Louisiana tort laws allow injured parties to seek damages from the party who caused them harm. Receiving damages is the only remedy the law can offer because it cannot undo the harm and injuries caused by another party. Therefore, it holds the at-fault party financially responsible for the victim’s harm.
Damages include the financial losses you experience related to the accident and injuries. These economic damages include medical bills, out-of-pocket expenses, and lost damages.
Additionally, damages in a personal injury case include “pain and suffering” or non-economic damages. Non-economic damages can make up a large portion of the value of a personal injury case. Unfortunately, many injured victims are unaware they can receive and deserve compensation for their pain and suffering.
Our Lake Charles personal injury lawyers at Hale Injury Lawyers can help you determine the damages you could receive for a personal injury claim. We carefully document all losses, including pain and suffering, to maximize your recovery. Non-economic damages are available in all types of personal injury cases, including car accidents, construction accidents, trucking accidents, and many more.
Below is an explanation of non-economic damages in Lake Charles personal injury cases. We also offer free consultations so you can discuss how much your case is worth with an attorney.
What Is Included in a Claim for Non-Economic Damages in Louisiana?
There are several categories of non-economic damages. Most damages fall into one of these categories:
- Physical Discomfort – This category represents the pain you experience because of your injuries and the medical treatments required for your condition. Even minor injuries can cause extreme pain.
- Emotional Distress and Mental Anguish – The psychological effects of being injured or involved in an accident. Medical treatments and your recovery can also cause intense emotional distress. Symptoms can include anxiety, fear, depression, PTSD, and psychological disorders that impact your eating, sleeping, emotional, and overall well-being.
- Impairments and Disabilities – An injury or accident could result in life-long impairments or disabling conditions that profoundly impact your physical, emotional, and cognitive abilities.
- Scarring and Disfigurement – Accidents could result in loss of limbs, amputations, burns, and other disfigurement. The emotional and physical consequences can be debilitating.
- Loss of Enjoyment of Life and Quality of Life – Accident victims often experience a decrease in their quality of life. Their injuries might prevent them from enjoying activities they once did, returning to work, or engaging in intimate relations with their loved ones.
Non-economic damages are subjective because everyone suffers differently. Two people could have the same type of injury, but their suffering could be vastly different.
Therefore, it can be challenging to prove and value non-economic damages. Creating a pain and suffering journal can help. As you recover, keep detailed notes about how your injuries impact your life, including your physical and emotional well-being.
How Much Are My Non-Economic Damages Worth?
Calculating the value of non-economic damages is difficult. There is no statutory formula Louisiana uses to determine how much a personal injury case is worth. Therefore, we examine the facts of the case to determine the value of non-economic damages.
Factors that impact the value of non-economic damages include, but are not limited to:
- The type, severity, and treatment of your injuries
- The length of your recovery
- Whether you sustain permanent impairments or disabilities
- Your appearance before and after the injury
- Whether you can return to work or perform any activity to earn an income
- The total financial losses you incurred because of the accident and injury
- The amount of insurance coverage available for your claim
- The parties involved in the case
- The strength of your evidence proving causation, fault, and liability
We can use the facts relevant to your case to assign a number between 1.5 and five for damages. The number increases as the severity of your injuries and the impact of your injuries increase. The number is multiplied by your total financial losses to determine the value of your non-economic damages. This is known as the “multiplier method” for calculating non-economic damages.
The multiplier method is a commonly accepted way to calculate how much non-economic damages are worth. However, insurance companies routinely undervalue these claims. They argue that victims exaggerate their pain and suffering for a larger settlement amount.
Our personal injury attorneys at Hale Injury Lawyers understand insurance tactics. We prepare a compelling and fact-based argument about why you deserve maximum compensation for non-economic damages. We consult with medical specialists, vocational experts, financial professionals, and other expert witnesses as necessary.
How Does Comparative Fault Impact a Claim for Non-Economic Damages?
Louisiana applies a pure comparative fault standard to personal injury cases. If you are partially at fault for the cause of your injury, your damages are reduced by your level of responsibility. For example, if you are 35% to blame for causing a car accident, you can only receive 65% of the value of your damages.
However, Louisiana law makes an exception for intentional torts. If someone intentionally causes you injury, you are not penalized for any negligence you might have for causing the injury.
Is There a Cap on the Amount of Non-Economic Damages in Louisiana?
Some states place a cap on the amount of non-economic damages a person can receive for a personal injury case. Louisiana does not limit damages in most personal injury claims.
However, a medical malpractice claim has a $500,000 cap on damages. You can receive $100,000 from the at-fault medical provider and the remaining portion from the Patient Compensation Fund.
There is also a cap for damages in claims against government agencies. The damages cap for government claims is also $500,000.
What Is the Deadline for Filing a Claim for Non-Economic Damages in Louisiana?
Your non-economic damages are a part of your personal injury claim. Therefore, you file your claim for all damages together.
The Louisiana statute of limitations for most negligence claims is two years from the injury date. A judge could dismiss your lawsuit if you file it after the statute of limitations expires.
However, there are exceptions to this rule. The type of case or the parties involved could change the deadline. You can avoid problems with the statute of limitations by discussing your case with an as soon as possible after your injury or accident.
Contact Us for a Free Consultation With Our Lake Charles Personal Injury Lawyers
Our legal team at Hale Injury Lawyers is here for you when you need skilled, trusted, and aggressive personal injury lawyers after an accident. Call at (337) 888-4253 to schedule a free case evaluation with an experienced Lake Charles personal injury attorney. We will explain your legal option and how we can help you receive a fair settlement for your personal injury claim.
