• About
    • Our Attorneys
    • Verdicts and Settlements
    • Community
      • Sponsorship Request
      • Partnerships
      • Project Backpack
    • Testimonials
    • Scholarships
      • Cancer Scholarship
    • Careers
    • Our Core Values
  • Practice Areas
    • Car Accident
    • Truck Accident
    • Motorcycle Accident
    • Product Liability
    • Mesothelioma
    • Workers Compensation
    • Dog Bite
    • Slip and Fall
    • Wrongful Death
    • Maritime Injury
    • Pedestrian Accident
    • Dangerous Drugs
    • Defective Devices
    • Mass Torts
    • Premises Liability
    • View All Practice Areas
  • Areas we Serve
    • Lafayette
    • Alexandria
    • New Iberia
    • Marksville
    • New Orleans
    • Monroe
    • Arnaudville
    • Baton Rouge
    • Breaux Bridge
    • Broussard
    • Cankton
    • Carencro
    • Cecilia
    • Duson
    • Cade Coteau
    • Grand Coteau
    • Lake Charles
    • Opelousas
    • View All Areas We Serve
  • Resources
    • Blog
    • FAQs
    • Videos
    • For Referring Attorneys
  • Hurricanes
  • Contact Us
Available 24/7 • 365 Days (337) 777-7777 Hablamos Español
(337) 777-7777 Hablamos Español
No Win - No Fee AVAILABLE 24/7

What Are Personal Injury Damages?

Put 350 Years of Experience in Your Corner GET A FREE CASE EVALUATION
Over $1 Billion Recovered
For Our Clients
Attorney David Laborde | Attorney Digger Earles
  1. Home
  2. FAQs
  3. What Are Personal Injury Damages?
On This Page
  1. Filing a Personal Injury Lawsuit in Louisiana Is One Option to Pursue Damages
  2. Personal Injury Damages You May Receive Are Based on Losses You Suffered
  3. You Must Prove Negligence Occurred to Receive Personal Injury Damages
  4. Get Legal Help to File a Claim for Personal Injury Damages in Louisiana
Contact Us Today

Get The Help
You Need

I NEED HELP NOW

Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
What Are Personal Injury Damages?

Personal injury damages are monetary awards injured people may receive as compensation for harm caused by another party. “Damages” is also the term used for the injuries the person sustained by this harm. Plaintiffs may receive personal injury damage awards for physical and emotional harm, as well as property damage that occurred due to an accident or incident that was someone else’s fault.

If you or a loved one was injured in a preventable accident in Louisiana, you may be entitled to collect compensation. A Lafayette personal injury lawyer from our firm may represent you. Our legal team can examine your case, determine if you have grounds for a personal injury claim or lawsuit, and pursue a settlement for personal injury damages on your behalf.

Filing a Personal Injury Lawsuit in Louisiana Is One Option to Pursue Damages

According to CC Art. 2315, every person who harms another individual must compensate the victim for the harm done. If you are harmed, you may apply for compensation through insurance or file a personal injury lawsuit for damages.

Insurance Claims Allow Injured Parties to Settle Their Cases Out of Court

Many people start their legal pursuit of compensation by filing a claim with the at-fault or liable party’s insurance company. This allows claimants to present their case to the insurer and demand coverage for damages, which can be negotiated into a settlement based on the liable party’s policy.

However, insurance coverage is not always adequate to cover losses. Even when there is sufficient coverage, insurance companies may try to negotiate the lowest settlement possible. Once you accept their offer, you can no longer pursue additional compensation – even if your injuries worsen and require more treatment. It may be worth working with a lawyer to estimate the value of your case and fight for a fair settlement.

When to Pursue a Personal Injury Lawsuit

If you file a claim and run into obstacles with the insurance company (e.g., the company keeps stalling communications), you may choose to file a personal injury lawsuit to continue your pursuit of compensation. Many lawyers use the threat of lawsuits as leverage when negotiating a settlement, but this can be a practical next step if the insurance company refuses to meet your demands.

In situations where you sustained serious injuries that require continuing care, it may also be necessary to file a personal injury lawsuit to recover the compensation needed to cover your injuries, medical expenses, property damage, and the effect on your quality of life. Some insurance policies do not provide enough coverage to pay for all financial expenses, so filing a civil action can be one way to fight for more compensation.

CTA CTA

Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.

Client
Call Us Today We Are Here For You
(337) 777-7777

Personal Injury Damages You May Receive Are Based on Losses You Suffered

If you win a lawsuit for a personal injury claim in Louisiana, there are several types of damages you may be awarded. These include:

Special Damages

These are economic damages for specific monetary losses and costs due to the accident. Examples of special damages are:

  • Medical, ambulance, medication, and rehabilitative expenses
  • Expected future medical expenses
  • Lost wages from being unable to work, and expected future lost wages
  • Property damage costs, such as to repair or replace a damaged vehicle
  • Reduced earning capacity
  • Mileage costs for traveling to doctor’s appointments if you have to seek treatment far from your home
  • Rental car fees during the time your vehicle is being repaired

If you suffered other financial setbacks, we can collect receipts, invoices, or other financial documents to prove their value and calculate them into the total compensation award we demand.

General Damages

These are for less-tangible, subjective costs that do not have a specific monetary value. Examples include:

  • Pain and suffering
  • Mental and emotional anguish and distress, including depression, anger, anxiety, and sleep issues
  • Loss of quality of life
  • Loss of reputation
  • Humiliation
  • Psychological trauma
  • Permanent disability, including loss of bodily function, vision, or hearing
  • Physical disfigurement or scarring

These types of damages are subjective, but there are methods to calculate their value. Our legal team can go over how we estimate a monetary value for non-economic damages after listening to your case.

Exemplary or Punitive Damages

These are to punish and make an example of a defendant who acted in a malicious, violent, fraudulent, or grossly reckless way while causing your injuries. Punitive damages may sometimes be greater than compensatory damages.

There is no limit on the amount of damages you may receive in Louisiana, except a cap of $500,000 in cases of medical malpractice, per RS 40:1231.2.

Damages for Wrongful Death Claims

Under CC Art. 2315.2, the immediate family of a person killed by another party’s negligence may collect damages that the deceased would have been entitled to receive in a personal injury case had they survived. Depending on the situation, the surviving spouse, children, or other family members may make wrongful death claims.

Wrongful death damages may include:

  • Funeral and burial or cremation expenses
  • Loss of financial support from the decedent (deceased victim)
  • Loss of consortium or companionship
  • Loss of parental guidance
  • Loss of inheritance
  • Loss of society
  • Medical debts

Our team at Laborde Earles Injury Lawyers respects that you may be overwhelmed with grief after losing your loved one. We can manage your case for you and update you as your case progresses, so you do not miss your case’s statutory deadline.

CTA CTA

I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

Rick Smith | Client
Contact Us Today We want to be there for you

You Must Prove Negligence Occurred to Receive Personal Injury Damages

To be awarded damages in a personal injury case, you and your attorney must show that the defendant acted negligently and was at fault for causing the accident. This means showing the following:

  • Duty of care: The defendant owed you a duty of care not to cause harm. For example, all drivers must obey traffic laws and take precautions to avoid hitting other vehicles or people on the road.
  • Breach of duty: The defendant breached this duty of care. For example, if a driver decides to use their cellphone while operating their vehicle, this dangerous act would be considered a breach of their duty of care.
  • Causation: The defendant’s breach was the direct cause of your injuries. Continuing our example, because the driver was distracted by their cellphone while driving, they did not notice you crossing the street.
  • Damages: You suffered damages as a result. For example, you broke your leg when the distracted driver hit you in the crosswalk. Your leg injury prevented you from working for eight weeks and required extensive medical treatment, including physical therapy after your leg healed.

Duty of Care Can Vary on a Case-By-Case Basis

What duty of care is owed would depend on the circumstances. Examples of different types of duties of care include:

  • Vehicle accidents: Drivers must adhere to traffic laws. A breach of duty might occur if a drunk driver ran a red light and crashed into you.
  • Slip and fall accidents: Property owners and managers must keep their premises safe for guests and customers. A breach of duty might occur if a storekeeper failed to mop up a spill and you fell.
  • Defective products: Product manufacturers, designers, and marketers must ensure their product is safe for use before releasing it to the public market. A breach of duty might occur if a defective airbag exploded and caused you injury.
  • Medical malpractice: Medical workers and facilities must administer proper medical care by industry standards to ensure patients remain safe during treatment. A breach of duty might occur if a surgeon left a sponge in your body during a surgical procedure.

Our legal team can investigate your case to identify who can be held liable for your injuries based on who has duty of care in the situation. We can also collect evidence to support your claims and present your case in front of a jury or insurance adjuster.

CTA CTA

The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
Call Us - (337) 777-7777 We are here when you need us the most

Get Legal Help to File a Claim for Personal Injury Damages in Louisiana

If you or a loved one was harmed due to someone else’s negligence in Louisiana, the personal injury lawyers at Laborde Earles Injury Lawyers may be able to help. We take the burden off you and handle all legal aspects necessary to get you fair compensation.

Time is of the essence. According to CC Art. 3492, you generally only have two years from the date of the injury to file a personal injury lawsuit in Louisiana. It is important to contact us quickly to allow enough time to investigate and build a successful case. There are no costs to you until we win a damage award for you, so call us today at (337) 777-7777.

Personal Injury Blog Posts:
Home Damage in Tornado-Causing Storm in St. Landry, Evangeline Parishes & Across Central Louisiana and Acadiana

Home Damage in Tornado-Causing Storm in St. Landry, Evangeline Parishes & Across Central Louisiana and Acadiana

On Wednesday, April 10, a severe storm system swept through Louisiana, unleashing tornadoes and causing extensive damage across the region, including in St. Landry Parish and Evangeline Parish, and...

Deadly Bus Crash on I-10 Near Baton Rouge

Deadly Bus Crash on I-10 Near Baton Rouge

Around 11 a.m. on March 24, 2022, an 18-wheeler slammed into a charter bus on I-10 near the Port Allen/Plaquemine exit in West Baton Rouge Parish. This accident took the life of the truck driver, put...

Dangers of Underwater Welding for Maritime Workers

Dangers of Underwater Welding for Maritime Workers

As one can imagine, diving underwater and operating welding equipment poses many dangers, from drowning, attacks from marine life, and the bends. According to the Occupational Safety and Health...

Why We Are

The Best Choice For You

Over 1,000+ 5-Star Google Reviews Across Our Locations
Over $1 Billion Recovered For Our Clients
An Award-Winning Team in Your Corner
You Get the Full Team on Your Case, Including David & Digger
Communication with You is a Top Priority
We Give Back to Our Communities

No Fee Unless We Win Your Case

Available 24 hours a day • 7 days a week
GET YOUR FREE CASE EVALUATION
Personal Injury FAQ:
Should I Settle or Go to Trial for a Personal Injury Claim? Should I Settle or Go to Trial for a Personal Injury Claim?

If you've been injured due to someone else's negligence, you may be wondering whether you should settle your personal injury claim or take your case to trial. You should get advice from your lawyer

How to File a Construction Accident Injury Claim How to File a Construction Accident Injury Claim

To file a construction accident injury claim, first report the accident immediately to your supervisor and seek medical attention, ensuring all injuries and treatments are well-documented. 

What if My Lawyer Is Not Replying to My Calls or Emails? What if My Lawyer Is Not Replying to My Calls or Emails?

If your lawyer is not responding to your calls or emails after a reasonable time, that’s a serious problem. First, try communicating with them through other means or find a way to escalate your

Contact Us Form
CONTACT US TODAY NO WIN, NO FEE GUARANTEE
Name(Required)
Name(Required)
Untitled
Untitled

FAQ Categories
  • Accidents in Intersection
  • Bicycle Accident
  • Car Accidents
  • Defective Product
  • Dog Bite
  • Head Injury
  • Hurricane Damage
  • Jones Act
  • Knee Injury
  • Maritime Injury
  • Medical Malpractice
  • Mesothelioma
  • Motorcycle Accidents
  • Neck Injury
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Rear End Collisions
  • Rideshare Accidents
  • Robocalling
  • Sexual Abuse
  • Slip and Fall Injury
  • Spinal Cord Injury
  • Traumatic Brain Injury
  • Truck Accidents
  • Whiplash Injury
  • Workers' Compensation
  • Wrongful Death
  • Zantac

 

Frequently Asked Questions
What If My Bicycle Accident Claim Was Denied By Nationwide? What If My Bicycle Accident Claim Was Denied By Nationwide?
What Happens When You Go to Court for a Car Accident? What Happens When You Go to Court for a Car Accident?
What Are Louisiana’s Child Seat Laws? Lafayette Car Wreck Lawyer Has the Answer What Are Louisiana’s Child Seat Laws? Lafayette Car Wreck Lawyer Has the Answer
Find Yourself a Passionate Lawyer Now!
  • Egan Personal Injury Lawyer
  • Cankton Personal Injury Lawyer
  • Bunkie Personal Injury Lawyer
  • Victoria Personal Injury Lawyer
  • Orange Personal Injury Lawyer
  • Delcambre Personal Injury Lawyer
  • Freeport Personal Injury Lawyer
  • Corpus Christi Personal Injury Lawyer
  • Gretna Personal Injury Lawyer
  • Iota Personal Injury Lawyer
How can we help you

How We Can Help You

Let our injury attorneys help you maximize the compensation you deserve to turn your life back around.


Contact us today if you want to tell us about your accident. We have someone available to discuss your situation at all times of the day.

Contact Us

(337) 777-7777

FREE Case Evaluation

No Win - No Fee
Name(Required)
Name(Required)
Email Opt In
SMS Opt in

Contact Us

(337) 777-7777

OFFICE LOCATIONS

Lafayette
1901 Kaliste Saloom Rd,
Lafayette, LA 70508

Phone : (337) 777-7777

Alexandria
100 Versailles Blvd, Suite A,
Alexandria, LA 71303

Phone : (318) 777-7777

Marksville
306 North Washington Street, Suite A,
Marksville, LA 71351

Phone : (318) 310-8922

New Iberia
230 W. Main Street,
New Iberia, LA 70560

Phone : (337)-547-2777

Lake Charles
530 E College St,
Lake Charles, LA 70605

Phone : (337) 612-6909

New Orleans
821 Baronne St, Suite D,
New Orleans, LA 70113

Phone : (504) 777-7777

Baton Rouge
660 St Ferdinand St,
Baton Rouge, LA 70802

Phone : (225) 777-7777

Practice Areas

  • Bicycle Accident
  • Car Accident
  • Dangerous Drugs
  • Dog Bite
  • Maritime Injury
  • Mass Torts
  • Motorcycle Accident
  • Pedestrian Accident
  • Premises Liability
  • Product Liability
  • Toxic Torts
  • Truck Accident
  • Slip and Fall
  • Wrongful Death

About Links

  • Our Attorneys
  • Verdicts and Settlements
  • Community
  • Testimonials
  • Scholarships

Leave a Review

  • LAFAYETTE
  • ALEXANDRIA
  • MARKSVILLE
  • NEW ORLEANS
  • NEW IBERIA
  • LAKE CHARLES
  • BATON ROUGE

Copyright © Laborde Earles Injury Lawyers 2025.
All Rights Reserved.

Disclaimer / Privacy Policy / Sitemap

Hennessey-Digital-Badge