Does Louisiana Cap the Compensation Amount a Car Accident Victim Can Receive for Damages?
When you are injured in a traffic accident, one of the first things you may worry about is paying for the medical bills incurred because of the accident. You may also worry about the lost wages and other damages you incur because of the injuries sustained in the accident. Worry and anxiety about who will pay the bills are common after an accident. The good news is that with one exception, Louisiana does not place a cap on compensation for motor vehicle accident claims. If you are not assigned any fault for the accident, you can receive compensation for 100 percent of your damages when you file a car accident lawsuit.
Regardless of how much money you have lost because of the crash, you deserve to receive compensation for all damages, including non-economic damages such as physical pain and emotional suffering. A Louisiana car accident attorney can help you fight for full compensation, even when the insurance company for the other driver is claiming you are partly at fault for the collision. Our attorneys investigate each accident to identify and preserve the evidence we need to fight for your legal right to a fair and just settlement. Don’t let the insurance company blame you as a way to reduce the amount of money you receive for your claim; hire an attorney who will fight for you.
What is the Limit on Compensation Caps?
The only compensation cap Louisiana places on traffic accident cases is for claims against the state, a state agency, or political entity. If you are suing the state of Louisiana or another government entity, the most you can receive is $500,000 for your damages. However, the cap does not include future medical care and future lost wages. Under LSA-R.S. 13:5106, you can receive compensation for future lost wages and costs of medical care over the cap of $500,000. The money for the payment of future losses and costs are paid through a reversionary trust established to pay these expenses as they are incurred.
Maximizing Compensation in a Car Accident Claim
Because there are no compensation caps in motor vehicle accident claims, except when suing the government, it is important to fight for full compensation for your damages. To do this, you must prove several things:
- The other driver or other parties were 100 percent at fault for the accident (you had no liability for the collision);
- The crash was the cause of your injuries; and,
- You suffered damages because of those injuries.
Your damages may include medical bills, lost wages, physical pain, property damage, emotional suffering, and compensation for permanent disabilities. To maximize your compensation, you need to include all damages. If you are claiming future medical bills and lost wages, you may need evidence provided by an expert witness, such as a medical professional or economist.
The cost of ongoing medical care and long-term personal care can be very expensive. Let your attorney work to get you the most compensation available for your injury claim.