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What Qualifies As Pain and Suffering?

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The phrase “pain and suffering” refers to a legal term that describes both the physical and emotional injuries suffered by an accident victim. It can include physical pain, mental anguish, no longer enjoying life, loss of health and vigor, not being able to work, and more.

Continue to read on to learn more about what qualifies as pain and suffering in Louisiana personal injury cases. 

What Is Included In Pain And Suffering?

This compensation is to recover all of the losses you suffered as a result of the wrongful conduct of another party. Damages typically include economic damages and noneconomic damages.

Economic Damages Include:

  • Medical bills (present and future)
  • Lost wages (current and anticipated)
  • Property damage
  • Cost of repairs

Non-Economic Damages Include:

  • Pain and suffering
  • Loss of employment
  • Humiliation
  • Loss of enjoyment

Non-economic damages are not easy to assign a dollar amount to. Pain and suffering can typically be found under this category. 

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Calculating Pain And Suffering Damages


According to the Pattern Jury Instructions, these damages are intangible, and the plaintiff does not have to provide any evidence of their value to them. Instead, the courts instruct juries to consider what amount will fairly compensate the victims for their damages. This compensation should be no more or no less than what is fair, and juries are not to award a higher amount of damages to punish a defendant as part of the compensatory damages award. However, the courts can impose punitive damages for this purpose.

The goal is to make the victim whole again after suffering losses from the accident caused by the negligent party. The jury instructions further state that “there is no exact standard” for determining the value of this form of compensation, and any award must be “fair in the light of the evidence.”

Proving Pain And Suffering

To establish either physical or emotional pain and suffering, documentation and evidence must support the claim. This evidence may include:

  • Doctor’s notes
  • Medical evidence such as X-rays, MRI reports, etc.
  • Photographs
  • Personal journals that document the victim’s pain
  • Testimony from the victims, friends, neighbors, and relatives
  • Therapist or mental health counselor’s notes

The more evidence provided, the more the insurance company, judge, or jury will see how this accident negatively impacted the victim’s life due to pain and suffering. While you may be able to collect most of this evidence yourself, our lawyers will work to collect this evidence for you so that you can focus on recovering. 

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Consult With A Lafayette Personal Injury Lawyer Today

For over 30 years, Craig and his team have helped thousands of personal injury victims pursue compensation for damages owed to them. We are dedicated to providing competent, compassionate legal support and giving you and your family the personalized attention you deserve. Our lawyers are committed to fighting for your rights and helping you recover maximum compensation for your injuries and losses. Give us a call today. Our conversations are always free, and you don’t pay anything unless we win your case!

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