Top Factors That Can Affect the Value of Your Personal Injury Claim

What Affects the Value of Your Louisiana Personal Injury Claim?

Louisiana courts consider several key factors when determining the value of a personal injury claim. Understanding these factors empowers you to navigate the legal process effectively and maximize your potential compensation. Here’s a breakdown of the major elements:

Nature and Severity of Injuries (La. Civ. Code Art. 1998)

The seriousness of your injuries is a primary factor.  Courts consider the nature of the injury, its long-term impact (temporary or permanent disability), and the need for future medical care. Extensive medical bills, rehabilitation costs, and permanent impairments significantly impact claim value.

• Physical Injuries: The extent and seriousness of your physical injuries significantly affect claim value. Broken bones, head injuries, spinal cord damage, and permanent disabilities typically warrant higher compensation compared to minor soft tissue injuries.
• Psychological or Emotional Injuries:  Emotional distress, anxiety, depression, and PTSD resulting from the accident are also considered.  Documentation from therapists or mental health professionals strengthens this aspect of your claim.

Medical Expenses (La. Civ. Code Art. 2315)

Documented medical expenses, including past and anticipated future costs associated with your injury, are crucial to establishing your claim’s value. This encompasses the following:

• Current and Future Medical Costs:   This includes hospital bills, doctor visits, medications, therapy, and any required surgeries or future treatments.
• Rehabilitation and Therapy Costs:  Costs associated with physical therapy, occupational therapy, or other forms of rehabilitation to regain function or manage your injury are factored into the overall medical expenses.

Lost Wages and Income (La. Civ. Code Art. 2315)  

Compensation for wages lost due to your injury is another significant factor. Lost income includes:

• Loss of Current Income:  Compensation for wages lost due to missed work days because of your injury is a significant factor. Documentation of your income and missed work time strengthens this claim.
• Loss of Future Earning Capacity:  If your injury permanently impairs your ability to work or reduces your earning potential, future lost wages are considered.

Pain and Suffering (La. Civ. Code Art. 1998)

Physical and emotional distress endured due to the injury are considered under “pain and suffering.” The severity, duration, and impact of your pain on your daily life are evaluated. This can be a subjective factor, but detailed medical records and documentation of your limitations strengthen this aspect of your claim.

• Emotional Distress:  The physical and emotional pain and suffering you endure due to the accident are considered.  The severity, duration of pain, and impact on your daily life are evaluated.  Medical records and a detailed description of your limitations strengthen this claim.
• Impact on Quality of Life:  If your injury hinders your ability to participate in hobbies, activities, or maintain your quality of life, this can be factored into your claim’s value.

Damage Caps 

Louisiana has damage caps on medical malpractice lawsuits, limiting non-economic damages (pain and suffering) to $500,000 per healthcare provider (La. R.S. 40:1299.41).  Understanding these caps is crucial if your claim involves medical malpractice.

Establishing Liability

Another key factor is proving that someone was legally responsible for making sure others didn’t get hurt. This means showing that a person or people were at fault for the injury.  Solid evidence like witness statements and accident reports are crucial.

Availability of Insurance Coverage

The insurance policies of both the injured person and the person who caused the injury can have a big impact on how much money is available for compensation.

• Defendant’s Insurance Coverage:  The defendant’s insurance coverage limits play a role.  Knowing their policy limits helps determine the maximum potential compensation you can recover from the insurance company.
• Uninsured or Underinsured Motorist Coverage (if applicable):  If the defendant has no insurance or insufficient coverage, your own uninsured/underinsured motorist coverage (UM/UIM) may provide compensation, depending on your policy limits.

Comparative Fault (La. Civ. Code Art. 2323)

Comparative fault reduces the payment a negligent person owes a plaintiff for damages, based on each party’s level of blame. For example, if a plaintiff is 30% at fault, they can recover 70% of damages from the defendant. The judge or jury assigns fault as a percentage, totaling 100%. Intentional harm by someone else can’t be offset by the plaintiff’s fault; the perpetrator is fully liable for damages.

Pre-Existing Conditions (La. Civ. Code Art. 2324)

Pre-existing medical conditions can be a factor, but only if the defendant’s negligence worsened the condition.  The court distinguishes between your existing condition and any new issues from the accident. It considers how the accident worsened your condition.

Evidence (La. Code Evid. art. 402)

A strong case hinges on solid evidence. This includes detailed medical records document injuries and treatment. Also,w itness statements and evidence like photos or videos support your account. Better evidence makes it easier to show how badly you’re hurt and who’s responsible.

Plaintiff’s Conduct

In personal injury cases, age affects compensation. Younger victims may suffer longer and lose more income. However, some argue older victims’ later years are valuable too; injuries then greatly impact quality of life.

• Pre-Existing Injuries:  Pre-existing medical conditions can be a factor, but only if the defendant’s negligence worsened the condition.  The court will differentiate between the original condition and the additional pain or limitations caused by the accident.
• Compliance with Medical Advice and Treatment:  Following your doctor’s treatment plan strengthens your claim.  Failure to comply might raise questions about the legitimacy or severity of your injuries.

Understanding these factors empowers you to work with your Louisiana personal injury attorney to build a strong case that reflects the true value of your claim.

Injured in Louisiana? Get Clarity and Compensation with Hammond Law Firm

An unexpected injury can leave you physically and emotionally drained. The last thing you need is the added stress of navigating a complex legal system. Here at Hammond Law Firm, our personal injury lawyer in Louisiana, understand the pain and uncertainty you’re facing after an accident. We also understand the many factors that can affect the value of your personal injury claim.

The legal system shouldn’t add insult to injury.  Hammond Law Firm’s experienced Louisiana personal injury attorneys are here to simplify the process, answer your questions, and aggressively pursue the maximum compensation you deserve. We’ll guide you through every step, from understanding the factors affecting your claim value to gathering evidence and negotiating with insurance companies.

Contact Hammond Law Firm today for a free consultation. Let us help you navigate the legal complexities and secure the compensation you rightfully deserve. Remember, knowledge truly is power, especially when it comes to your personal injury claim. Let Hammond Law Firm empower you to move forward with confidence.