The goal of a personal injury lawsuit is to recover compensation for an accident or injury due to someone else’s negligence. This compensation may include compensatory damages for medical bills, lost wages, pain and suffering, and other losses. However, it may also include punitive damages in certain cases. The Baton Rouge personal injury lawyers at Mansfield Melancon Car Accident and Personal Injury Lawyers may be able to help you recover punitive damages after an accident, depending on the circumstances of your case.
What Are Punitive Damages in Baton Rouge, Louisiana?
Punitive damages may be awarded in personal injury cases where the person responsible for your harm was found to have acted recklessly, maliciously, or intentionally. They are not intended to compensate you directly for the accident. Instead, their primary purpose is to punish the at-fault person for their behavior and deter others from engaging in similar acts in the future. Punitive damages are less common than compensatory damages.
What Are Compensatory Damages in Baton Rouge, Louisiana?
Compensatory damages are different than punitive damages. They are awarded in personal injury cases designed to put you back to where you were before the accident. They may cover economic damages, such as medical bills, lost wages, and property damage, as well as non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. The goal is to make you “whole” again through financial compensation for all the harm you have endured. A Louisiana personal injury lawyer can help you gather evidence of your compensatory damages after an accident.
The Legal Standard for Punitive Damages
You will generally need to prove that those responsible for your accident were more than just negligent. To qualify for punitive damages, you may need to show that the at-fault party, or defendant, acted with:
- Gross negligence: The defendant’s behavior went beyond ordinary negligence and showed a blatant disregard for your safety.
- Recklessness: The defendant knew or should have known that their actions would likely cause you harm.
- Malicious intent: The defendant deliberately intended to cause you harm or acted maliciously toward you.
A Baton Rouge personal injury attorney can help determine whether your case may qualify you to pursue punitive damages based on Louisiana state law.
Scenarios Where Punitive Damages May Be Awarded in Louisiana
Louisiana state law limits the types of cases in which you may be awarded punitive damages. You may pursue punitive damages if you or a loved one have been a victim of:
- Drunk driving: A driver who chooses to operate a vehicle while intoxicated and causes a severe accident may be subject to punitive damages. You must show the intoxicated driver showed a wanton or reckless disregard for your rights and safety while driving their vehicle, and that was the cause of your injury.
- Criminal sexual activity: Minor victims of criminal sexual activity may pursue punitive damages if they were seventeen years old or younger when the act was committed.
- Hazing deaths: Family members of victims killed by hazing may pursue punitive damages if the hazing showed a wanton and reckless disregard for their rights and safety.
- Domestic violence: Victims of domestic abuse may receive punitive damages if the abuse resulted in serious bodily injury or severe mental or emotional distress.
A Baton Rouge personal injury lawyer can help pursue potential punitive damages if you or a loved one have been injured in these types of cases.
Other Considerations in Baton Rouge Personal Injury Cases
Punitive damages in Louisiana are awarded on a case-by-case basis. A judge or jury in Louisiana court will look at the specifics of your case to determine whether punitive damages may be appropriate. This requires evaluating:
- The nature and severity of your injuries
- The magnitude of your physical, emotional, and financial damages
- The egregiousness and recklessness of the conduct involved
- The likelihood that the person responsible for your injuries will do it again
- The need to deter others in society from behaving similarly
Evidence is important for substantiating the cause of your accident and injuries and supporting an award for punitive damages. A Louisiana personal injury lawyer can help.
Injured in Baton Rouge? Contact A Baton Rouge Personal Injury Lawyer
Punitive damages play an important role in punishing egregious behavior and deterring future harm to others. While they are generally awarded in only a few types of Louisiana personal injury cases, they hold people accountable for actions that go beyond mere negligence.
If you or a loved one have been seriously harmed in a case involving drunk driving, criminal sexual activity, hazing, or domestic violence, a Baton Rouge personal injury lawyer may be able to help. At Mansfield Melancon Car Accident and Personal Injury Lawyers can evaluate whether your case may qualify you for punitive damages. Schedule an initial consultation with our team today at (225) 263-4787.
