Every state has different laws on what damages are available to those who have been injured in an auto accident. Louisiana’s laws are similar to other states’ laws in certain areas, but different in others. Tim Young, a Louisiana attorney whose practice handles all aspects of auto accident cases, spoke with us about which damages are, and aren’t, available in the state.

Available damages

Louisiana allows injured parties to collect any and all of the damages that were caused by the accident. Young explained, “They can collect pain and suffering, past and future wage loss, past and future medical expenses that were caused by the accident and also any type of property damage they suffered. Louisiana law also allows the spouse of an individual injured in an automobile accident to also file what is caused a consortium claim. If the spouse was actually in the vehicle, the claim tends to be a little higher, or more serious, because they went through the accident with the injured party. Even if the spouse was not in the vehicle, the spouse is still allowed to file a consortium claim.”

Punitive damages – only allowed under limited circumstances

Punitive damages, those that are meant to punish, are allowed in Louisiana, but under limited circumstances. Young provided additional information, “Louisiana law allows punitive damages only when the driver that caused the damage was intoxicated or impaired. Louisiana law does not have a general punitive statute which would allow punitive damages for grossly negligent or egregious conduct. Instead, Louisiana has chosen to only allow punitive damages if you can prove that the driver that caused the accident was intoxicated or some how impaired by drugs and alcohol.”

What to do if you suspect the other driver of being impaired

Young says that there are certain things victims should do when they feel that the other driver is impaired by drugs or alcohol when the accident occurs. He explained, “We always tell people that if they suspect alcohol or drugs on the other person to let the police know that and to make sure that testing is done. It’s impossible to go back after the accident occurs and try to do blood or alcohol testing because of the time period that would have elapsed.”

“They should insist that the police come to investigate the accident. Once the police get there, they should tell them of their suspicions. If the police do not seem interested, or do not seem like they’re going to test the individual, then the person involved in the accident should have any witnesses that are available try to speak to the individual that caused the accident so that they can testify later on that the person appeared impaired. The court will necessarily require some type of significant proof that the other driver was impaired and this is why insisting that the police test the driver for alcohol or drugs is very important.”

Lower burden of proof in auto accident cases

Louisiana does not place a cap on damages as long as the damages are approved by what the law calls a ‘preponderance or a majority of the evidence’. Young explained, “All that means is that you have to prove each element of damage, your pain and suffering, your medical expenses and your wage loss by a ‘more likely then not’ standard – or a 51% chance in the future you’re going to incur this medical bill or a 51% chance in the future you’re going to lose income because of the accident. Those are the only types of limitations on any damages that you can collect in Louisiana.”

“It is the lowest type of test and we like to tell juries that it’s simply a more likely then not standard, if there’s one piece of evidence more then the other side of the scale, then the individual has proved their damages in the case. It is very important for juries to understand this because they almost always come into a case thinking that a criminal standard of ‘beyond a reasonable doubt’ applies. Attorneys need to immediately tell the jury that this is simply a 51% standard.”

If you or a loved one has been injured in an auto accident, contact an attorney whose practice focuses in this area of law. Click here, to contact a qualified Louisiana Car Accident attorney for a free, no-obligation consultation.