When it comes to claiming damages in a personal injury case, some states put caps on the non-economic damages or the punitive damages you can claim.
In Louisiana, there is no general cap on damages for an injury claim. However, there are caps on medical malpractice cases and claims against the government, capping damages at $500,000 (not including future medical costs). There are also general limitations that apply throughout every case, but not numerical damage caps.
For a free case review on an injury claim, call Schoenfeld Law Firm’s New Orleans, LA personal injury lawyers at (504) 688-7760.
General Limits on Damages
In any injury case, there are practical limitations on how much you can claim:
Only Provable Damages Are Compensable
You can only receive compensation for damages you can prove happened or for future costs you can reasonably provide evidence for. Purely hypothetical or speculative damages aren’t allowed.
Punitive Damages Must Be Authorized
Punitive damages are not paid to reimburse you, but rather to punish the person who injured you. These damages are only available when specifically authorized by statute.
Punitive damages are allowed for drunk driving accidents and claims of sexual assault against a minor, but they are not allowed in most other areas of personal injury.
Unreasonable Punitive Damages
Although Louisiana has no specific caps on punitive damages, courts typically see punitive damages that are over 10 times the compensatory damages as unreasonable.
Caps on Personal Injury Damages in Louisiana
Aside from the general limits discussed above, Louisiana places no general damage caps on personal injury cases such as car accidents, slip and falls, and other claims our Lafayette, LA personal injury lawyers can help you with. However, there are special rules for medical malpractice and lawsuits against the government:
General Personal Injury
Personal injury cases have no general damage cap.
Medical Malpractice
Claims against medical providers for negligence are capped at $500,000. This does not include interest and costs.
However, future medical expenses are not subject to this cap, so it would only apply to past economic damages, lost wages (past and future), and pain and suffering (past and future). Future medical costs are instead provided by a fund that doctors are required to pay into.
Claims Against the Government
Claims against any part of the government are usually governed by the Louisiana Governmental Claims Act. This limits recovery to $500,000 per lawsuit (not per victim).
Again, future medical expenses are excluded from this cap. Instead, the state pays them into a trust that will pay those costs directly to the provider until care is finished, then return any remaining money to the state.
Why Do We Have Caps on Damages?
The caps on damages are meant to serve a few purposes:
Prevent Frequent Lawsuits
Doctors and the government need to be able to keep carrying on their business, and being hit with a high number of lawsuits can make it harder to do their jobs.
Prevent High Payouts
Doctors and the government also need to be able to continue operations, and the threat of massive lawsuits might make them unable to continue.
Avoid Precedent
If injury victims see that the government or hospitals are willing to pay high-dollar settlements or that the “going rate” of these injury cases is climbing, they may be more willing to file lawsuits and expect those high payouts. Caps keep that under control.
Criticisms
While these caps may serve important purposes for the government and doctors, they often prevent victims from receiving full compensation. Juries are not typically thinking about these caps when setting damages, and the judge is the one to lower the damages after the jury’s decision.
Juries often decide cases are worth more than the cap, but these caps mean that the victim gets less than the jury determined was fair.
Many states have struck down caps on constitutional grounds, but Louisiana has not.
FAQs on Caps in Injury Cases in Louisiana
Do Car Accidents Have Damage Caps?
There is no cap on car accident damages in Louisiana.
Do Slip and Falls Have Damage Caps?
There is no cap on damages in slip and fall cases in Louisiana.
What is the Medical Malpractice Cap on Damages in Louisiana?
In Louisiana, no victim can get more than $500,000 for their medical malpractice claim. This does not include future medical expenses, which are paid through a fund.
Are There Limits on Suing the Government?
If you sue the government, there are special rules under the Louisiana Governmental Claims Act, including a cap of $500,000 on each case. This cap does not include future medical expenses, which are paid through a trust.
Can You Get Punitive Damages in Louisiana?
Punitive damages are only available where authorized by law, limiting them primarily to injury cases involving drunk drivers or sexual abuse of a minor.
Is There a Cap on Non-Economic Damages in Louisiana?
Some states allow you to get as much as you need for “compensatory damages” to reimburse you for costs and financial harm, but cap the “non-economic damages” you can get for pain and suffering, etc. Louisiana does not cap non-economic damages.
However, if you are suing a doctor for malpractice or suing the government, the $500,000 cap will apply to the total damages, including any part assigned for non-economic damages (though future medical costs are excluded from this capped amount).
How Much is My Case Worth?
You can only claim damages you can prove. That means cases with more serious injuries and more proof of those injuries are often worth more.
Most injury cases involve damages for…
- Medical bills
- Lost wages
- Other economic damages and
- Pain and suffering.
However, we cannot assess the cost of your specific case without looking at your bills, injuries, and evidence.
Call Our Personal Injury Attorneys in Louisiana Today
Call (504) 688-7760 for a free case review with the Louisiana personal injury lawyers at Schoenfeld Law Firm.
