You may receive compensation for your injuries and losses if you are injured in an accident or because of another party’s wrongful acts in Louisiana. A personal injury recovery is compensation for economic and non-economic damages. Damages are the remedy the law offers to make the injured victim “whole” after an accident or injury.
The value of your personal injury settlement in Louisiana will be based on the damages you’ve sustained, among other factors – potentially including the skill of your personal injury lawyer. Each case is unique, and its worth depends on the facts and circumstances specific to the situation.
How Much Is My Personal Injury Case Worth in Louisiana?
How much your personal injury case is worth depends on many factors. Factors that affect the value of a personal injury settlement in Louisiana include, but are not limited to:
The Severity of Your Injuries
Generally, your economic damages increase with the severity of your injuries. For example, the medical bills for a spinal cord injury are likely to be much higher than the cost of treating a mild case of whiplash.
Non-economic damages also increase. Catastrophic injuries and injuries that require extensive medical treatment often cause significant pain and suffering. Your emotional distress and mental anguish may also increase as the severity of your injuries increases.
Traumatic injuries may require a lengthy recovery period. The longer you are out of work and recovering from your injuries, the more expenses and damages you incur.
The Extent of Permanent Impairments and Disabilities
Permanent disabilities and impairments can result in future damages. You may require ongoing medical treatment and long-term personal care if you sustain a traumatic brain injury.
You may also experience a loss of enjoyment of life and diminished quality of life because of the disabling condition. The impairment could also result in future lost wages and decreases in earning potential.
The Availability of Insurance Coverage
The at-fault party’s liability insurance company pays many personal injury settlements in Louisiana. For example, if another driver causes an accident, you can file an accident claim with their insurance provider. However, the minimum car insurance coverage required for Louisiana drivers is $15,000 for bodily injury to one person ($30,000 per accident) and $25,000 for property damage coverage.
Therefore, if the at-fault driver has minimum insurance coverage, the insurance company is only liable for up to $15,000 for your damages. You would need to sue the at-fault driver for additional damages. Before assuming you have no other options in this situation, talk with a Louisiana personal injury lawyer. There could be other sources of compensation for your claim.
Louisiana’s No Pay, No Play Law
Louisiana has a No Pay, No Play law that punishes uninsured drivers if they are involved in a car accident. If you do not have the required car insurance coverage, you are barred from collecting the first $15,000 in personal injury damages and the first $25,000 in property damage.
Also, if you purchased economic-only uninsured motorist coverage, you may have waived your right to pain and suffering damages.
The Parties Involved in the Personal Injury Case
The parties involved in your case could limit the amount of damages you can receive for a personal injury settlement. For example, the state limits the amount of damages available in medical malpractice claims. There are also caps on damages recoverable from a government entity in Louisiana.
Louisiana caps damages in medical malpractice and government tort claims at $500,000, although there are a few exceptions where the cap would not apply.
Louisiana’s Comparative Fault Law
Some states bar an injured party from recovering damages for a personal injury claim if they are partially to blame for the cause of their injuries. Louisiana is not one of these states.
Instead, Louisiana has a pure comparative fault standard for personal injury damages. The amount of your damages is based on your level of fault for the accident.
For example, if the other party is 100% responsible for causing the accident that resulted in your injuries, you can receive the full amount of your damages. However, you are 40% at fault for causing the accident. In that case, your damages would be reduced by 40 percent.
What Should I Do if Another Party Causes My Injuries or Accident?
Always seek immediate medical treatment for your injuries. Documenting your injuries and damages is essential for a personal injury case. It can also help you maximize the value of your damages.
Never admit fault for causing an accident. You cannot be sure of fault until you speak with a personal injury lawyer. Most attorneys in the personal injury field offer free initial consultations so that you can get preliminary legal advice at no charge.
John W. Redmann is the main attorney and founder of The Law Office of John W. Redmann, LLC, a personal injury law firm based in Metairie and Gretna, LA. Contact them for a free consultation.
