Pain and Suffering Damages in Louisiana
Pain and suffering is one of the largest components of any personal injury settlement in Louisiana. Under pure comparative fault, understanding how these non-economic damages are calculated — and any caps that apply — is essential before accepting any offer.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
$12,000 – $60,000
Avg Settlement
1 years
Statute of Limitations
How P&S Damages Are Calculated in Louisiana
Courts and insurance adjusters in Louisiana typically use one of two methods to calculate pain and suffering: the multiplier method (multiply your economic damages by 1.5–5× depending on severity) or the per diem method (assign a daily dollar value for each day you suffered).
Because Louisiana uses Pure comparative fault, your pain and suffering award is reduced proportionally by your share of fault. Even 80% fault still allows partial recovery.
Factors That Increase P&S Value
Severity & Duration
Permanent injuries, chronic pain, and long recovery periods command higher multipliers.
Impact on Daily Life
Inability to work, loss of hobbies, relationship strain, and depression all support higher awards.
Medical Documentation
Regular doctor visits, therapy records, and specialist notes substantiate your suffering.
Pre-existing Conditions
Louisiana courts apply the "eggshell plaintiff" rule — defendants take you as they find you.
Louisiana Law Overview
Louisiana operates under a civil law legal tradition unique in the United States, derived from the Napoleonic Code rather than English common law. Despite this heritage, Louisiana personal injury law largely parallels other states in practice. Louisiana applies pure comparative fault, allowing plaintiffs to recover regardless of their fault percentage. The 1-year prescriptive period (statute of limitations equivalent) is among the shortest in the nation and is strictly enforced. Louisiana does not require no-fault PIP insurance. The state's oil and gas industry, maritime activity along the Gulf Coast, and unique legal quirks create specialized personal injury claims. Jones Act and general maritime law govern offshore worker injuries. Louisiana courts have historically produced significant jury verdicts, particularly in New Orleans. Workers' compensation is administered by the Office of Workers' Compensation Administration. Louisiana limits punitive damages to specific statutory circumstances, such as DUI-caused accidents under La. Rev. Stat. § 13:3203.