Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Disclaimer: This article provides general information about Louisiana personal injury law and is not intended as legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. If you have been injured, consult with a qualified Louisiana personal injury attorney to understand your rights and options.
When someone else’s negligence causes your injuries, Louisiana Civil Code Article 2315 requires that person to compensate you for the harm they caused. Louisiana law divides recoverable damages into two primary categories: economic damages (also called special damages) and non-economic damages (also called general damages). In limited circumstances, you may also recover punitive damages designed to punish particularly reckless behavior.
Economic damages are the tangible, calculable financial losses you suffer as a result of your injury. These are meant to reimburse you for out-of-pocket expenses and lost income.
Common types of economic damages include:
You can recover the full cost of all reasonable and necessary medical treatment for your injuries. This includes past, present, and future medical costs.
Examples include:
Some injuries need ongoing treatment that extends beyond your initial recovery period or resolution of the case.
Louisiana law recognizes your right to compensation for future medical expenses, provided these costs are directly related to a documented physical or mental injury. According to Article 2315, damages for future treatment must connect to a manifest injury or disease.
Calculating future medical costs typically requires testimony from medical professionals who can project your anticipated treatment needs.
This may include:
An experienced attorney can work with medical experts to develop accurate projections of your future medical needs.
If your injury prevents you from working, you deserve compensation for the income you lose during your recovery. Louisiana law permits recovery for both past lost wages (from the date of injury through the present) and future lost wages (projected earnings you will miss going forward).
When calculating lost income, consider:
For individuals with serious injuries, lost earning capacity becomes a separate and often substantial category of damages.
Lost earning capacity accounts for the reduction in your ability to earn money in the future, even if you can return to some form of work. This calculation considers factors such as your age, education, work history, and the permanent limitations caused by your injury.
When an accident damages your personal property, you can recover compensation for those losses as well.
Louisiana Civil Code Article 2315 includes property damage among recoverable damages and provides that compensation shall include sales taxes paid on repairs or the replacement of damaged property.
Common property damage claims include:
Non-economic damages compensate you for the intangible, non-financial losses you experience.
Examples include:
This compensates you for the physical pain and discomfort you endure from the moment of injury through your recovery and for any chronic pain that may persist.
You can be compensated for the psychological impact of your injuries, such as fear, anxiety, depression, insomnia, and post-traumatic stress disorder (PTSD).
If your injuries prevent you from participating in hobbies, activities, and other aspects of life that you previously enjoyed, you can recover damages for this loss.
You are entitled to compensation for the physical and emotional effects of these changes.
In some cases, the spouse of an injured person can file a claim for loss of consortium. This compensates the uninjured spouse for the loss of love, companionship, affection, and other aspects of the marital relationship caused by the injury.
Unlike economic and non-economic damages, punitive damages (also called exemplary damages) do not compensate you for specific losses.
Instead, they punish defendants whose conduct was particularly egregious and aim to deter similar behavior in the future. Louisiana permits punitive damages only in limited statutory circumstances.
These include:
| Punitive Damage Category | Statute | Requirements |
|---|---|---|
| Intoxicated Driving | La. C.C. Art. 2315.4 | Injuries caused by a defendant whose intoxication was a cause-in-fact of the injuries and who showed a wanton or reckless disregard for the rights and safety of others. |
| Criminal Sexual Activity with Minors | La. C.C. Art. 2315.7 | Damages caused by criminal sexual activity occurring during the plaintiff’s childhood. |
| Domestic Abuse | La. C.C. Art. 2315.8 | Injuries caused by acts of domestic abuse resulting in serious bodily injury or severe emotional distress, committed with wanton and reckless disregard for the victim’s safety. |
| Child Pornography | La. C.C. Art. 2315.3 | Damages caused by child pornography or child sexual abuse materials. |
Because punitive damage claims have strict requirements, consult with an attorney if you believe your case may qualify.
Louisiana generally does not impose caps on compensatory damages in most personal injury cases, such as car accidents or slip and fall claims.
But there are two exceptions:
Strong documentation supports your damage claims and improves your chances of receiving fair compensation.
Important records to preserve include:
The more thorough your documentation, the stronger your position when negotiating with insurance companies or presenting your case to a jury.
Louisiana imposes a two-year prescriptive period (similar to a statute of limitations) on most personal injury claims under Louisiana Civil Code Article 3493.1
This means you must file your lawsuit within two years of the date of your injury, or you lose your right to pursue compensation. This change became effective on July 1, 2024, replacing the previous one-year deadline.
Certain exceptions may extend or shorten this deadline, so consulting with an attorney promptly after an injury is essential.
Navigating a personal injury claim involves understanding complex legal concepts, gathering extensive documentation, and negotiating with insurance companies that prioritize their bottom line over your recovery.
Having an experienced Louisiana personal injury attorney on your side helps ensure you pursue all available categories of damages and do not accept a settlement that undervalues your claim.
If you or a loved one has been injured due to someone else’s negligence, the Ikerd Law Firm is here to help. Attorney Chad Ikerd brings years of courtroom experience and a commitment to treating every case like it involves a family member.
Call the Ikerd Law Firm today at (337) 366-8994 for a free consultation. Let us review your case, explain your legal options, and fight for the full compensation you deserve. You focus on healing. We will handle the legal work.
