How a Personal Injury Case Is Valued: What Goes Into the Settlement Number in Louisiana
How a Personal Injury Case Is Valued: What Goes Into the Settlement Number in Louisiana
When someone is injured in an accident, one of the most common questions they have is, “How much is my case worth?” In Louisiana, the value of a personal injury case depends on several key factors that help determine the amount of compensation a victim may be entitled to receive. Understanding these factors can help injury victims set realistic expectations as they pursue a settlement or court award.
Key Factors That Influence Settlement Value
1. The Severity of the Injury
The more severe an injury, the higher the potential settlement. Permanent disabilities, traumatic brain injuries, or disfigurement typically lead to higher compensation than minor bruises or sprains. Medical records and professional evaluations play a major role in proving the extent of the injury.
2. Medical Expenses and Future Care
A settlement often includes reimbursement for medical costs—both current and anticipated. This includes hospital stays, surgeries, medication, therapy, and rehabilitation. Future medical needs can also be estimated and factored into the total value.
3. Lost Wages and Earning Capacity
If the injury prevents someone from working temporarily or permanently, the loss of income is added to the settlement calculation. In cases where the victim can no longer perform their job at full capacity, future lost earning potential is also considered.
4. Pain and Suffering
Louisiana law allows compensation for non-economic damages such as physical pain, emotional distress, and reduced quality of life. Though these are harder to quantify, they play a significant role in the total settlement number.
5. Fault and Comparative Negligence
Louisiana follows a “comparative fault” system. If the injured party is found partially at fault for the accident, their compensation may be reduced by the percentage of their responsibility. For example, being 20% at fault means receiving 80% of the total damages awarded.
6. Insurance Coverage and Policy Limits
Even if your damages are extensive, the defendant’s insurance coverage often sets practical limits on what can be recovered unless the case proceeds to trial and the at-fault party has personal assets that can be pursued.
Getting Fair Compensation in Baton Rouge
Accurately valuing a personal injury claim requires a thorough review of all damages and strong evidence to support them. At Schmolke Law Firm, we help Baton Rouge residents pursue the full compensation they deserve after an accident.
