Suing for punitive damages isn’t always an option, especially in Louisiana, where punitive damages are only allowed in very specific situations, meaning most injury plaintiffs can’t get them.
You can sue for punitive damages in Louisiana if you are the victim of a drunk driving accident, criminal sexual conduct as a minor, or even domestic abuse. Punitive damages are also allowed in hazing wrongful death lawsuits. Louisiana doesn’t limit punitive damages when they’re permitted, so it’s up to the jury how much more the defendant must pay in addition to compensatory damages.
To get a free case evaluation from our Lafayette, LA personal injury lawyers, call the Schoenfeld Law Firm at (504) 688-7760 in New Orleans or (504) 688-7760 in Lafayette.
Can You Sue for Punitive Damages After a Drunk Driving Accident?
Louisiana restricts the availability of punitive damages, allowing them only in certain situations. One of the most common accident scenarios where punitive damages are available in Louisiana is drunk driving accidents.
Drunk driving injuries caused by the defendant’s wanton or reckless disregard for the rights and safety of others are eligible for punitive damages in Louisiana, according to LSA-C.C. 2315.4.
Punitive damages, also known as exemplary damages in Louisiana, are also available in wrongful death cases due to drunk driving.
You can sue for punitive damages so the court punishes the defendant for their misconduct and makes them pay more than just compensatory damages.
Does Louisiana Allow Punitive Damages in Other Injury Cases?
Louisiana also allows punitive damages in other situations, and our lawyers can see if you are eligible for exemplary damages based on the cause of action and the defendant’s conduct.
Louisiana allows punitive damages for hazing deaths, criminal sexual conduct toward minors, and domestic abuse.
Punitive damages are paid in addition to compensatory damages, so even if they are not possible in your case, you can still get full compensation for all damages you incurred.
Although punitive damages are rare in Louisiana, don’t assume they’re unavailable in your case until speaking with our lawyers. If punitive damages are available but you don’t seek them, you could miss out on a sizeable sum by accepting a settlement.
What Do You Have to Prove to Sue for Punitive Damages in Louisiana?
You need to meet a higher standard of proof to successfully sue for punitive damages after a drunk driving accident or other specific incidents in Louisiana. We know what it takes to prove punitive damages and can work hard to do so in your case.
Plaintiffs need to present clear and convincing evidence of the defendant’s wanton and willful disregard for the safety of others to prove they deserve punitive damages. To prove the driver was intoxicated in a drunk driving case, we may use eyewitness statements, chemical or blood alcohol tests, and even a DUI conviction.
Punitive damages aren’t promised in drunk driving accidents and other cases, so don’t assume you will get them just because they are available in your specific case.
How Much Punitive Damages Can You Sue for in Louisiana?
When punitive damages are allowed for drunk driving accidents or in other very specific situations, how much more could plaintiffs stand to get from a jury award if they went to court instead of settling?
Louisiana doesn’t have a cap on punitive damages when they are allowed. That means it’s up to the judge or jury to decide how much more the defendant should pay as punishment for their egregious misconduct.
You don’t sue for a specific amount in punitive damages, but you do have to state that you will seek punitive damages when filing your injury complaint with the court in Louisiana. If you don’t expressly request punitive damages, you may not get them, even if they would’ve been available in your case.
FAQs About Suing for Punitive Damages in Louisiana
How Long Do You Have to Sue for Punitive Damages?
You have 2 years to sue for punitive damages after a drunk driving accident and other personal injuries. Victims who seek punitive damages for childhood sexual abuse are no longer bound by a statute of limitations in Louisiana and may sue for punitive and compensatory damages at any time.
Do You Have to Request Punitive Damages to Get Them?
You must explicitly pray for punitive damages in your injury complaint to get them if your lawsuit goes to trial. Our Louisiana personal injury lawyers can tell you whether punitive damages are an option and ensure they are requested when filing the lawsuit.
Can You Get Punitive Damages from a Settlement?
You cannot get punitive damages from a settlement, as they are only awarded at trials. However, we can use the potential of an award for punitive damages as leverage to secure a better out-of-court settlement. If you’re facing a good settlement offer but could get punitive damages if you go to court, our lawyers can help you decide what to do.
Does Louisiana Cap Punitive Damages?
There’s no statutory cap on punitive damages in Louisiana, as they’re available only in very specific situations. Even if punitive damages are available in your case, they’re not guaranteed without clear and convincing evidence.
Do You Need a Lawyer to Sue for Punitive Damages?
Our lawyers can confirm if punitive damages are possible in your case, request punitive damages in the original complaint, and prove why you deserve them if your case goes to trial.
When Can’t You Sue for Punitive Damages in Louisiana?
You can’t sue for punitive damages anytime you are the victim of gross negligence in Louisiana, and may only seek these damages after a drunk driving accident, hazing death, child sexual abuse case, or domestic violence case.
Call Us for Help Suing for Punitive Damages in Louisiana
You can call the New Orleans, LA personal injury lawyers of the Schoenfeld Law Firm at (504) 688-7760 in New Orleans or (504) 688-7760 in Lafayette for a free case review.
