If you’ve been hurt in an accident caused by someone else’s negligence, you may be entitled to compensation for your losses. In personal injury cases, this compensation is referred to as “damages.” These damages are meant to help you recover physically, emotionally, and financially from the harm you’ve suffered. Understanding the different types of damages available under Louisiana law can help ensure you seek the full amount you’re owed—and avoid leaving money on the table.
What Types of Damages Am I Entitled to?
There are two broad categories of damages to which you may be entitled: compensatory and punitive.
Compensatory damages—the most common type of damages awarded in personal injury cases—aim to restore the injured party. They reimburse for financial, emotional, and physical impacts of the injury. Punitive (or “extra”) damages are generally not allowed unless expressly authorized by law.
Compensatory damages are divided into two main categories: economic damages and non-economic damages.
Economic Damages
Economic damages are tangible financial losses, including:
- Lost wages (e.g., did you have to miss work because of injuries caused by the accident?)
- Loss of earning capacity due to permanent disability or limitations on your ability to work in the future
- Medical costs from accident injuries, including hospital bills, surgical procedures, medications, and future medical care related to the injury
- Repair costs for personal property involved in the accident
It’s important to account for all of your economic damages in order to ensure a full recovery.
Non-Economic Damages
Non-economic damages are intangible losses, including:
- Pain and suffering (covering both physical and emotional pain, such as post-traumatic stress disorder)
- Loss of consortium (those damages felt by your spouse or close relative because of your injuries from the accident)
- Loss of enjoyment of life (including hobbies, social activities, or other pursuits you once enjoyed)
These damages are harder to quantify, but a skilled personal injury lawyer can ensure you get all the non-economic damages you may be entitled to.
How Are Damages Calculated?
Economic damages are easy to figure out. They rely on concrete data, like medical bills and pay stubs. Experts, such as medical professionals and economists, can estimate future medical costs or lost earnings.
Calculating non-economic damages can be challenging. This is due to their subjective nature. There are two main ways to calculate non-economic damages: the multiplier method and the per diem method.
With the multiplier method, we first calculate the total economic damages. That figure is then multiplied by a severity multiplier, which indicates the level of pain and suffering. The multiplier usually ranges from 1.5 to 5. Higher values mean more severe injuries.
The per diem method focuses on the time from the accident to when you achieve maximum medical improvement (i.e., the stage where further treatment is unlikely to improve your condition). We start by determining a daily value for your pain and suffering. Next, we multiply this daily value by the total number of days you felt pain. This daily value considers both your income and a reasonable amount for pain and suffering.
Are There Limits on Compensatory Damages in Louisiana?
In Louisiana, most personal injury cases have no limits on compensatory damages. Accident victims can recover the full amount of their losses, including medical bills, lost wages, and pain and suffering. However, there are two exceptions. A $500,000 cap applies to medical malpractice claims and claims against government entities.
What Factors are Considered in Calculating Compensatory Damages?
Several factors can influence how compensatory damages are awarded.
The following factors may lead to larger awards:
- Severe injuries that caused long-term or permanent effects
- Extreme carelessness or recklessness on the part of the responsible party may lead to higher compensation
- Injuries that are likely to result in future medical expenses and future lost wages
Figuring out damages can be hard because the true “cost” of the accident isn’t always known right away. To treat an injury, you might need to visit various doctors. This process can also involve trying different types of medication and therapy. Finding the right mental health care for trauma after the accident might also take a while.
Here are a few things to think about if you find yourself reeling from an accident:
- If you were physically injured as a result of the accident, see a doctor as soon as you can. Prompt diagnosis and treatment lay the groundwork for you to receive compensation for medical expenses.
- Keep detailed records of all your accident expenses. This is key to figuring out what damages you might be owed. Pictures from the scene of the accident can also help an accurate determination to be made.
- Because calculating damages involves consideration of a number of different factors, it’s best to talk to a lawyer about your specific situation so that you have a clear understanding of your options for recovering damages. Don’t put this off for too long—you need to take action before the statute of limitations expires.
It’s completely understandable if you are uncertain what to do in the days and weeks after an accident, but a skilled personal injury lawyer can help.
Contact Our Lafayette Personal Injury Lawyers for a Free Consultation
Understanding the types of damages available in a personal injury case is essential to recovering the full amount you deserve. In Louisiana, the law allows you to seek both economic and non-economic damages, even if you were partially at fault.
Calculating and proving these damages can be complex. That’s why it’s critical to speak with an experienced Lafayette personal injury attorney. A lawyer from Kenny Habetz Injury Law can help you gather evidence, calculate future losses, and make sure no damages are left off the table. Don’t wait—protect your rights and start your path to recovery today, call us today at (337) 399-9000 to receive a free consultation.
