If you’ve suffered property damage, an injury, or any type of loss in a personal injury case, you are entitled to receive compensation from whoever caused or contributed these losses. The legal term for the compensation is “damages” and they come in various forms. The types of damage available in a personal injury depend on the actual case, the circumstances of the injury, and the laws dictated by the state.
In Louisiana, the most common types of damages are general and special damages. Special damages are damages that have are easily calculated, such as medical bills and expenses. General damages are damages that are more difficult to quantify, such as pain and suffering and mental and emotional distress.
A personal injury lawyer will guide you through such cases, but if you’re interested in learning the most common types, here is a simple guide to personal injury cases:
In Louisiana, we refer to medical expenses as special damages. If you require any testing, treatment, or any other form of medical care such as hospital stays, the person responsible (or their insurance) for the injury should pay for all medical bill costs. This can be quite expensive, especially if you’ve become permanently disabled and in need of any lifelong care. As part of the damages, every expense incurred during treatment should be paid for, along with any costs you are likely to incur in the future for ongoing treatments.
If the victim has missed work because of injury or treatment, any loss of wage or income should be paid for by the party responsible. Even if you’re able to take sick and vacation leaves, you are still entitled to receive damages for the loss of those days. Any damage rendering you unable to work permanently will also be part of the damage collection—the party responsible will need to pay the lost wages you would have made throughout a lifetime.
Lawsuits on wrongful death are brought in court by the family members of victims. The victims may have been killed as a result of an injury or accident caused by someone’s intentional bad act or negligence. Damages based on these cases can be difficult to collect, however, as only certain family members as defined by Louisiana Civil Code Article 2315.2 are entitled to bring a claim.
An accident or injury may cause emotional ramifications on the victim. People suffering from emotional distress, such as post-traumatic stress disorder, will be entitled to receive damages from the party responsible. This can be proven in court through psychiatric records.
Entitlement to damages in a personal injury claim can be collected once a settlement has been reached. It can also be awarded after judgment is rendered in court. It is important to note, however, that collecting the money and receiving the award for damages are two different things. Unfortunately, the party responsible for payment may not be able to cover the entire award or may be unwilling to pay at all. If such cases arise, a personal injury lawyer will be able to assist with the collection process by discovering undisclosed assets, garnishing wages, and even placing liens on properties.
If you require a personal injury lawyer in Bossier City, LA, call on the Law Office of Christopher M. Stahl. We cover personal injury cases, civil disputes, expungements, and more. Book a consultation with us today!