PERSONAL INJURY DAMAGES
When an injury is caused by another, the law allows the harmed party to seek compensation, or damages, for the effects of the injury. Personal injury damages that may be awarded include medical bills, lost wages, property damages or pain and suffering. The goal of personal injury law is to restore the injured party to the quality of life he or she enjoyed prior to the injury.
Compensatory and Punitive Damages
There are two main types of damages that can be sought in a personal injury case; compensatory and punitive damages.
The goal of compensatory damages is to make up for an injury. There are two types of compensatory damages; special damages (also call pecuniary or actual damages) and general damages. Special damages are those that can be calculated with some kind of mathematical certainty. Special damages include past lost wages, future lost wages, past medical bills, future medical bills, property replacement and/or repair, rehabilitation costs, and substitute transportation. General damages cover losses that cannot be calculated such as mental anguish, disfigurement, pain and suffering, loss of consortium, and loss of enjoyment of life. Consortium loss is the human loss that comes from the injury to a loved one – a child, parent, or spouse. Consortium losses include the loss of companionship, society, services, and/or sexual intimacy.
The goal of punitive damages is to punish a defendant for acts of gross negligence or intentional misconduct that cause personal injury to the plaintiff. They are not calculated by the extent of the actual injury alone, but rather are meant to punish the defendant and to discourage him or others in similar situations from allowing or causing the same sort of accident to happen in the future. An example of punitive damages is when a drunk driver causes injury or death, or when an adult sexually abuses a minor.
Court Costs and Attorney’s Fees
If a plaintiff prevails in a lawsuit that has been filed – either through settlement or trial – he or she may recover some of the expenses of having to file the lawsuit and/or take the case to court. Court costs can include filing fees, process server fees, deposition costs, court transcript costs, expert witness fees, and payments to translators. There are some instances in which a plaintiff may also be able to recover some attorney fees, but this is not common.
Personal Injury Lawyers
The lawyers at Broussard & Hart have been practicing personal injury law for over 30 years. At our firm we only take a limited number of cases so that we can give adequate time to each. Our goal is to get those harmed the most compensation possible.Contact an attorney today for a free initial consultation.
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Our attorneys will review your case and represent you throughout your personal injury claim. Contact Broussard & Hart L.L.C. today for help pursuing a personal injury settlement. Your first consultation is free and we won’t charge fees unless money is recovered.
Learn More about Personal Injury Lawsuits
What Should I Bring with Me to Our Initial Personal Injury Meeting?
Is Compensation from a Personal Injury Accident Taxable?
Do I Have to Give a Statement to the Adjuster?
What Happens In a Personal Injury Accident Lawsuit in Louisiana?
PDF: Steps in Louisiana Personal Injury Lawsuit
General Instructions for Injury Clients