How is an accident victim compensated for pain and suffering in Geismar?
Geismar, LA – One of the more confusing aspects of the process to receive compensation is how pain and suffering damages are calculated. These are sometimes called non-economic damages or general damages under Louisiana law. Unlike economic damages, there are no specific dollar amounts that can repair or end a person’s pain and suffering after a life changing accident. However, factors such as the person’s mental trauma, physical pain tied to injuries, and other reductions in quality of life can be summarized to help determine a total amount.
What evidence does the victim’s attorney use?
Economic damages are tied to the costs of recovery and treatment of a medical injury, but pain and suffering cannot be quantified as easily. However, skilled attorneys know how to present a person’s life issues and problems during arguments to a jury or during settlement negotiations in a way that is likely to maximize this kind of compensation. This may include their trouble functioning in day to day life, mental health and psychological issues, problems caused by chronic pain, difficulties due to disfigurement or missing limbs, and the person’s emotional state. All of these kinds of diminishment in the person’s mood and ability to carry on as normal are relevant to non-economic damages.
Settlement negotiations
The overwhelming majority of accident lawsuits will end with a settlement agreement rather than a trial. This is due to efficiency concerns, avoiding risk, and maximizing the victim’s compensation with smaller court and legal fees. Attorneys who have significant experience with personal injury law and motor vehicle accidents will make these arguments for non-economic damages in such a way that is likely to benefit their client. If the injuries are severe enough that the person cannot work or function as normal after their incident, the amount of compensation should reflect these serious and life changing problems.
Other kinds of damages
There are other damages available to victims as well, but they must be considered separately from pain and suffering damages. Economic damages are tied to the specific monetary losses such as property repairs, costs of hospitalization and medical treatment, lost income and wages, and anything else that the victim can prove through documentation. Louisiana law also allows punitive damages to punish the victim for unacceptable forms of behavior. In the state, this is limited to car accidents where the defendant was under the influence of drugs or alcohol only.
Help after a collision in Louisiana
Miller, Hampton, and Hilgendorf is a group of accident attorneys who work in Geismar and other parts of Louisiana. They can provide advice to individuals who have recently been injured in a motor vehicle collision.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
