Partner at AKD Lawyers
Practice Areas: Insurance Claims
When someone suffers an injury because of another person’s carelessness, the law allows them to recover compensation for their losses. This compensation—known as “damages”—can include things like medical bills, emotional pain, and, in some cases, punishment for bad behavior. In Louisiana, these damages fall into three categories: economic, non-economic, and punitive.
Understanding how these damages work is essential if you’re filing a personal injury claim. This guide breaks them down so you know what to expect.
What Are Personal Injury Damages?
In a personal injury case, damages are the financial amount an injured person may receive after being harmed due to someone else’s negligence. The goal is to return the injured person as close as possible to their life before the accident.
There are three types of personal injury damages you should know about:
- Economic damages cover measurable, out-of-pocket losses like hospital bills and lost income.
- Non-economic damages compensate for emotional suffering and lifestyle changes.
- Punitive damages punish the wrongdoer in exceptional cases involving reckless or intentional harm.
Under Louisiana Civil Code Article 2323, damages may be reduced in proportion to a plaintiff’s fault. Even if you are partially at fault, you may still recover compensation.
This legal rule is essential. It means that even if you share some blame for the accident, you can still receive a partial recovery.
Economic Damages in Personal Injury Cases
Economic damages are the easiest to prove because they involve real costs with receipts and records. If you’ve paid money or lost income because of your injury, these losses fall under economic damages.
Common Examples of Economic Damages
Medical expenses often make up the most significant part of a personal injury claim, covering ER visits, surgery, therapy, and future care. Lost wages during recovery and reduced ability to work—known as loss of earning capacity—are also common. Claims may include property damage and out-of-pocket costs like transportation or home care. According to the Insurance Research Council, those with legal representation typically receive 3.5 times more in settlements.
Non-Economic Damages and Their Subjective Nature
Not all harm from an injury shows up on a bill. The law also recognizes emotional and physical suffering that impacts your daily life. These are non-economic damages.
What Counts as Non-Economic Damages?
Non-economic damages are harder to measure because they don’t come with a price tag.
Common examples include:
- Pain and suffering from the injury
- Emotional distress or anxiety
- Loss of enjoyment of life
- Scarring, disfigurement, or permanent disability
- Loss of companionship or support from a spouse (loss of consortium)
How Are They Calculated?
Non-economic damages vary depending on how severe and permanent the injury is. Courts often use the multiplier method, multiplying the total economic damages by a number between 1.5 and 5 based on the severity of the injury.
In 2023, a Louisiana man was awarded $10.1 million in non-economic damages for physical pain and emotional suffering after a workplace injury.
This shows how seriously the courts take the lasting effects of injuries.
Punitive Damages in Louisiana: When Are They Available?
Unlike the other two types of damages, punitive damages are not meant to compensate the victim. They are intended to punish the wrongdoer and deter others from doing the same thing. In Louisiana, punitive damages are rare. They’re only available in particular cases.
In Louisiana, punitive damages are not available in all personal injury cases. They are generally reserved for egregious conduct, such as drunk driving or intentional harm.
When Can You Get Punitive Damages?
Louisiana Civil Code Article 2315.4 allows punitive damages if the injury was caused by someone operating a vehicle while intoxicated and acting with reckless disregard for others’ safety.
Punitive damages may also apply in extreme situations, such as intentional fraud or assault, but courts require strong proof that the defendant’s behavior was especially harmful.
In 2022, a Louisiana jury awarded $12 million in punitive damages against an insurance company for delaying a policyholder’s seven-year claim.
How Are Damages Calculated in Personal Injury Cases?
Calculating damages depends on the type. Economic losses are added up using receipts, while non-economic damages are more subjective.
| Type of Damage | Description | Common Examples | Evidence Required |
| Economic Damages | Tangible financial losses | Medical bills, lost wages, property repairs | Bills, receipts, wage records |
| Non-Economic Damages | Intangible personal suffering | Pain, disfigurement, emotional trauma | Journals, mental health evaluations |
| Punitive Damages | Penalty for reckless or intentional behavior | Drunk driving, intentional assault | Police reports, prior misconduct records |
Proving Your Damages: Evidence and Legal Strategy
To win damages, you must show proof. For economic losses, keep copies of all bills and work records. To support non-economic damages, keep a journal about your recovery and ask loved ones to share how your life has changed.
In severe cases, lawyers often bring in doctors, mental health professionals, or vocational experts to explain how the injury has affected your health and ability to work.
Frequently Asked Questions
What’s the difference between economic and non-economic damages?
Economic damages are financial losses you can prove with documentation, like medical bills or pay stubs. Non-economic damages refer to emotional and physical suffering without a fixed dollar amount.
Are punitive damages always available in Louisiana personal injury cases?
No. Louisiana only allows punitive damages in specific cases, such as drunk driving or intentional harm. They are not awarded for ordinary negligence.
How are pain and suffering damages calculated?
Courts often use the multiplier method, multiplying your economic damages by a number (like 1.5 to 5) based on injury severity. It’s not an exact science and varies case by case.
What evidence helps prove my damages?
Medical records, wage statements, repair estimates, personal journals, and expert testimony are all commonly used to prove the extent of your damages.
Do I need a lawyer to recover damages?
While not legally required, working with an experienced personal injury lawyer can help ensure all your damages are properly documented and presented, improving your chances of fair compensation.
Conclusion
Understanding how damages work in a personal injury case is key to getting fair compensation. Economic damages pay for your bills and lost income. Non-economic damages recognize your emotional pain and changes to your life. Punitive damages punish bad behavior when it’s extreme.
Each case is different, but having the proper guidance can make a big difference. If you’ve been hurt and want to explore your legal options, the attorneys at Alvendia, Kelly & Demarest Accident Injury Lawyers are here to support you through every step. Contact Alvendia, Kelly & Demarest Law Firm today to schedule your free consultation and learn how they can help you move forward.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
