Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
When someone gets hurt in an accident caused by someone else’s carelessness, the impact goes far beyond hospital bills or car repairs. There’s often a deeper toll—emotional distress, lasting physical pain, or even trauma that affects daily life. In Louisiana, the legal system recognizes this type of harm and allows injured people to seek compensation for it. These are called pain and suffering damages.
This blog explains how pain and suffering are defined in Louisiana, how courts calculate these damages, and what evidence can strengthen your claim. If you’ve experienced a severe injury, such as a degloving incident or long-term emotional trauma, understanding this can help you know what to expect when pursuing compensation.
Pain and suffering refer to the emotional and physical distress someone experiences after an injury. In Louisiana, this type of harm is classified as non-economic damage—meaning it’s not tied to a bill or invoice but still affects your life in real ways.
Physical pain and suffering covers any pain, discomfort, or reduced physical ability caused by your injury. This might include broken bones, nerve damage, or chronic conditions that make it hard to walk, sleep, or return to work.
Emotional pain and suffering can show up as anxiety, depression, PTSD, embarrassment, or a loss of enjoyment in life. For instance, someone disfigured by a degloving injury may avoid social situations or need therapy for trauma.
Pain and suffering damages are considered “non-economic damages,” which have no fixed dollar value and must be evaluated on a case-by-case basis.
There’s no one-size-fits-all formula for calculating pain and suffering in Louisiana. However, courts and insurers generally use two standard methods: the per diem technique and the multiplier method.
This method multiplies the total economic damages(such as lost income and medical expenses) by a number between 1 and 5. The more severe the injury, the higher the multiplier.
For example, if your medical bills total $50,000 and your injury is serious and permanent, the court might apply a multiplier of 4. That results in $200,000 in pain and suffering damages.
The per diem method assigns a daily dollar amount to the pain and inconvenience caused by the injury from the day of the incident until you reach maximum medical improvement.
For instance, if the court assigns $200 per day and your recovery takes 180 days, the pain and suffering award would be $36,000.
Courts often use a multiplier method or per diem method to estimate pain and suffering based on the extent and durability of the wounds.
While the method gives a starting point, many other factors affect how much compensation a person might receive.
Courts will consider:
Degloving injuries often involve extensive medical treatment, permanent disfigurement, and psychological trauma—factors that can increase pain and suffering.
A degloving injury involves the skin and tissue being torn from the muscle and bone, often in serious accidents. These injuries can cause lasting physical and emotional harm, including surgeries and scarring. Louisiana law (Civil Code Article 2315) allows victims to seek damages for both physical and mental suffering.
Louisiana places a $500,000 cap on pain and suffering damages in medical Malpractice and government claims. However, there’s no cap for motor vehicle accident cases—compensation depends on your case details.
|
Case Type |
Pain & Suffering Cap |
Notes |
| Motor Vehicle Accidents | No cap | Compensation based on severity and supporting evidence |
| Medical Malpractice | $500,000 | Includes all damages except future medical expenses |
| Claims Against Government Agencies | $500,000 | Applies to non-economic damages only |
Since pain and suffering damages are subjective, having strong documentation is key. This includes both medical and non-medical evidence.
Malpractice’s most helpful forms of proof include
Proving pain and suffering isn’t easy. Insurance companies often challenge emotional claims, and without substantial evidence or legal guidance, it’s easy to settle for less than your case is worth.
A knowledgeable personal injury attorney in Louisiana can help by:
Having an experienced legal team ensures your case is built with care, especially when your life has been turned upside down by a serious injury.
Pain and suffering include both physical pain and emotional distress caused by an injury.
Courts may use a multiplier or per diem method based on your economic damages and recovery time.
Yes, but only in medical Malpractice and government cases—both are capped at $500,000.
Yes. Degloving injuries are severe and can justify substantial pain and suffering damages.
Therapy records, medical notes, personal journals, and medical practice support such claims.
Pain and suffering damages help compensate for what doesn’t show up on a medical bill—the pain, distress, and loss of enjoyment that follows a serious injury. Louisiana law allows victims to seek these damages, but the amount depends on the nature of your injury, your recovery, and the evidence you present.
Whether you’re dealing with lasting trauma or a severe injury like a degloving incident, it’s essential to understand your rights. The legal team at Charbonnet Law Firm, LLC helps injured individuals navigate this process with compassion and clarity.
If you’ve been hurt in Louisiana, don’t guess your way through your claim. Contact us today for a free consultation and learn how we can support your path to recovery.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
