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How Do You Calculate Pain and Suffering Damages? 

Author: Landyn A. Gautreau

Understanding what you should know before you’re ever in a motor vehicle accident is the only way to navigate the chaos of the first ten minutes after a crash. Most people assume that having an insurance card in the glove box means they are prepared, but insurance is only half the battle.

The actions you take—or fail to take—in the first sixty seconds on the scene can dictate the next two years of your life. In Louisiana, the legal landscape moves fast. Once crews clear the debris, you lose the chance to capture the evidence needed to hold a negligent driver or trucking company accountable. If you prepare now, you prevent a single moment of chaos from turning into a lifetime of financial burden.

The Policy Gap (Why Your Coverage is Probably Incomplete)

One of the most expensive lessons Louisiana drivers learn too late is that “full coverage” is often a myth. While you may have a valid policy, it likely contains a massive gap: Uninsured/Underinsured Motorist (UM/UIM) coverage. In simple terms, UM/UIM is the insurance you buy to protect yourself when the person who hits you doesn’t have sufficient insurance limits to cover your medical bills or vehicle damage.

Many Louisiana drivers carry only the state-mandated minimum liability limits. If one hits you and you lack UM coverage, you pay for their negligence. This gap can leave you owing thousands for medical bills and lost wages. You may pay even when you did nothing wrong.

The Louisiana Department of Insurance (LDI) provides an official “Consumer’s Guide to Auto Insurance” designed to help drivers understand complex policy terms and coverage gaps, including essential UM/UIM options. Utilizing this guide as a checklist for reviewing insurance declarations pages helps drivers ensure adequate protection before an accident occurs. For a direct link, you can review the official resource here: Louisiana Department of Insurance Consumer Guide.

To protect your future, don’t wait until you’re filing a claim to see what’s in your policy. Call your insurance agent today and ask to review your declarations page. Ensuring you have sufficient UM/UIM coverage is the single most important proactive step you can take before a wreck ever happens.

The Digital Witness (Why You Need a Dashcam Now)

In the immediate aftermath of a high-stakes wreck, conflicting statements and inconsistent police reports often bury the truth. To prove fault in a car accident, you need objective, indisputable evidence. A high-quality dashcam gives you that advantage. It’s one of the smartest investments you can make before you leave your driveway. When your dashcam captures the collision, you can eliminate disputes that would otherwise drag your case out for months—or even years.

Dashcam evidence in Louisiana becomes even more important in crashes involving 18-wheelers and commercial vehicles. Trucking companies use advanced data recorders and GPS tracking to protect themselves from the moment of impact. You need your own digital witness to protect your side.

Whether a driver runs a red light or makes an illegal lane change, footage captures the truth in real time. It puts you in control and keeps the facts clear.

Silence is Golden (The Truth About Insurance Adjusters)

Most people learn this lesson too late: the “friendly” insurance adjuster who calls within 24 hours of a wreck is not on your side. Their goal is to protect the company’s bottom line. They often push you into giving a recorded statement before you see a doctor or fully process what happened.

Report the accident to your insurance company. You do not have to give a recorded statement or discuss your current pain. Adjusters use tactics to minimize your injuries or shift blame onto you. Before you speak or sign anything, remember: silence protects you. Let your attorney handle communication to protect your case.

Checklist: The “First 60 Seconds” Prep

    • Physical Insurance Card: Don’t rely on a digital app if your phone is damaged or dead after a crash.

    • The “Scene Sweep” Photos: Take photos of skid marks, street signs, and the position of the vehicles before they are moved.

    • The Police Report: Never leave the scene of a “minor” bump without an official report; hidden damage often appears days later.

Preparation is Your Best Defense

By taking these proactive steps today, you are doing more than just buying insurance or a camera; you are securing your future recovery.

You cannot control when a negligent driver will cross your path, but you can control how prepared you are for the aftermath. From ensuring your policy has sufficient UM/UIM limits to having a digital witness on your dashboard, your preparation is what transforms a chaotic situation into a manageable legal case.

Don’t Wait Until the Evidence Disappears

If you have been involved in a wreck, or if you want a professional review of your current auto policy to ensure you are truly protected, the team at Saunders & Chabert is here to help. We don’t just take your case; we do the groundwork ourselves to ensure no detail is overlooked.

Protect your rights before the clock runs out. Contact Saunders & Chabert today for a free consultation at (225) 771-8100 or visit us online to learn more about our “No Hand-Off” approach.

Author: Landyn A. Gautreau

Understanding what you should know before you’re ever in a motor vehicle accident is the only way to navigate the chaos of the first ten minutes after a crash. Most people assume that having an insurance card in the glove box means they are prepared, but insurance is only half the battle.

The actions you take—or fail to take—in the first sixty seconds on the scene can dictate the next two years of your life. In Louisiana, the legal landscape moves fast. Once the debris is cleared, it is often too late to capture the evidence needed to hold a negligent driver or a trucking corporation accountable. By arming yourself with a strategy now, you ensure that a single moment of chaos doesn’t result in a lifetime of financial burden.

The Policy Gap (Why Your Coverage is Probably Incomplete)

One of the most expensive lessons Louisiana drivers learn too late is that “full coverage” is often a myth. While you may have a valid policy, it likely contains a massive gap: Uninsured/Underinsured Motorist (UM/UIM) coverage. In simple terms, UM/UIM is the insurance you buy to protect yourself when the person who hits you doesn’t have sufficient insurance limits to cover your medical bills or vehicle damage.

The “too late” reality in Louisiana is that many drivers carry only the state-mandated minimum liability limits. If you are involved in a wreck with one of these drivers and you don’t have UM coverage, you are essentially forced to pay for their negligence out of your own pocket. This gap can leave you responsible for thousands of dollars in hospital stays and lost wages, even when you did nothing wrong.

To protect your future, don’t wait until you’re filing a claim to see what’s in your policy. Call your insurance agent today and ask to review your declarations page. Ensuring you have sufficient UM/UIM coverage is the single most important proactive step you can take before a wreck ever happens.

The Digital Witness (Why You Need a Dashcam Now)

In the immediate aftermath of a high-stakes wreck, the truth often gets buried under “he-said, she-said” arguments and conflicting police reports. One of the most effective ways to ensure proving fault in a car accident is through objective, indisputable evidence. This is why a high-quality dashcam is the single best investment you can make before you ever leave your driveway. When there is video footage of the collision, the disputes that usually drag a case out for months—or years—can vanish in an instant.

Dashcam evidence in Louisiana is particularly critical in cases involving 18-wheelers and commercial vehicles. Large trucking companies are equipped with their own sophisticated data recorders and GPS tracking designed to protect their interests from the moment an impact is detected. To level the playing field, you need your own “digital witness.” Whether it’s an illegal lane change or a blown red light, having the footage ensures that the facts speak louder than any corporate legal team. 

Silence is Golden (The Truth About Insurance Adjusters)

Another lesson most people learn too late is that the “friendly” insurance adjuster calling 24 hours after a wreck is not on your side. Their primary goal is to minimize the company’s financial exposure, often by tricking you into a recorded statement before you’ve even seen a doctor or processed the trauma of the event.

You have a contractual duty to report the accident to your own insurance company, but you are under no obligation to provide a recorded play-by-play of the crash or the “current” status of your pain. Adjusters are trained to lead you into statements that minimize your injuries or suggest you were partially at fault. Before you provide any official statement or sign a release, remember: silence is your strongest legal protection. Let your attorney handle the communication so that your words aren’t used against your own recovery.

Checklist: The “First 60 Seconds” Prep

    • Physical Insurance Card: Don’t rely on a digital app if your phone is damaged or dead after a crash.

    • The “Scene Sweep” Photos: Take photos of skid marks, street signs, and the position of the vehicles before they are moved.

    • The Police Report: Never leave the scene of a “minor” bump without an official report; hidden damage often appears days later.

Preparation is Your Best Defense

By taking these proactive steps today, you are doing more than just buying insurance or a camera; you are securing your future recovery.

You cannot control when a negligent driver will cross your path, but you can control how prepared you are for the aftermath. From ensuring your policy has sufficient UM/UIM limits to having a digital witness on your dashboard, your preparation is what transforms a chaotic situation into a manageable legal case.

Don’t Wait Until the Evidence Disappears

If you have been involved in a wreck, or if you want a professional review of your current auto policy to ensure you are truly protected, the team at Saunders & Chabert is here to help. We don’t just take your case; we do the groundwork ourselves to ensure no detail is overlooked.

Protect your rights before the clock runs out. Contact Saunders & Chabert today for a free consultation at (225) 771-8100 or visit us online to learn more about our “No Hand-Off” approach.

By: Henri M. Saunders 

When we work with clients in personal injury lawsuits, we often get the most questions about pain and suffering damages. These type of damages can greatly impact how much our clients recover, yet it also tends to be confusing and unpredictable. 

To help demystify pain and suffering damages, we decided to do a quick overview of what they are and the most common strategies for calculating them. Hopefully, this will answer some of your questions but please don’t hesitate to contact us for more specific questions or additional clarity. 

What Is Pain and Suffering? 

One of the reasons that pain and suffering damages are hard to predict is because they are, by definition, intangible and hard to quantify. Pain and suffering is a type of damage that attempts to compensate injured parties for the intangible losses they incur from an injury.  

After calculating economic damages from medical bills, past or future lost income, and other specific expenses, pain and suffering damages serve to compensate for additional physical, mental, and emotional injuries that you suffer. Here are some examples of this type of loss: 

  • Pain;
  • Physical impairment;  
  • Emotional distress including anxiety, depression, and post-traumatic stress; 
  • Inability to participate in everyday activities; 
  • Decreased quality of life; 
  • Grief; 
  • Cognitive disorders – for example, brain fog. 

Methods for Calculating Pain and Suffering

While pain and suffering is abstract, experienced lawyers know how to present documentation and evidence to support the award of these damages. Things like expert testimony, medical records, daily journals, and testimony from family members and caregivers can all help establish that you are entitled to be compensated for your pain and suffering. 

The next part of the process is figuring out how much that compensation should be. This is where an experienced attorney can be the most helpful.  Experienced attorneys try cases and keep up with other jury verdicts.  No case is the exact same, but knowing what other juries in those same Parishes have done in the past are good indicators and the best starting place.  Let us be that experience for you! 

Contact Saunders & Chabert to Learn More 

Pain and suffering can be hard to quantify, but our team has experience documenting, arguing, and negotiating effectively to establish our clients are entitled to pain and suffering compensation. If you have questions about the damages you’re entitled to or how to get compensated for your injuries, contact us today. 

You can complete the online form for a free consultation or just give us a call at (225) 771-8100. We’re a small firm with lots of big-time experience. That means we know how to handle large personal injury lawsuits, but we’re always available to our clients. We look forward to talking with you. 

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