Punitive damages are only awarded in Louisiana personal injury cases when expressly provided for by law. At Chris Corzo Injury Attorneys, our Baton Rouge injury lawyers will fight to recover all available compensation for you.
If punitive damages are permitted in your case, our team of personal injury attorneys will let you know and will work to obtain every dollar you are entitled to.
What Are Punitive Damages?
The damages injury victims typically recover are called compensatory damages because they are intended to compensate the victim for their losses and expenses. They include economic damages such as current and future medical costs, lost wages, loss of earning capacity, property damage, and other financial losses.
Compensatory damages also include non-economic damages like pain and suffering, mental and emotional distress, loss of enjoyment of life, and other intangible costs.
Punitive damages, on the other hand, are not designed to compensate the injury victim. Rather, they are intended to punish the wrongdoer and deter similar future conduct. Punitive damages are also known as exemplary damages.
The General Rule of Punitive Damages in Louisiana
The general rule regarding punitive damages in Louisiana is outlined in Louisiana Civil Code Article 3546, which states:
“Punitive damages may not be awarded by a court of this state unless authorized:
(1) By the law of the state where the injurious conduct occurred and by either the law of the state where the resulting injury occurred or the law of the place where the person whose conduct caused the injury was domiciled; or
(2) By the law of the state in which the injury occurred and by the law of the state where the person whose conduct caused the injury was domiciled. “
Thus, Louisiana courts cannot award punitive damages unless a statute expressly authorizes them.
When Punitive Damages Are Allowed in Louisiana Personal Injury Cases
The Louisiana Civil Code authorizes an award of punitive damages only in the following circumstances:
- Drunk driving accidents. Under Louisiana Civil Code Article 2315.4, punitive damages may be awarded if the defendant’s intoxication while driving was the cause of your injuries.
- Criminal sexual activity involving a minor. Louisiana Civil Code Article 2315.7 allows punitive damages to be awarded against a perpetrator when the victim of a sex crime was seventeen or younger.
- Injury involving child pornography. Louisiana Civil Code Article 2315.3 permits punitive damages in certain cases involving child pornography.
- Domestic abuse. When the abuse of a family or household member caused serious bodily injury or severe emotional distress under Louisiana Civil Code Article 2315.8.
- Hazing deaths. Punitive damages are permitted under Louisiana Civil Code Article 2315.10 when a death results from hazing.
- Sexual assault in the workplace. Louisiana Civil Code Article 2315.11 permits punitive damages against a perpetrator if acts of sexual assault in the workplace caused injuries.
Our Baton Rouge personal injury lawyers can advise you during your consultation regarding whether punitive damages may be available in your case.
Talk to a Baton Rouge Personal Injury Attorney For Help With Your Case
If you have been injured due to another party’s negligence, you have the right to pursue compensation for your damages. Damages you may be able to recover include economic and non-economic damages. In rare cases, punitive damages may also be appropriate.
At Chris Corzo Injury Attorneys, our Baton Rouge personal injury lawyers have a proven record of securing maximum compensation for our clients, and we can help you recover the full value of your claim. Call our injury attorneys today at (225) 999-1111 or visit our contact page and schedule a free consultation.