What Types of Damages Can You Recover After a Car Accident in New Orleans, LA?

Car accidents can result in injuries that have financial, personal, and physical consequences on your life and your future. When another driver or other party is to blame for your accident, you can recover many of these losses in a claim. It’s critical that you are aware of the types of damages you can recover after a car accident in New Orleans, LA, and how the right attorney can help you recover these damages.

Damages in Car Accidents in Louisiana

In 2024, the Center for Analytics & Research in transportation Safety reported the following total costs from car accidents in the state:

• $2,003,876 for fatal injuries
• Nearly $519,000 for serious injuries
• Over $152,000 for minor injuries
• $33,030 for possible injuries
• Over $6,000 for no injuries
• $8,810 for vehicle property damage costs

Understanding your settlement timeline and process can help you plan for treatment and bills while your claim proceeds, especially in higher-severity cases. See a practical walkthrough of the Louisiana car accident settlement timeline and process.

Recovering Compensatory Damages in a Car Accident Claim

Compensatory damages exist to help injured individuals recover the losses they sustained because of an injury, with the goal of providing enough financial support so they are made whole. When someone else has caused you harm because of recklessness, negligence, or misconduct, you can file a claim for these damages. Compensatory damages include two main types of damages: economic and non-economic damages. For a tailored assessment of both categories, an experienced New Orleans personal injury lawyer can help document losses and present evidence.

Economic, or special damages, are easily calculable and tangible damages. You may be able to recover economic damages such as:

• Medical bills. After a car accident, you may receive emergency medical care and be transported to a hospital, or you may go to a hospital yourself. The costs of doctor’s visits, ambulance transport, medical devices, surgeries, prescription medication, and any other costs from your injury should be considered when calculating these losses. You also want to consider the long-term medical consequences of an injury and future treatment costs.Medical care is important after an accident, not only to protect your own well-being, but to ensure that there is official documentation of the accident and the injuries it caused you.
• Lost income and benefits. Many car accident injuries prevent you from going to work for days or even months. You may also have to miss work for doctor’s visits. The wages you should have earned during this time are an important element of your compensation.
• Reduced earning capacity. Some injuries permanently affect your ability to work. You may have to change fields, retrain in other job duties, only work part-time or on limited duty, or be unable to be gainfully employed at all. The impact on your long-term earning capacity should be considered.
• Property damage. Your vehicle and other personal property are often damaged in an accident. The costs to fix or replace these items could be included in a claim.
• Attorney’s fees. In rare cases, you can recover the cost of your attorney’s fees who helped with your claim.

Non-economic, or general damages, are intangible losses that are much harder to quantify. This can include physical, emotional, and psychological damages such as: 

• Physical pain and suffering, from the physical harm you sustained from the injury
• Emotional distress, like fear, anxiety, stress, post-traumatic stress disorder, and other forms of mental trauma
• Reduced quality or enjoyment of life, such as when your injuries prevent you from engaging in hobbies and daily enjoyable activities
• Disfigurement, when an injury permanently impacts your movement, appearance, or abilities
• Loss of consortium, if you were injured to an extent that your relationship with your spouse has suffered

Recovering Punitive Damages in a Verdict for a Car Accident

Punitive damages are different from compensatory damages. Rather than compensating a loss, they exist to punish the at-fault party for wrongdoing.

In New Orleans, Louisiana, punitive damages are called exemplary damages. The court may award exemplary damages when you are injured by a driver who was operating under the influence and caused the accident, if the individual’s conduct shows a disregard for the rights and well-being of others. When you work with an attorney, they can help you determine if you have the grounds to recover exemplary damages.

FAQs

What Is the Average Settlement for a Car Accident in Louisiana?

In Louisiana, every car accident results in unique damages, so every settlement is unique. On average, an emergency department visit for those in car accidents in the U.S. was $98,153 per person, while those hospitalized after a car accident had an average cost of $266,728 per person, according to the Centers for Disease Control. However, the specific costs of your damages could be much higher or lower than this.

How Much Compensation Do You Get From a Car Crash in New Orleans?

The compensation that you get from a car crash depends on your injuries and their costs, but it will also depend on the insurance limits of the at-fault party, whether you are partially at-fault, and other factors. You could recover the cost of your medical expenses, lost income, the long-term consequences to your employment, and pain and suffering. If you hire a skilled car accident lawyer, they can help you estimate the compensation you could recover in your unique case.

How Does Car Insurance Pay for Damages in New Orleans?

In Louisiana, car accidents are fault-based, so when multiple vehicles are involved in one accident, injured individuals can file claims with the insurance covering the at-fault driver. This claim can recover losses such as medical expenses and property damage, up to the coverage limits of the at-fault driver. If the insurance company won’t settle for a fair amount within these limits, you could take the case to court to recover damages. An experienced New Orleans car insurance claim lawyer can help organize documentation, address coverage disputes, and negotiate a fair payout.

What Are Compensatory Damages in Louisiana?

Compensatory damages in Louisiana are damages that compensate an individual for losses they sustained as a result of an accident and/or injury. Compensatory damages include both economic and non-economic damages, or tangible and intangible losses. For example, an injury can result in tangible medical bills that should be compensated, and also cause serious pain and prevent someone from normal mobility, causing intangible damages that can be compensated.

Hire a Car Accident Lawyer in New Orleans Today

When you work with a dedicated New Orleans car accident attorney, they can help you calculate your damages and investigate the at-fault party. With this information, it is much more likely that you will be able to obtain full and fair compensation in a car accident claim, whether it occurred on Canal Street, the I-10, or elsewhere. Reach out to Murphy Law Firm today to schedule a consultation and learn how we can support you.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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