In New Orleans, Louisiana, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing. This makes sense, since Louisiana is home to much of the oil, gas, and construction industry. Thus, with the amount of industry and construction activity and accidents that happens in the Orleans Parish alone, navigating the available remedies in a personal injury or medical malpractice case is something you probably want a skilled lawyer to do. Tort litigation is complicated, and to complicate matters even more, the state of Louisiana has this way of complicating matters even more with their rules on when punitive damages can or cannot apply.
A Breakdown of Remedies
Louisiana law provides for two types of damages- compensatory damages and punitive damages. Compensatory damages attempt to place the injured party in the position he would have been in had the accident not occurred. This includes past and future medical expenses caused by the defendant as well as past wages, future wages and loss of earning capacity. It also covers general damages such as: pain and suffering, emotional distress, scarring or disfigurement, loss of consortium, and loss of enjoyment of life. Punitive damages (or exemplary damages) on the other hand, are not meant to compensate, but are meant to punish the person responsible for the accident as a means to deter his conduct.
Rules on Punitive Damages in Louisiana
The state of Louisiana has a general policy against doling out punitive damages except where expressly allowed by statute, and personal injury claims typically do not give rise to this type of damages. Currently, there are only five articles found in the Louisiana Civil Code addressing punitive damages. Specifically, the Civil Code allows punitive damages for child pornography, drunk driving, criminal sexual activity with minors (sexual abuse of a child), and domestic violence.
The 5th kind of punitive damages is listed out in Louisiana Civil Code Article 3546, which addresses “Conflicts of Laws.” Article 3546 allows for punitive damages when 2 out of 3 elements are met: 1) the state where injury occurred allows punitive damages; (2) the state where injurious conduct occurred allows punitive damages; and (3) the state where defendant is domiciled allows punitive damages. Personal injury victims who sustained their injuries on a Louisiana-owned oil rig in Texas for example (See e.g. Tajonera v. Black Elk Energy Offshore Operations, LLC, No. 13-366 (E.D. La. 2015), try to gain compensation through this article. However, plaintiffs have typically been unsuccessful in Court.
Lastly, punitive damages in Louisiana also have a limit. Generally, awards may not exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10.
Get Legal Help for Medical Malpractice and Injury Cases
The personal injury attorneys at Harrell & Nowak have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for their injuries, including dealing with insurance disputes. Harrell & Nowak has zealously represented people who have suffered from personal injuries in litigation against tortfeasors. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and a success rate of 90% in our litigation. We will give each client the attention they deserve for each case. If you have or a loved one suffered due to someone else’s negligence, contact our New Orleans injury law firm today for a free, confidential consultation.