John W. Redmann | February 28, 2025 | Personal Injury
Most people understand the law allows them to seek legal recourse if someone else injures them. But if you do not know the law, you might not know what compensatory damages are. If you get injured by someone else’s negligence in Metairie, LA, the law allows you to seek damages.
Compensatory damages reimburse victims for the losses they have suffered due to an accident or wrongful act. Understanding what compensatory damages are is crucial when pursuing a personal injury claim. Knowing how courts treat recovery can lead to fair compensation for your injuries. Having a Metairie personal injury lawyer on your side can help ensure recovery.
Compensatory damages fall into two main categories: economic damages and non-economic damages. Each type serves a specific purpose in making victims whole again after an accident.
Economic Damages
Economic damages are tangible, measurable losses that can be easily calculated and may include:
- Medical expenses: This includes past, current, and future medical bills. Expenses include hospital visits, surgeries, medications, physical therapy, and rehabilitation costs.
- Lost wages: Lost income occurs when someone cannot work due to injury. It also includes future earning capacity if they are unable to return to work.
- Property damage: This is one of the easiest to prove. Damages compensate for repairs or replacement.
- Out-of-pocket costs: These include expenses such as transportation to medical appointments, modifications to your home for disability access, or assistance with daily activities.
This list is far from exhaustive. That is why having a personal injury attorney is beneficial.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses. These losses do not have a defined monetary value but impact their lives.
Non-economic damages include:
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Loss of enjoyment of life: This happens when an injury prevents participation in hobbies, activities, or other life experiences.
- Loss of consortium: In cases where an injury affects a victim’s relationship with their spouse or family members.
- Emotional distress: Covers psychological effects such as anxiety, depression, or post-traumatic stress disorder.
Having an attorney can help prove you suffered subjective harm. These are harder to prove, which is why it is beneficial to have an attorney.
Punitive Damages
Punitive damages are not compensatory damages. However, the court may award them in your case. Punitive damages exist to deter and punish bad behavior. This applies in cases of extreme negligence or intentional misconduct.
How Are Compensatory Damages Calculated?
Economic damages are typically calculated based on receipts, bills, and financial statements. Non-economic damages are more subjective. Proving them often requires legal arguments and expert testimony to determine a fair amount. Louisiana law does not impose a cap on compensatory damages in most personal injury cases. This means there is no set limit on how much a victim can recover.
How Does Comparative Fault in Louisiana Impact Compensatory Damages?
Louisiana law follows a pure comparative fault system. This means that if you are also responsible for your accident, your compensation is reduced by your percentage of fault. For example, if you are 20% responsible for the accident, your damages will total 80% of the total value.
How Long Do You Have to Pursue a Personal Injury Claim for Damages in Louisiana?
In Louisiana, the statute of limitations for most personal injury claims is two years from the date of the accident. This means you must file your lawsuit within two years, or you may lose the right to compensation. Because of this strict deadline, it is crucial to consult a personal injury attorney as soon as possible to protect your rights.
Contact a Metairie Personal Injury Attorney to See If You Qualify for Compensatory Damages
If you suffered at the hands of another, understanding compensatory damages is key. Make sure you receive the compensation you deserve. Schedule a free consultation to discuss your case and explore your legal options.
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002
(504) 500-5000
The Law Office of John W. Redmann, LLC – Gretna, LA Office
