What Kinds of Damages Are Recoverable in a Personal Injury Lawsuit?

If you were injured due to the negligence of another person or a company, you have the right to file a personal injury claim for any damages that you incurred as a result. There are two main types of damages that are recoverable in personal injury cases: compensatory and punitive.

Compensatory damages are further divided into economic and non-economic damages. Most settlements are composed solely of compensatory damages, which include the direct and indirect costs that the claimant incurred. In rare cases, though, the court may also award punitive damages, which are intended to punish the defendant for particularly egregious behavior. For example, pursuant to Louisiana Civil Code Article 2315.4, car accident victims may pursue punitive damages if the liable party was intoxicated at the time of the collision.

If you sustained injuries in an accident that was not your fault, contact Miller, Hampton & Hilgendorf. The statute of limitations for filing a personal injury lawsuit in Louisiana is just one year, so it is critical that you begin the claims process as soon as possible. Call 225-343-2205 to schedule a consultation with an accident lawyer in Baton Rouge.

What Kinds of Damages Can I Recover in a Personal Injury Lawsuit?

Compensatory damages are intended to compensate accident victims for their economic and non-economic damages. Economic compensatory damages cover objectively verifiable losses such as medical bills and lost income. Non-economic damages cover intangible losses such as pain and suffering.

Economic Damages

Most economic damages are fairly easy to calculate because they are actual costs that you have incurred as a result of the liable party’s negligence. Economic damages include:

  • Hospital bills and ambulance fees;
  • Medication costs;
  • Property damage;
  • Rehabilitation services;
  • Future medical costs;
  • Physical therapy sessions;
  • Lost wages; and
  • Loss of earning capacity.

Non-Economic Damages

Some injuries are permanent and can have far-reaching effects on a person’s relationships and emotional wellbeing. As a result, accident victims can add non-economic damages to their personal injury settlement. Non-economic damages include:

  • Physical pain;
  • Mental suffering;
  • Emotional distress; and
  • Loss of consortium.

Proving and calculating non-economic damages is much more challenging than determining the economic losses that you incurred, but a seasoned accident lawyer can help. There are two main ways to calculate pain and suffering: the per diem approach and the multiplier method

In the per diem approach, your attorney will assign a specific dollar amount to every day that you had to cope with the challenges of recovering from your injuries. In the multiplier method, the court takes the total amount of economic damages and multiplies it by a specific factor, which typically ranges from 1 to 5.

If you were injured in an accident and you want to ensure that you include all recoverable damages in your claim, turn to Miller, Hampton & Hilgendorf. Call 225-343-2205 to schedule a consultation with a car accident attorney in Baton Rouge. You can learn more about car accident claims in Louisiana by visiting USAttorneys.com.