Louisiana’s Damages Cap.
Louisiana is like no place else. No other state in the Union was named for a French king. (King Louis XIV.). In Louisiana, we have our own way of doing things. Our geography, food, even our language is different from anyone else’s. So are our laws.
Personal Injury Lawsuits and Damages.
When you are injured by the negligence of someone else, you often end up with unexpected medical bills, pain, property damage, lost wages, and sometimes, emotional distress. In the context of a personal injury action, these expenses are referred to as “damages.”
Damages can be economic (e.g., your medical bills, repair bills ) and/or noneconomic (e.g., pain and suffering, or emotional distress). Not surprisingly, in an accident that results in catastrophic, brain and spinal cord injuries, or in one where death ensues, the costs can skyrocket into the millions pretty quickly.
Does this mean you can recover into the billions against the person (or company) that injured you?
Because the law limits the amount and types damages you can recover for your injuries by putting a “cap” on them.
Damages caps are laws that limit the amount of economic and non-economic damages that a plaintiff (the injured person) can recover.
Each state has its own damages cap, which is why you should always consult with an experienced personal injury attorney where you live.
The purpose of damages caps is to keep the high costs of doing business (which are ultimately passed on to the consumer) under control. Damages caps also discourage people from bringing lawsuits just because they think they can “win” a lot of money.
In Louisiana, the law has different damage caps for different personal injury cases. For example, in workers’ compensation cases, you cannot get damages for pain and suffering.
While there may be no limit to the amount of compassion you deserve, there can be a limit on the amount of money you can recover, so be sure to consult with experienced counsel.
Dedicated to Giving Our Clients Personal Attention and Getting Them The Compensation They Deserve.
At the Day Law Group, we handle personal injury cases including car accidents, trucking accidents, mesothelioma cases and more. We offer FREE consultations, and we don’t get paid unless you win your case. We have offices in Baton Rouge, and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. Call (225) 200-0000 ToDay to schedule your free consultation or contact us here.