Louisiana courts allow injury victims to recover different types of compensation depending on the details of their case. Since most settlements are based on what could happen in court, these types of damages (except possibly punitive damages) can also be requested during settlement talks. But to ask for them properly, you need to understand what they are and how they work.
Economic Damages
Economic damages are tangible losses that you can easily count. The following are some common examples.
Past Medical Expenses
You can demand compensation for all of your “reasonable and necessary” medical expenses, including hospital stays, surgery, prescription medication, doctor visits, etc. Without a physician’s referral, you might have trouble getting reimbursement for treatment that is not fully accepted by the medical community, such as chiropractic care and acupuncture. Economic damages should pay almost all of your medical bills for you.
Anticipated Future Medical Expenses
Hopefully, you will have completed all medical treatment before you file a claim. If you haven’t, however, you can rely on reasonable estimates to demand compensation for your anticipated future medical expenses. You will need thorough documentation because an insurance company might dispute your estimates.
Lost Earnings
If you missed work due to your injuries, you may be facing financial hardship. Calculating your lost earnings is easiest if you work a set schedule and are paid hourly. It’s also possible to calculate lost earnings for salaried employees. You can include the full value of lost sick leave and vacation leave that you took, even if you were paid for these days off.
Out-of-Pocket Expenses
Out-of-pocket expenses include any amounts you paid before you filed your economic damages claim. This could include child care, housekeeping, prescription and OTC medication, a wheelchair, etc.
Diminished Earning Capacity
Diminished earning capacity compares your ability to earn money before your accident with your ability to earn money after your accident, and it reimburses you for any deficit. If you are young and you sustain permanent injuries that render you unable to work again, your damages for diminished earning capacity are going to be high.
It is imperative that you calculate them accurately, because if you don’t, you could run out of money decades later. An expert witness can help your case by estimating these damages.
Property Damage
In personal injury law, the value of a totaled automobile is the most common property damage claim. Nevertheless, you can seek compensation for any property damage that you suffer as a direct result of your accident.
Non-Economic Damages
Non-economic damages are intangible losses that you cannot easily count.
They include:
- Physical pain and suffering
- Emotional distress
- Disfigurement
- Anxiety, depression, or PTSD
The victim’s close family member can also claim damages for loss of consortium (disruption of an intimate relationship due to the injury). Loss of consortium is typically a spouse’s claim, but can be made by other family members.
It surprises some people to learn that non-economic damages can amount to more than half of the total value of many personal injury claims.
Punitive Damages
Punitive damages are an extra amount that courts occasionally award to punish a defendant whose behavior was outrageous.
Louisiana courts are not particularly friendly to punitive damages, but they will award them under the following circumstances: DUI accidents and criminal sexual activity with an underage victim (under 17).
The standard of proof is very high, and you cannot win punitive damages absent specific authorization from a Louisiana statute. Under no circumstances is a court obligated to award punitive damages.
Wrongful Death Damages
Wrongful death damages differ from personal injury damages.
In Louisiana, wrongful death damages include:
- Funeral and burial expenses,
- The victim’s medical bills incurred before death,
- The victim’s lost wages,
- Family members’ loss of inheritance,
- Family members’ loss of household services,
- Family members’ grief and anguish,
- Loss of the victim’s guidance and support, and
- Loss of the victim’s companionship.
A Louisiana court will split wrongful death damages among surviving family members, with priority to the surviving spouse and children.
Contact Our Louisiana Personal Injury Lawyers for a Free Consultation
If you’ve been injured by someone else’s negligence in Louisiana, we can fight to get you the compensation you deserve.
Kenny Habetz Injury Law has won millions of dollars in compensation for its personal injury clients. We maintain offices in Lafayette, LA, and Crowley, LA. We operate under a contingency fee system, so you only pay attorney’s fees if you win. Contact us today at (337) 399-9000 for a free consultation.
