How to Calculate the Value of Your Personal Injury Claim

When Should I Use the Personal Injury Claim Calculator?

Your personal injury attorney may ask for an amount you think is fair to settle your claim at the start of negotiations. The personal injury calculator helps you figure out this amount by considering your expenses and pain and suffering.

While the final award might be different based on legal advice and the lawsuit’s outcome, the calculator gives you a starting point. It can also help you decide if filing a claim is worthwhile. However, only injury attorneys in New Orleans can give you a precise idea about your case.

How Can I Calculate My Pain and Suffering Damages?

The legal system uses different methods to determine the value of your non-economic damages after an injury in Louisiana. The key rule is that the jury must use a reasonable approach to decide on a fair amount of pain and suffering. Common approaches include:

The Per Diem Approach

Many courts find the per diem method reasonable and easy to use for calculating pain and suffering damages. With this method, your attorney assigns a specific dollar amount for each day you deal with the effects of your injuries.

For instance, if you had whiplash in an accident and needed a neck brace for two months, followed by two more months of prescription pain relievers, that’s 120 days of “suffering.” If it’s argued that your daily mental struggles are worth $200, the court might award you $24,000 for pain and suffering (200 dollars multiplied by 120 days).

The Multiplier Method

Another common method to calculate pain and suffering is the multiplier method. Here’s how it works: the court takes the total of your special damages, which include all the costs related to your injuries, and multiplies it by a specific number.

Typically, this number ranges from 1 to 5, depending on how severe and long-lasting your injuries are, as well as the pain and discomfort they cause. For instance, if you have soft tissue injuries like sprains or whiplash, your special damages might be multiplied by 2.

For more serious or permanent injuries, the multiplier could be as high as 5. In very severe cases, it might even be higher.

The Jurisprudential Method

In Louisiana accidents, jurisprudence means the judge or jury looks at past similar cases to help decide your current case’s value. If someone had similar injuries in the past and received compensation, that amount can be used as a guide for your case.

For example, if in 2015, a jury awarded $250,000 for pain and suffering after an auto accident that required back surgery, and you also need a similar surgery, your case might be valued at around $250,000 (adjusted for inflation).

Since most cases involve different injuries of varying severity, your lawyer will likely use multiple past cases to determine the value of your case.

What If the Insurer or At-Fault Party Says I Contributed to My Personal Injuries?

Sometimes, the person who was hurt shares some blame with the person who caused the harm. This is called comparative fault. It might happen if you were somewhat careless, but your actions weren’t the main reason for the accident or your injuries.

For instance, if you were driving too fast when another driver ran a red light and hit you, you might be partly to blame for the accident. In Louisiana, even if you were partly at fault, you can still sue the person who caused the accident.

However, the amount of money you can get goes down based on the percentage of fault the insurance company or court decides is yours. For example, if they decide you were 20 percent at fault, you can only get 80 percent of the money you lost.

Get the Compensation You Deserve

Calculating the value of your personal injury claim in Louisiana can be tricky, but you don’t have to do it alone. Hammond Law Firm LLC is here to help. Our team of trusted injury attorneys in New Orleans knows how to fight for the compensation you deserve.

We understand the ins and outs of Louisiana law and will work tirelessly to ensure you get a fair settlement. Don’t let the complexity of personal injury claims overwhelm you. Let Hammond Law Firm LLC take the lead. We’re professionals in getting our clients the justice they deserve.

Our law firm can also represent you in Motor Vehicle Accidents, Recreational Vehicle Injuries, and Premises Liability. Contact us today for a free consultation to start your journey to recovery with confidence.