Many states limit how much accident victims can recover in personal injury cases. However, this generally only applies to certain types of damages and particular kinds of injury cases. Understanding Louisiana’s cap on damages in some incidents can help you get a better idea of your possible financial recovery after suffering injuries.
Louisiana does not limit the money damages recoverable in most personal injury cases. For example, the victims of car accidents, falls, and defective product cases can all recover their documented compensable damages. However, the state limits recovery in some other types of injury cases.
What Caps does Louisiana Place on Financial Recovery?
Louisiana places dollar limits on financial recovery in two types of claims:
- Medical malpractice claims
- Claims against a government agency
Under La. Rev. Stat. § 40:1299.41, most victims of medical malpractice cannot recover more than $500,000. However, there are exceptions; this limit does not apply to future necessary medical care. In addition, it only applies when the doctor, hospital, or another provider in question is qualified and certified. If they were not a qualified health care provider, there is no limit on recovery.
Likewise, La. Rev. Stat. § 5106 limits damages recoverable from a government agency to only $500,000. This could come into play when someone suffers a fall in a public park or is hurt in a car accident caused by a municipal employee.
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What Recoverable Damages Are Available in Most Personal Injury Cases
Injured victims can pursue damages based on their documented range of losses and expenses in many personal injury cases. This includes most car accidents, premises liability cases, and defective product or medication cases.
The damages available in these cases often include:
- Medical care coverage and related expenses
- Future medical needs caused by their injuries
- Lost wages and benefits
- Reduced earning ability
- Property damages
- Miscellaneous expenses
- Pain and suffering damages
- Other non-economic losses
Louisiana only puts limits on these cases when the claim involves medical malpractice, or the liable party is a government agency.
When Are Punitive Damages Available?
In some ways, it may seem like Louisiana also limits punitive damages because state law makes them challenging to get. They are only awarded under special circumstances when the judge and jury believe the at-fault party acted intentionally.
For example, they might be awarded after a drunk driving accident or based on an assault. However, note that they are uncommon in most personal injury cases.
How Can Louisiana Damage Caps Affect My Case?
Damage caps serve several purposes. First, they protect government agencies, hospitals, and other organizations from bankruptcy or financial troubles by ensuring a single case cannot cause irreparable harm. Second, they discourage those who do not have a strong case from suing just to recover a large payout far beyond what they need or deserve.
Since most cases are not worth this much, the $500,000 cap generally doesn’t affect victims. Still, it’s crucial to ensure you have an accurate estimate of your damages to recover a fair settlement or court award. Otherwise, you may miss out on necessary compensation to restore your physical and financial health, leaving you to pay out of pocket.
You don’t Have to Calculate Your Case’s Value Alone
If you suffered injuries due to another party’s actions, you should not have to be financially responsible for your:
- Medical care
- Wage losses
- Property damages
- Other expenses
One of the best ways to ensure your damages are properly accounted for is by hiring an attorney who handles these cases regularly.
An Attorney Can Fight for Fair Compensation in Your Case
Our lawyers can offer valuable support if you are seeking financial recovery through a claim or lawsuit in Louisiana. We represent victims of various incidents, from car accidents to slip and falls. When you hire us, we’ll:
- Investigate to identify what and who caused your injuries
- Gather evidence of fault, liability, and damages
- Document each damage you’ve suffered when calculating case value
- Prepare a claim against the liable party or parties
- Demand a fair settlement from the insurance company and handle negotiations
- Monitor Louisiana’s filing deadline for your case
- Take the case to court to continue the fight for compensation
Hiring a lawyer shouldn’t add to your financial burden, which is why we provide these services to clients for a contingency fee. You won’t have to pay anything upfront to pursue your financial recovery with our help.
Speak to an Attorney from Morris Bart, LLC for Free Today
You can discuss your injury accident with an attorney from the Morris Bart law firm for free today. One of our personal injury lawyers will assess your case, speak with you about your rights and options, and help you form a plan to recover damages. We have offices in New Orleans, Shreveport, Lafayette, Alexandria, Baton Rouge, Monroe, and Lake Charles.
Call (800) 537-8185 now to learn more.
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