One of the most difficult parts of a personal injury claim is placing a value on someone's pain and suffering.
Medical bills can be added up. Lost wages can be calculated. But how do you put a dollar value on weeks of pain, months of medical treatment, missed family activities, or the frustration of not being able to live life the way you did before an accident?
Unfortunately, we do not have time machines. We cannot go back and prevent the accident from happening. The civil justice system's only remedy is financial compensation.
Every truck accident case is different, which means no two pain and suffering claims are exactly alike.
What Information Do We Review?
When we are hired to represent someone injured in a truck accident, one of the first things we do is gather their medical records.
These records often include treatment from:
Medical records help tell the story of an injury. They document not only the diagnosis, but also the patient's complaints, pain levels, treatment recommendations, and recovery progress.
As treatment continues, we stay updated through medical records and reports from treating physicians so we can accurately understand the full extent of our client's injuries.
Looking Beyond Medical Records
Medical records are important, but they do not always tell the whole story.
Many people are uncomfortable talking about their pain and limitations. They do not want to complain or feel like they are burdening others.
That is why we spend time getting to know our clients and understanding how their injuries have affected their daily lives. Sometimes we also speak with family members or close friends who have witnessed those changes firsthand.
Pain and suffering can include much more than physical pain. It may involve:
These are real losses that deserve consideration.
How Do Lawyers Estimate Pain and Suffering?
One tool attorneys often use is comparing similar cases that have already been decided by Louisiana courts.
By reviewing prior jury verdicts and court decisions involving similar injuries, we can better understand how courts have valued comparable claims in the past. Lawyers often refer to this process as a "quantum study."
While no two cases are identical, these comparisons provide valuable guidance when evaluating a claim.
When Is Pain and Suffering Evaluated?
The value of a claim often changes over time.
Someone who is still undergoing treatment may not yet know whether they will make a full recovery, require future medical care, or continue experiencing pain long term.
For that reason, we continually evaluate our clients' claims throughout the course of representation.
The most detailed evaluation usually occurs when we prepare a settlement demand package for the insurance company. At that stage, we gather all available information regarding medical expenses, lost wages, future damages, pain and suffering, and other losses in order to present a complete picture of how the accident has affected our client.
Throughout the process, we keep our clients informed so they understand how their claim is developing and what factors may affect its value.
Questions About a Truck Accident Claim?
If you have been injured in a truck accident in Covington, Mandeville, Slidell, Hammond, or anywhere across the Northshore or New Orleans metro area, contact Flattmann Law today for a free and confidential consultation.
Call (985) 590-6182 today.
When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
