensated for My Non-Economic Damages?
You should receive compensation for your pain and suffering after an accident. They are considered non-economic damages that are different from the economic compensation for wage loss and medical expenses you might receive. Non-economic damages differ for each person since they reflect the emotional, psychological and extended pain people experience after an accident.
Disputing Pain and Suffering
Insurance companies do not simply hand over money when you are hurt. They start by sending out an adjuster who is on their payroll to assess the situation. They evaluate vehicle damage and your injuries. Sometimes, the adjuster may mount an argument stressing that your injuries are not due to the accident or are exaggerated. In these situations, your Louisiana accident lawyer will protect your rights by showing that not only is your pain and other suffering due to the accident but that the insurer’s attempt to mislead the court about their origin is wrong.
What Is Pain and Suffering?
Pain and suffering from a legal standpoint can be defined by the following factors:
- Physical pain: In this context, physical pain is not only that which the person suffered initially and up to the time a lawsuit is filed, but it is the enduring pain he/she will suffer in the future.
- Emotional and psychological effects of the accidents: These are derived from the accident injuries and are different for every person. They are the negative effects of accident injuries and other traumas that occurred initially, continue and will exist in the future. They include:
- Fear
- Humiliation
- Anger
- Mental stress
- Anxiety
- Loss of enjoyment
- Shock
- Post-traumatic stress disorder
- Depression
- Loss of appetite
- Mood swings
- Sexual dysfunction
- Insomnia
Pain and suffering can be minor or significant. It can impact a person’s life and cause serious forms of depression and other mental anguish. In the end, the person may be unable to work, maintain a loving relationship and see their life in a negative way. In all these scenarios, the injured party should be compensated.
How to Calculate Pain and Suffering
The court rarely provides a jury with instructions on how to configure pain and suffering. In some cases, a multiplier method is used that takes a multiple of the person’s economic losses and multiplies them by 1.5 to 4.0. However, the multiplier method may not be useful in all cases, and the damages awarded might not be appropriate.
So Will Pain and Suffering Be Paid or Not?
It depends. Trying to go it alone without legal counsel can be problematic. It is well documented that those with an attorney by their side are awarded more than plaintiffs who file a claim themselves. At Olinde Law Firm, our legal team is there to help you. We offer a free case review and are able to answer your questions. We examine your accident, gather evidence that proves the at-fault party is liable and build a strong case for our client. Call us at (800) 587-1889 or contact us online.