Partner at AKD Lawyers
Practice Areas: Personal Injury
A crash can upend your life in seconds. Beyond the shock and the pain, you may be staring down medical bills, lost income, and stress you never planned for. So how do you know what your claim is actually worth, and what affects its value?
Comprehending the types of damages available is the key to not settling for less than you deserve. This guide breaks down economic, non-economic, and punitive damages, explains how they are calculated under Louisiana law, and outlines the steps to protect your recovery. If your losses are serious, a New Orleans auto collision attorney can help you put real numbers to them, but the basics below are a strong starting point.
Economic damages
Economic damages cover the real financial losses from your crash. They are the easiest to total because each one has a dollar figure attached.
Medical expenses are usually the largest piece, covering emergency care, surgery, prescriptions, physical therapy, and any ongoing treatment. Even seemingly slight injuries can rack up real bills once follow-up care is involved.
Lost income is another major part of a car accident claim. If your injuries force you to miss work, you may be able to recover the wages you lost. If the injury affects your ability to work in the future, your claim may also include reduced earning capacity. Property damage is usually included, such as the cost to repair or replace your vehicle and any damaged items inside it.
Non-economic damages
Non-economic damages are harder to quantify because they cover the human cost of a crash rather than a receipt.
Pain and suffering compensation addresses physical pain and the mental strain, including chronic pain, anxiety, depression, and PTSD, that can continue long after the body heals. Loss of enjoyment of life may also count when injuries keep you from hobbies, sports, or simply living the way you did before.
Exemplary (punitive) damages in Louisiana
Louisiana generally does not allow punitive damages, with a key exception for drunk driving. Under La. Civ. Code art. 2315.4, a court can award exemplary damages when injuries are caused by the wanton or reckless disregard of an intoxicated driver whose impairment helped cause the crash.
These damages are not meant to compensate you. They exist to punish dangerous conduct and discourage it. A criminal conviction is not strictly required, but the evidence must show intoxication, recklessness, and a link to your injuries.
What affects the value of your claim
Every crash is different, and different factors drive what your case is worth:
- Severity and permanence of your injuries. Serious or lasting injuries that require extensive treatment generally lead to higher recoveries.
- Impact on work and daily life. If you cannot return to your job or your earning ability is permanently reduced, your claim value rises.
- Property damage. A totaled vehicle or heavy damage supports a larger claim.
- Strength of the evidence. Medical records, the police report, and witness or expert input all matter.
- Your share of fault. Louisiana’s comparative fault rule can reduce or bar your recovery (more on that below).
How damages are calculated
Insurers and attorneys often use one of two methods to estimate non-economic damages.
Two common methods are used to estimate pain and suffering.
The multiplier method takes your medical bills and lost income and multiplies them by a number, often between 1.5 and 5, based on how serious the injury is. If those losses total $20,000 and a multiplier of 3 is used, that suggests about $60,000 in non-economic damages.
The per diem method assigns a daily value to your pain. For example, $200 per day over 100 recovery days equals about $20,000. In real cases, these methods are only guides. The final value depends on the facts, records, and impact on your life.
How Louisiana’s fault rule affects your recovery
Louisiana has changed its shared-fault rule. For crashes on or after January 1, 2026, your recovery is reduced by your share of fault under La. Civ. Code art. If you are 51% or more at fault, you recover nothing.
For crashes before that date, the older pure comparative fault rule applies, which may allow a lowered recovery even if you were mostly at fault.
The path to compensation
Start with medical care and documentation, even if injuries seem minor, because the record links your injuries to the crash. Next, file the insurance claim and be cautious with adjusters, whose goal is to keep payouts low.
If negotiations stall, a lawsuit may be necessary. Louisiana sets a filing deadline for crashes on or after July 1, 2024, you generally have two years from the date of injury (La. Civ. Code art. 3493.11), up from the old one-year period.
Acting early protects the evidence and your right to recover compensation.
Types of damages at a glance
| Economic | Measurable financial losses | Medical bills, lost wages, vehicle repairs |
| Non-economic | The human cost of the crash | Pain and suffering, loss of enjoyment of life |
| Exemplary | Punishment for egregious conduct | Drunk-driving crashes (La. Civ. Code art. 2315.4) |
Frequently Asked Questions
What should I do right after a crash to support my claim?
Get medical care, photograph the scene, exchange information, gather witness contact information, and obtain the police report. These steps build the record on which your claim relies.
Can I still recover if I was partly at fault?
Often, yes. For crashes on or after January 1, 2026, your recovery is reduced by your share of fault and barred only if you are 51% or more responsible.
How long do I have to file a car accident claim in Louisiana?
For crashes on or after July 1, 2024, you usually have two years from the date of injury (La. Civ. Code art. 3493.11). Older crashes followed a 1-year deadline.
What if the insurer’s offer is too low?
You can push back. Evidence of future medical care, lost earning capacity, and the full impact of your injuries can help support a higher offer.
Can I get punitive damages after a crash?
Only in limited cases. Louisiana may allow exemplary damages for an intoxicated driver’s reckless conduct that causes a crash under art. 2315.4.
Talk to a New Orleans Car Accident Lawyer
Recovering from a crash is about more than healing. It is about securing what you need to move forward. If you want to understand the full value of your claim before an insurer talks you down, Alvendia, Kelly & Demarest is here to help. Call (504) 200-0000 for a free consultation. No fee unless we win. Tell us what happened.
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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.
