You may be entitled to compensation for your losses if you have been injured due to someone else’s negligence in Louisiana. This could involve an auto accident, a slip and fall, or another type of accident. Louisiana law allows injured victims to pursue damages through a personal injury claim, and one of the most critical components of these claims is economic damages.
Understanding how these damages work, how they are calculated, and how they are proven is an important part of recovering full and fair compensation.
What Are Economic Damages?
Economic damages are intended to reimburse you for the actual financial costs caused by your injury or auto accident. These are often shown using receipts, invoices, pay stubs, or medical bills. Economic damages aim to put you in the financial position you would have been in had the injury not occurred. They are distinct from non-economic damages, which seek to compensate you for intangible losses such as pain and suffering or emotional distress.
Every personal injury case is unique, but some economic damages are commonly awarded in Louisiana.
Medical Expenses
Medical costs often make up the most significant portion of a personal injury claim.
Economic damages may include compensation for:
- Emergency room visits
- Hospitalizations
- Surgeries
- Doctor appointments
- Prescription medications
- Physical therapy or rehab appointments
- Medical equipment
- Future or ongoing medical treatment
You are typically entitled to recover past and future medical expenses as long as they are reasonably related to the injury.
Lost Wages
You can seek compensation for your lost income if your injuries caused you to miss work.
Economic damages for lost wages may include:
- Wages or salaries lost during your recovery
- Missed bonuses or commissions
- Lost sick or vacation days used because of the injury
You may also be able to claim lost or diminished earning capacity for more severe injuries. This compensates you if your ability to earn money in the future is limited due to an accident. Proving lost wages claims typically requires pay stubs, tax returns, and other records, as well as potential testimony from experts.
Property Damage
Personal injury cases may involve damage to personal property, including motor vehicles or other goods. You may be able to recover economic damages for the cost of repairing or replacing damaged or destroyed items.
Louisiana courts typically award:
- The cost of repairs if the item is fixable
- The fair market value of the item if it is destroyed
You can support a claim for property damage with receipts or repair estimates.
Out-of-Pocket Expenses
Many personal injury victims incur other costs that are directly tied to their injury.
These may include:
- Transportation costs for travel to medical appointments
- Costs for home or vehicle modifications to accommodate an accident-related disability
- Expense for hiring help for childcare or household tasks you can no longer perform
These expenses can add up, though they are often overlooked. You must show that they were reasonable and necessary to recover compensation.
How May Comparative Fault Affect Economic Damages in Louisiana?
Louisiana follows a pure comparative fault rule in personal injury cases, which may impact your compensation. The rule states that if you are partially at fault for your accident, your damages will be reduced in proportion to your share of fault.
For example, if your total economic damages are $100,000 but you are found 30 percent at fault, you will only be entitled to recover $70,000. Working with a personal injury lawyer can help you refute allegations of comparative fault and maximize potential compensation.
Is There a Limit on Economic Damages in Louisiana?
Unlike some other states, Louisiana does not impose a general cap on economic damages in personal injury cases. However, some personal injury claims, such as those involving medical malpractice, may be subject to specific damage caps. For instance, Louisiana caps damages in medical malpractice cases at $500,000, excluding future medical costs and related benefits. A personal injury lawyer can help you calculate the total damages that may be recoverable in your case.
The Role of a Louisiana Personal Injury Lawyer in Recovering Economic Damages
Calculating and proving economic damages requires a thorough understanding of Louisiana law. An experienced Louisiana personal injury lawyer can help you recover economic damages after an accident.
These may involve:
- Identifying all your potential economic damages
- Collecting medical records, employment documents, and other records
- Consulting with financial and medical experts
- Advocating for a full and fair settlement
- Preparing for trial to recover economic damages, if necessary
Your attorney’s goal is to ensure that no aspect of your financial loss goes unaccounted for.
Contact a Personal Injury Lawyer for a Free Consultation
If you have been injured in Louisiana, understanding economic damages is an important step toward getting the compensation you deserve. These damages cover your actual financial costs related to your accident, from medical bills to lost wages and property damage. They may seem straightforward, but an experienced personal injury lawyer can help calculate them correctly. Contact Santana & Blanchard Personal Injury Lawyers at (504) 323-6000 to schedule a free consultation with a Metairie personal injury lawyer today.