Types Of Damages

Compensatory Damages

The word "compensate" means "to offset an error or undesirable effect". Compensatory damages, therefore, are meant to make up for an injury sustained by an individual. There are two basic types of compensatory damages: actual and general. Actual damages reimburse an individual for funds paid out-of-pocket for medical treatments, lost wages, substitute transportation, property replacement or repair, and rehabilitation. An accident victim can also sue for general damages, which include estimates of loss not involving actual monetary expenditure. Mental anguish, disfigurement, future medical expenses, future lost wages, long-term pain and suffering, loss of consortium, and loss of opportunity are all examples of general damages.

Punitive Damages

Punitive damages are meant to punish a defendant for acts of gross negligence or intentional misconduct that cause personal injury to the plaintiff. They are not calculated by the extent of the actual injury, but rather are meant to prevent the defendant or others in similar situations from allowing or causing the same sort of accident to happen in the future. Punitive damages are not available in Louisiana except when injuries are caused by a drunk driver and in certain other limited situations.

Court Costs and Attorney's Fees

If a personal injury case is settled in favor of the plaintiff, he or she may also have recourse to recover some of the expenses of taking the case to court. These court costs would include filing and process server fees, obtaining deposition and court transcripts, and payment to translators. There are some instances in which a plaintiff may also be able to recover attorney and expert witness fees, but this is not as common.

If you or a loved one is in need of legal assistance, please call Kleinpeter & Schwartzberg, L.L.C. at (225) 926-4130 or toll free (800) 548-6130 anytime during regular business hours, Monday-Friday (8:00 AM to 5:30 PM), or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will usually work on a contingency fee basis, which means we get paid for our services only if we recover money for you. Remember, if a lawsuit is not filed within the time limit set by law, all rights may be lost forever. Only an attorney, based on the factual information provided by the client, can determine for sure the applicable prescription period (time limit). Please do not delay in seeking legal assistance to ensure that you do not waive your right to possible compensation.