The pain that follows a serious accident does not show up on a receipt. You may struggle with sleepless nights, anxiety or hobbies you can no longer enjoy. Louisiana law may allow you to seek compensation for these losses, but you must prove them.
What counts as pain and suffering in Louisiana
Pain and suffering refers to the non-economic harm an injury causes. It can include physical pain, emotional distress, depression, sleep problems and loss of enjoyment of life. Under Louisiana Civil Code art. 2315, a person whose fault causes damage must generally repair it. Louisiana courts often rely on this article when they award general damages.
Evidence that may support your claim
These damages have no bills or pay stubs behind them. Strong documentation can show how the injury changed your daily life. Helpful evidence may include:
- Medical records: Diagnoses, treatment notes and long-term outlook from your doctors.
- Mental health records: Evaluations that document anxiety, depression or trauma symptoms.
- Pain journals: Daily notes on your symptoms and limits on routine tasks.
- Photos and videos: Images of your injuries and your recovery over time.
- Witness accounts: Statements from family or friends about changes in your life.
- Expert opinions: Professional views on your future care and limitations.
Consistent records can make your account harder for an insurer to dispute.
Why strong proof matters
Insurers often challenge these claims because pain is subjective. An adjuster might argue that you exaggerated symptoms or recovered quickly. Gaps in treatment can also raise doubts about your injuries. When your records tell a consistent story, your claim may carry more weight.
Building a claim that reflects your losses
Pain and suffering can cover physical discomfort, emotional distress and lost enjoyment of life. Medical records, journals, photos and witness accounts may help you prove these losses under Louisiana law.
This matters because the strength of your proof can directly affect the compensation you recover. Documentation like this often shapes the outcome of personal injury cases. If your claim becomes contested or complicated, an attorney’s input may help you weigh your options.