When you hear the term "pain and suffering," you might think of physical injuries such as broken bones, bruises, or cuts. However, pain and suffering encompasses a broader range of injuries beyond just physical damage.

If someone injures you in Louisiana due to their negligent or intentionally harmful actions, you may be entitled to claim damages for the pain and suffering you have experienced as a result.

Types of Pain and Suffering

Pain and suffering come in different forms, and it can be challenging to quantify such losses in monetary value. The two primary types of pain and suffering are physical pain and mental anguish.

Physical Pain

Physical pain is the physical sensations of discomfort, soreness, or aching. Physical pain can be mild, moderate, or severe, and it can be acute (occurring suddenly) or chronic (ongoing).

It may also include the need for ongoing medical treatments such as medication, physical therapy, or rehabilitation.

Physical pain can impact a person’s ability to work, participate in hobbies, socialize, and even perform routine activities of daily living.

Mental Anguish

Mental anguish is the emotional and psychological suffering that an individual experiences as a result of an injury. Mental anguish can encompass a range of feelings, including anxiety, depression, fear, anger, and insomnia.

It is important to note that mental anguish can have a significant impact on a person’s life and can be challenging to overcome. This is why it is so important for individuals to seek help from mental health professionals.

Proving Pain and Suffering

Recovering damages for pain and suffering in personal injury cases can be difficult. Unlike physical injuries, pain and suffering cannot be quantified objectively. Still, there are ways to establish their value in your case.

One way that your attorney can prove your pain and suffering is by providing evidence such as medical records, photographs, and witness testimony. They may also provide expert opinions from medical professionals and mental health professionals.

Relevant Laws in Louisiana

Louisiana law allows for the recovery of both economic and non-economic damages in personal injury cases. Economic damages are tangible financial losses such as medical expenses, loss of income, and property damage. On the other hand, non-economic damages (also known as general damages) include pain and suffering, mental anguish, and loss of enjoyment of life.

In Louisiana, the amount of general damages that a plaintiff can recover in a personal injury case is capped at $500,000. However, there are exceptions to this cap, such as cases that involve catastrophic injuries such as amputation, paralysis, or brain injury.

Conclusion

Pain and suffering are significant losses that are often overlooked in personal injury cases. It is essential to work with an experienced attorney who can help you build a strong case and fight for the compensation that you deserve.

If you have been injured in Louisiana, it is crucial to speak with an attorney as soon as possible. They can help ensure that you meet all the legal requirements and deadlines for filing your claim and can help you navigate the complicated process of pursuing compensation for your pain and suffering.