You may face medical bills and lost wages if you have been injured in an accident caused by someone else’s negligence. However, there is another category of compensation that is equally important.
Non-economic damages recognize that emotional, psychological, and personal losses may significantly impact your life, even if they do not have a price tag. Here is what you should know about non-economic damages to pursue maximum compensation under Louisiana law.
What Are Non-Economic Damages?
Non-economic damages refer to subjective losses after an accident that are not easily quantifiable. However, they may still significantly affect your quality of life. Types of non-economic losses include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
Non-economic damages are awarded in personal injury cases to compensate victims for an accident’s real, life-altering effects that go beyond bills and paychecks. These damages are deeply personal and can vary greatly from person to person, which may make proving and valuing non-economic damages a complicated part of your personal injury case.
What Are Common Examples of Non-Economic Damages?
Not all injuries have the same emotional or psychological toll. Some people recover physically but live months or years with the emotional trauma. Others may suffer disfigurement or permanent disability that affects their self-esteem, relationships, and mental health.
Common examples of non-economic damages in Louisiana include:
- Pain and suffering: compensation for ongoing physical pain and suffering that affects your daily activities
- Emotional distress: compensation for anxiety, depression, or trauma following your accident
- Loss of enjoyment of life: compensation for injuries that prevent you from being able to engage in hobbies or social activities as you did before
- Disfigurement or physical Impairment: compensation for the toll scarring or disabilities may have on your appearance or daily life
- Loss of consortium: compensation to a spouse for the negative impact your accident may have on a marriage
Each of these damages does not show up on a receipt, but it may still affect your day-to-day life. Understanding the full scope of these losses helps ensure a more complete recovery through your injury claim.
How Are Non-Economic Damages Calculated in Louisiana?
Calculating non-economic damages is more subjective than economic damages, which typically involves tallying up medical bills or missed paychecks. Louisiana courts have broad discretion in determining the value of your non-economic damages based on the facts of your case. Factors that may be considered include:
- The severity of your injuries
- The length of your recovery
- The emotional toll of your accident
- Your age
You will need detailed documentation and potentially expert witnesses to support a claim for non-economic damages.
Are There Caps on Non-Economic Damages in Louisiana?
In most personal injury claims, Louisiana does not generally cap non-economic damages, but important exceptions exist. For example, state law imposes a total cap of $500,000 in medical malpractice cases for all damages, excluding future medical expenses. This can significantly limit compensation if your claim involves catastrophic injuries or wrongful death resulting from medical negligence.
There is no cap on damages for other types of personal injury claims, such as auto accidents, truck accidents, or product liability cases. Knowing whether a cap applies is crucial in setting realistic expectations and preparing your case strategy. An experienced Gretna personal injury lawyer can help.
How Do I Prove Non-Economic Damages in Louisiana?
Non-economic damages do not come with receipts, so proving them requires being thoughtful and strategic. You and your lawyer will need to provide compelling evidence of how your injuries have impacted your life physically, emotionally, and psychologically. Types of evidence that can help establish non-economic damages include:
- Medical records and reports
- Mental health evaluations and therapy notes
- Personal journals or diaries documenting your daily struggles
- Testimony from friends, family, and coworkers describing changes in your mood or behavior
- Testimony from expert witnesses, such as psychologists or vocational experts
The more comprehensive your evidence, the more persuasive your claim for non-economic damages can be.
How Can An Experienced Gretna Personal Injury Lawyer Help Me Recover Non-Economic Damages?
Navigating a personal injury claim in Louisiana can be challenging, especially when it involves non-economic damages. Insurance companies often try to minimize these losses or deny them altogether. That is why working with a personal injury lawyer who understands how to document, value, and advocate for all the compensation you deserve is important.
Working with a lawyer can significantly improve your chances of recovering compensation for non-economic damages after an accident.
Contact A Gretna Personal Injury Lawyer for a Free Consultation
Non-economic damages are an important component of many personal injury cases in Louisiana. They address the pain, stress, and loss of normalcy that often come with accidents and injuries.
If you or a loved one has suffered due to someone else’s negligence in Louisiana, contact an experienced Gretna personal injury lawyer at Santana & Blanchard Personal Injury Lawyers today at (504) 323-6000 to discuss your options and rights to compensation.