Damages are the legal term referring to what a victim can seek as compensation for the negligence of others. The categories for what damages can be sought after can be important in determining the ultimate recovery for a victim. For major injuries, seeking maximum compensation can be crucial as this amount may be needed to cover finances for an extended period of time while the victim is healing.
Statutory Damages in Louisiana
The general statute for damages can be found under Louisiana Civil Code Article 2315:
- “Art. 2315. Liability for acts causing damages
- A. Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
- B. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged.”
Under this statute, a victim is entitled to compensation to the extent fault of the negligent party causes the victim damage. Certain sets of scenarios are explicitly excluded, but there is no specific statute that lists every damage.
There are certain circumstances where punitive damages are awarded which are intended to punish egregious behavior. In general, the courts will recognize damages that fall into two main categories: general and specific damages.
General Damages in Louisiana
General damages are not easily quantifiable. Known as non-economic damages in other states, these damages are more subjective and are designed to reimburse for intangible losses. Because these are not directly calculated with receipts, the judge or jury will typically determine the value based on the evidence presented. Some examples include:
- Pain and Suffering: Compensation for physical discomfort and anguish caused by the injury.
- Emotional Distress: Psychological impact sch as anxiety, depression, or PTSD resulting from the injury.
- Loss of Enjoyment of Life: Injuries that prevent the victim from participating in daily activities or hobbies they previously would partake in.
- Disfigurement: Physical and emotional toll of burns, scars, or other injuries to the victim’s appearance.
- Loss of Consortium: Family members, such as spouses or children, who suffer from loss of companionship or affection due to the victim’s injuries.
Special Damages in Louisiana
Special damages are more directly quantifiable than general damages. Also known as economic damages in other states, special damages are tangible and can be calculated using documentation such as bills, receipts, or wage slips. Out-of-pocket financial harm is covered in these categories and is typically more objective and easier to prove. Examples include:
- Medical Expenses: Hospital bills for surgeries, in-patient stays, prescriptions, and physical therapy
- Loss of Earning Capacity: The amount the victim may have been able to earn and is now unable to after the accident.
- Property Damage: Any damage to repair or replace property, such as a car or personal items.
- Incidentals: Other miscellaneous costs, such as transportation to medical appointments, purchase of medical equipment, or temporary housing.
Contact Chris Corzo Injury Attorneys
If you or a loved one has been injured in an accident and have questions about the types of damages you may be entitled to recover, Chris Corzo Injury Attorneys is here to help. Our experienced Baton Rouge personal injury attorneys understands the complexities of Louisiana personal injury law and is committed to pursuing the full compensation you deserve.
Do I Have A Case?Answer a few quick questions about your accident.Check My Case We offer personalized guidance and will walk you through every step of the legal process with care and clarity. To speak with a member of our team or schedule a free consultation, call us at (225) 999-1111 or fill out our online contact form.
