If you have been hurt because of someone else’s negligence or intentional misconduct, you may have a personal injury case. One of the many questions you may have is what your case may be worth. When you are facing medical bills and lost earnings, you count on the money you receive from the at-fault party.
Every case is unique and many factors must be considered to determine how much compensation you may receive. After assessing your damages, your personal injury lawyer will negotiate to seek a settlement that fairly compensates you. If negotiations fail, your case will go to court.
This guide breaks down the key elements that affect the value of your case so you know what to expect.
Types of Economic Damages and How They Are Calculated
Economic damages, also called special damages, compensate you for financial losses related to your injury. These damages are easier to calculate because they are based on actual expenses and losses.
Medical Expenses
Your medical costs include past and future medical treatment related to your injury, such as:
- Emergency room treatment
- Hospitalization
- Medical procedures and surgical treatment
- Physical and occupational therapy, rehabilitation, and counseling
- Prescription medications
- Assistive devices like wheelchairs or prosthetics
Future medical expenses are estimated based on medical expert opinions and past treatment history.
Lost Wages and Loss of Earning Capacity
If your injury caused you to miss work, you can seek compensation for lost wages. If your injury prevents you from returning to your previous job or limits your ability to work, you may also recover damages for reduced earning capacity.
To calculate lost wages, your attorney will review:
- Pay stubs or tax returns
- Work schedules
- Employer verification of missed workdays
Loss of future earning capacity is often determined with the help of financial and medical experts who assess how your injury will impact your ability to work over time.
Property Damage
Many personal injury cases involve property damage, such as damage to your vehicle in a car crash. You are entitled to recover the cost of repairs or the fair market value of property damaged beyond repair.
Louisiana law also allows you to recover compensation for the diminished value of your vehicle. Even if a car is repaired to its pre-accident condition, it’s usually worth less than a vehicle that was never involved in a crash.
Out-Of-Pocket Expenses
You may also receive compensation for expenses like:
- Transportation to medical appointments
- Home modifications if necessary
- Home healthcare services
- Housekeeping services
- Childcare costs if you are unable to care for your children due to your injury
To recover damages for your out-of-pocket costs, they must be reasonable and necessary.
Non-Economic Damages And How They Are Valued
Non-economic damages compensate for the physical, emotional, and psychological impact of your injury. These damages are harder to calculate because they do not have a fixed dollar amount.
Physical Pain And Suffering
You are entitled to money to compensate for the physical pain and suffering caused by your injury. Courts consider factors such as the type and severity of the injury, how long it took to recover, and the impact on your daily life. Injuries that cause long-term impairment, pain, or disability usually receive more compensation than injuries that heal without long-term effects.
Emotional And Psychological Anguish
Severe injuries and traumatic accidents can lead to anxiety, depression, PTSD, and other emotional struggles. Compensation for emotional distress accounts for the psychological toll of your injury.
Loss Of Enjoyment Of Life
If your injuries prevent you from enjoying activities you once loved, such as hobbies, sports, or travel, you may be entitled to damages for loss of enjoyment of your life. You can also recover compensation for related effects like loss of independence or an inability to actively participate in child-rearing.
Disfigurement
Visible scars or loss of limb can significantly impact your self-esteem and quality of life. The law allows victims to seek compensation for these lasting consequences.
Loss Of Consortium
If your injury affects your relationship with your spouse, your spouse may be able to seek damages for loss of companionship, intimacy, and support. These damages are called loss of consortium. Other family members may also be entitled to these damages including children and parents.
How Non-Economic Damages Are Calculated
Since there is no bill or receipt for pain, anxiety, and reduced quality of life, attorneys often use one of two methods to estimate these damages.
The per diem method is usually used for minor to moderate injuries without serious lasting effects. A daily rate is assigned for your pain and suffering, multiplied by the number of days you experienced hardship.
The multiplier method is a better method to assign value to serious or permanent injuries. Your total economic damages are multiplied by 1.5 to 5 depending on the type and severity of your injuries. For instance, if your financial costs were $50,000 and a factor of two is used, your non-economic damages are $100,000.
Sometimes neither method is appropriate. For instance, a child who suffers a disfiguring dog bite injury to their face may not have high economic damages. However, the injury can have a severe and permanent impact on their life.
Factors That Can Limit The Value Of Your Case
Even if you have suffered serious injuries, certain factors can limit the compensation you receive.
Insurance Coverage
The at-fault party’s insurance policy often determines the maximum payout. If the liable party has minimal insurance or is uninsured, it may limit the damages you can recover.
You may have options to pursue compensation beyond the insurance policy limit. If you were involved in a car accident, your own uninsured/underinsured motorist (UM/UIM) coverage can pay for excess damages.
You may file a lawsuit against the at-fault party and hold them personally responsible for damages that aren’t covered by their insurance. However, it can be challenging to recover compensation even with a ruling in your favor. Many people with inadequate insurance coverage lack assets you can pursue.
If you were the victim of crime, the Crime Victims Reparations Fund provides up to $25,000 in assistance, but it’s a payor of last resort.
Comparative Negligence
If your own negligence or carelessness contributed to your accident, Louisiana’s comparative negligence doctrine can limit what you are entitled to recover. Under this statute, each party is assigned a share of fault for the accident and a proportional share of damages. If you are found 30% to blame and your damages are $75,000, for example, you are limited to recovering $52,500 (70%).
If you are being blamed for the accident, it’s crucial to get legal representation to protect your right to compensation. The insurance adjuster may try to unfairly assign more fault to you than you deserve to reduce their payout.
Damage Caps
In Louisiana, there is no cap on the damages you can recover in most personal injury cases. However, there is a cap on damages in medical malpractice cases. The total amount recoverable, including economic damages, is $500,000, even in cases involving wrongful death. Future medical costs are not included in this limit, but they are paid through the Patient’s Compensation Fund.
This cap only applies when the healthcare provider was qualified under the statute and paid the assessed surcharge.
How The Law Office Of John W. Redmann, L.L.C. Can Help
At the Law Office of John W. Redmann, L.L.C., we have decades of experience helping injury victims maximize their compensation. Our attorneys will gather evidence and work with experts to prove the damages you have suffered and negotiate aggressively on your behalf.
Contact our law office or call us at (504) 384-8053 to schedule a free consultation with a personal injury lawyer to discuss your case and what we can do for you.
