FAQ

How much will insurance pay for pain and suffering

How much insurance companies pay for pain and suffering depends on the details of the case. For example, insurers consider the claimant’s injuries, the losses he suffered, and how long his injuries will continue to affect them.

If you or a loved one was injured due to someone else’s negligence, our firm will calculate a fair value for your pain and suffering. then we can negotiate a settlement with the insurance company on your behalf.

insurance companies can pay for pain and suffering in louisiana

Pain and suffering is a broad legal term that encompasses numerous damages after an injury. Since pain and suffering are intangible, the value of these damages can be difficult to determine.

Reading: How much will insurance pay for pain and suffering

Louisiana courts recognize the need to compensate victims for their pain and suffering. As a result, insurance companies consider these damages in personal injury claims. In fact, there are no limits on pain and suffering damages in personal injury cases involving car accidents. however, there is a $500,000 limit on damages in louisiana medical malpractice cases.

pain and suffering damages vary from case to case

Determining the depth of a person’s personal pain requires great care and consideration. for example, people with chronic pain may receive larger settlements than people who experienced pain over a period of time.

Still, the insurance company will focus on objective facts to determine the value of pain and suffering. Alternatively, an attorney from our firm would take the time to review your pain and suffering damages and make sure we assign a fair value before negotiating with the insurer.

For a free legal consultation, call (337) 777-7777

evidence that insurance companies could use to calculate pain and suffering

all available supporting evidence can strengthen your potential case. For example, keeping the following items can help solidify a financial recovery claim:

  • a journal of your experiences
  • medical bills
  • prescription receipts
  • receipts for relevant additional items
  • relevant images or x-rays
  • medical office paperwork
  • bills for ongoing therapy
  • documentation of lost wages
  • One of the most important things to keep is a journal of your experiences related to the incident. By describing the pain she feels on a daily basis and the inconveniences she is experiencing, she may be able to convince the insurance company to offer her a higher amount.

    Insurance adjusters are trained to offer low amounts initially, so negotiation is often required to obtain higher settlement offers that recognize pain and suffering.

    how insurance companies calculate damages for pain and suffering

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    Pain and suffering are considered part of “general damages,” but calculating it can be more difficult than economic damages, such as medical bills or lost wages. Insurance companies may use one of the following approaches to determine how much your pain and suffering is worth:

    the per diem approach

    Louisiana insurance companies and courts sometimes use a viatical approach when calculating damages. Per diem is a Latin phrase meaning “every day” or “per day,” as the Legal Information Institute (LII) explains.

    When using the viatical approach, the insurance company will allocate a specific dollar amount to each day that the injured party’s injuries keep them out of work. this number is usually the dollar amount the injured party would have won.

    For example, your injuries kept you out of work for 180 days. If he had earned $250 every day he was out of work, he could recover $45,000 in pain and suffering.

    the multiplier approach

    In the multiplier method, the insurance company will assign a number between one and five to your injuries, depending on their severity. once you’ve assigned this number, it will multiply that number by the amount of your economic damages (for example, medical bills, lost wages, related costs, etc.)

    For example, if you were seriously injured, the insurance company may have assigned you a 4.5. In that case, if she has $35,000 in economic damages, she could receive $157,500 in pain and suffering damages.

    Insurance companies can also use a standardized form of software to justify smaller offers to victims. Having a personal injury attorney from our team on your side can help ensure you receive fair compensation.

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    insurance companies may offer you much less than what you are entitled to

    Insurance adjusters are simply doing their job when they offer claimants low initial amounts. your incentive is to minimize the damages for which your employer is liable. While you have the right to negotiate with the insurer, this process can be difficult.

    statute of limitations for personal injury cases in lafayette, la

    It is also important to note that the statute of limitations is one year in louisiana per cc art. 3492. If you can’t negotiate what you think is a fair settlement, you can file a lawsuit, but you must do so within this time limit.

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    reasons for the advisability of continuing with your claim

    Despite this one-year limit, the evidence in the case may have a shorter shelf life. Important time-sensitive evidence may include:

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