The cost of Pain and Suffering

A bit of a different direction with this article but in our adventurist spirit accidents happen. We reached out to our Personal Injury Attorney by way of Baton Rouge, LA  Stephen Babcock for some insight on the unexpected.

Accidents are a nuisance towards day to day life, and more often than not it is not only your shoes that can be held liable for the injury. In some cases, particularly slip and fall, the owner of the establishment or property can be held liable for the damages you endured as long as negligence can be proven. If you are in need of a Louisiana Personal Injury Attorney, then it is best to make yourself aware of the costs it might entail. It is for you to be prepared such ill circumstances arise.

No specific formula will compute the exact amount of costs that pain and suffering may come up with; each case is unique hence the amount will always vary depending on the degree of the injuries sustained. In the Supreme Court of Canada, the maximum is around $364,000 for non-pecuniary damages. If you are suffering from an injury caused by the negligence of a property owner or an establishment the maximum is likely to be awarded if the accident resulted in a catastrophic injury like brain injury or paralysis. However, it is important to note that a judge can assess how much the injury or accident has affected your life, your overall enjoyment o day to day activities and your ability to function.

This will be possible since, at the start of such a case, your law firm will start collecting information relevant to the accident and its effects. This entails physical and emotional stress, anxiety and loss of enjoyment of life directly related to the injuries sustained in the accident. Yes, it may seem hard to assess, but lawyers will be able to quantify the damages by examining some factors:

  • Pre-accident lifestyle and health
  • Nature of the injuries (paralysis, broken leg or hip)
  • The effects of injuries sustained to your life (inability to climb stairs due to broken legs)
  • Recovery from injuries mentioned (physical therapy, loss of work due to recovery)
  • The effects of the injuries towards the rest of your life (you are unable to walk anymore)

It is also not impossible for you to be the first person to have sustained such injuries and to arrive at an agreeable cost for the factors mentioned above, your Louisiana Personal Injury attorney will compare your case with similar cases the judges and juries have awarded in the past. However, the computation of costs will depend more on the unique circumstances of your case.

 

In most cases, it will be the insurance company that will settle that expenses for you. However, this scenario only occurs if the defendant has terms within the insurance contract stating that certain expenses will be covered. When this is the scenario, say you win the lawsuit; the losing party will also cover legal fees and costs after the judgment has been served. It will ensure that you will be fully compensated for all the damages that you have endured and be well on your way to rebuilding your life.

 



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