Proving General Damages in Louisiana

proving general damages louisiana persona injury case

If you are filing a personal injury claim in Louisiana, it is crucial that you understand the different types of compensatory damages that you can recover. “Damages” is a general term for the money that the injured person can be awarded if they win their case. There are two types of compensatory damages in personal injury claims: general and special. 

Personal injury laws in Louisiana can be complicated. Filing a lawsuit can have serious financial consequences for you and your family. If you have been injured in an accident due to the negligence of another person, business, or government agency, you should consult the experienced personal injury attorneys at Cueria Law Firm in New Orleans. Our attorneys will review your case to help you determine your best course of action. 

What are general damages?  

General damages are known as non-economic damages. They are referred to as general because they include damages that are typical or generally occur in an injury. Some common non-economic damages include: 

  • Physical or emotional pain and suffering
  • Physical impairment
  • Emotional distress
  • Mental anguish
  • Reduced quality of life
  • Physical disfigurement
  • Loss of enjoyment
  • Loss of companionship

Non-economic damages are often more subjective damages that vary significantly from case to case.  Unlike special damages, general damages are not related to quantifiable financial losses. The amount of money awarded to the injured person will depend on their unique case. General damage awards will also take into account the severity of the accident, the compassion of the jury, and the skill of your personal injury attorney. For this reason, it is critical that you secure an experienced personal injury attorney to assist you with your claim. Our attorneys at Cueria Law Firm know how to get you the maximum in general damages for your unique case. 

Special Damages

Special damages, also known as economic damages, are easier to calculate because they include specific out-of-pocket expenses that the injury victim had to pay. However, it is up to the plaintiff and their attorney to adequately prove those financial losses. Special damages can include: 

  • Repair of damaged property
  • Replacement of damaged property
  • Lost wages
  • Loss of earning capacity
  • Past medical expenses
  • Future medical expenses 
  • Loss of irreplaceable items

If you have been seriously injured in an accident that was the fault of another party, you may be able to claim both general and special damages in your case. With the help of a qualified personal injury attorney like those at Cueria Law Firm, you may be able to receive the financial compensation you need to make yourself whole again after such a devastating event. 

Pain and Suffering Damages in Louisiana 

You may have heard of pain and suffering damages when it comes to a personal injury lawsuit. There can be both mental and physical pain and suffering damages that a skilled personal injury attorney can assist you in recovering after your accident. 

Mental pain and suffering refers to any negative emotional state that results after the accident and due to the physical pain or trauma associated with the event. Some examples of mental pain and suffering include depression, emotional distress, PTSD, anger, humiliation, anxiety, sleep issues, and shock. Physical pain and suffering includes the actual physical injuries and pain that the victim has suffered as well as the injuries and pain that the victim will suffer in the future. 

The state of Louisiana has a very short timeline for filing personal injury lawsuits. The law requires that all injury-related claims be brought to the court within one year of the event. The state also has other guidelines related to pain and suffering damages. For example, in Louisiana, there is a cap on the pain and suffering damages you can receive in claims against a government agency. 

Experienced personal injury attorneys understand the regulations in Louisiana and can help you determine if you are eligible for pain and suffering damages in your case. If you or someone you love has been injured in an accident in Louisiana, contact the attorneys at Cueria Law Firm today.

Our attorneys have helped hundreds of injury victims get the fair compensation they deserve so they can get back to their lives and their families.