Louisiana Personal Injury Cases: What Categories of Damages am I Allowed to Recover?

February 2, 2021 18-Wheeler Truck Accidents

Louisiana Personal Injury Cases: What Categories of Damages am I Allowed to Recover? 

If you or someone you love has been injured in a Louisiana automobile accident or some other type of accident, under Louisiana law, you are entitled to make an insurance claim or file a lawsuit to recover compensation for injuries and property damage. The purpose of recovering money damages is to “make the victim whole” — or, as “whole” as possible given that it is impossible to undo an injury. Here in Louisiana, there are many categories of compensatory damages that an accident victim can claim. To obtain the maximum recovery, dedicated and proven Louisiana personal injury attorneys like those at Mansfield, Melancon, Cranmer & Dick LLC know that it is important to seek recovery of every type of compensation that is applicable under the given facts of the case. Here is a brief list of the more important categories of damages that a victim can potentially recover.

Medical Bills and Expenses

This is often the largest category of damages. In Louisiana, these are called “special damages” since they are quantifiable and subject to mathematical calculation. This includes ambulance charges, emergency room fees, surgeries, the cost of hospitalizations, physical therapies, rehabilitation stays, prescriptions and other medicines, medical devices, doctor’s visits and follow-ups, and more. Recovery is permitted for past and for future medical expenses.

Damage to Property 

This is another category of special damages. This category covers the costs of repairing your vehicle and any other property that might have been destroyed or damaged as a result of the accident.

Out-of-Pocket Expenses

The accident may also have resulted in various other expenses which can be recovered including car rental, costs for other forms of transportation, and more.

Lost Earnings, Wages, and Income  

If the injuries take time to heal, a victim of a Louisiana accident is entitled to seek recovery for lost earnings, wages, and income. This category is also special damages. In some circumstances, if the injuries are severe enough to cause temporary or permanent disability, there can be a claim made for loss of lifetime earnings. Included here might be lost income from use of a vehicle if, for example, the accident was a Louisiana auto accident and the vehicle was used for ride-sharing and similar types of work.

Pain and Suffering

 Pain and suffering damages are a category of “general damages” since pain and suffering is not something that can be mathematically calculated. Every injury is painful and causes a certain amount of suffering by the victim. A victim can recover for this pain and suffering.

Scarring, Disfigurement, and Loss of Limb

In cases where there has been scarring, disfigurement and/or loss of limb, Louisiana personal injury law allows victims of accidents to recover a separate award for these permanent injuries.

Fear and Apprehension of Harm

 This is another type of general damages. If the victim of the accident was, at some point, aware that the accident was about to happen, then the victim can recover for fear and apprehension of harm.

Mental Anguish Damages

 In many cases, Louisiana accident victims are entitled to recover for what are called mental anguish damages, such as:

  • Mental and emotional trauma
  • Distress
  • Anxiety
  • Depression

To recover for these types of mental anguish damages, the victim of the accident must have suffered some physical injury or property damage or there must exist some “special circumstance” to ensure that the claim of mental anguish is not spurious.

Loss of Normal Life/Enjoyment

In some cases, Louisiana law allows an accident victim to seek recovery for loss of normal life or loss of enjoyment of life. To recover these types of damages, the injury must have been severe enough and permanent enough to prevent the victim from engaging in the important, normal, and pleasurable activities of life.

Our Attorneys Can Help

 For more information, contact the Louisiana personal injury attorneys at Mansfield, Melancon, Cranmer & Dick LLC. If you have been the victim of a Louisiana accident, we have a proven track record of success with many types of personal injury cases including Louisiana automobile accidents. Contact us by calling one of our offices: New Orleans at (504) 500-1108, Baton Rouge at (225) 612-0800, or Lafayette at (337) 409-0003. You can also request a free consultation by using our “Contact Us” page.