When people file injury claims in Louisiana, they have the option of claiming noneconomic damages. Noneconomic damages, also called “general damages,” are compensation for pain and suffering, mental anguish, and other losses that can’t be measured in pure financial terms. Getting noneconomic damages is a way of acknowledging that you’ve lost something irreplaceable in your accident that deserves compensation.
You can claim noneconomic damages in injury claims involving:
- Car accidents
- Defective products
- Slips and falls
- Wrongful death
- Medical malpractice
The Power of Pure Comparative Negligence
Louisiana is uniquely generous to plaintiffs when it comes to injury law (with the notable exception of medical malpractice cases). Our laws so affirm the right to seek recovery for negligence that Louisiana is one of the only states that allows drug users to sue whomever provided them with drugs if they’re injured by using. That's because our courts operate under pure comparative negligence. Under pure comparative negligence, you’re able to claim whatever portion of the damages you're entitled to even if you were partially at fault. For instance, if you’re 80% at fault, you’re still able to claim 20% of the accident’s total damages.
Noneconomic damages can be claimed if you've experienced any of the following:
- Physical pain and suffering
- Mental and emotional anguish
- Physical impairment
- Loss of enjoyment
- Disfigurement and scarring
- Loss of companionship
- Loss of consortium
The justice system considers noneconomic damages critically important for rebuilding a person's future and restoring what has been lost. Accidents unfortunately may lead to lifelong disability or health problems, long after the physical bill has been paid and wages have been compensated. Noneconomic damage awards acknowledge, without a doubt, that more has been taken away from accident victims than a number can ever quantify; they attempt to fill in the gap of what a life-altering experience costs—including losses of freedom, loss of enjoyment of life, and emotional traumas suffered. These noneconomic damages are designed to properly compensate plaintiffs with the security they need to move forward post-accident.
You Must Act Fast to Claim Any Damages
While Louisiana plaintiffs have ample opportunity to claim what they need after an accident, they need to act fast: our state only allows plaintiffs one year to file a lawsuit. In legal terms, that’s not a lot of time. Accident cases require a detailed and lengthy investigation. A skilled lawyer will use their expertise to uncover exactly what happened, why it happened, and who made it happen. This process includes filing reports, exhausting potential defendants' records, and interviewing witnesses in order to get to the bottom of any incident. Once this initial preparation has been completed the attorney can then file a suit.
Depending on the intricacy of your case, your lawyer may need extra time to ensure that all involved parties are providing accurate information. Consequently, proper preparation prior to filing can take an extended amount of time (sometimes several weeks or months). If you’re planning on claiming any damages at all, much less noneconomic damages, you need to speak with an attorney as soon as possible.
Speak with Attorney Tony Clayton
When it comes to cases involving noneconomic damages, you have one chance to fight for what you need. This calls for a proven trial attorney with real courtroom experience—someone like Tony Clayton, an experienced lawyer with decades of practice in Louisiana. Having won hundreds of millions in verdicts and settlements, including the largest single-injury verdict in Louisiana history (a record-setting $117 million), as well as numerous awards and commendation for his excellence in the practice, Tony's your best bet when it comes to fighting for justice. Don't settle for anything less: let Tony Clayton represent you and fight for your future.
Speak with Tony Clayton today at (504) 608-3211 to learn your legal options and get help with your case.