Baton Rouge Personal Injury Attorneys

Personal Injury Damages Law:
Compensation for

Disabling Injury, Catastrophic Injury and Death

Depending on how and where an accident occurs, different laws govern the legal liability to compensate the victim of a disabling injury.   However, the law governing the award by a jury for money damages is generally the same.  After finding legal liability, a jury is asked to separately consider an award for the following elements of damage:

• medical expenses
• loss of earnings and loss of earning ability
• physical injury and pain
• mental anguish and suffering
• permanent disability and loss of enjoyment

Where the injury is serious and disabling, the jury may consider an award to the spouse and children for the damage to their relationship, which is called loss of consortium, society and support.

For the severely injured left with a disability, placing a monetary value on each of the above elements of damages usually requires the testimony of treating doctors, a vocational rehabilitation expert to show a jury how and why the physical disability has destroyed the ability to earn a living, and an economist to compute the value of a lifetime of lost earnings or lessened earning ability. 

For the catastrophically injured, including paralysis (paraplegia or quadriplegia), massive burn injuries or electrocution, expert life care planners are engaged to coordinate and present lifetime costs for the needs of the tragically disabled in every aspect of their life, including the construction of an accommodating home environment, rehabilitation, and a lifetime of medical care.  A professionally and sensitively produced Day-in-the-Life movie, narrated by health care providers and family members, is used to portray to a jury the consequences of catastrophic injury.

For an injury causing death, all of the above elements of damage are present.  Loss of consortium is the primary focus for the attorney who must recreate for the jury through witnesses, family pictures and mementos the importance of the loss for the remaining family members, both financially and emotionally.

Experience Matters: What makes the job of the attorney critical to the outcome is that a jury cannot be told what other juries have done in cases involving similar injuries or death.  The attorney’s experience in presenting the evidence and in motivating a jury through sensible but compelling arguments on damages can make the difference between an award of some damages and truly just compensation.  This is particularly important for awards for physical pain, mental anguish, permanent disability and loss of consortium, where there can be no direct testimony from the witness stand on the monetary value of these kinds of damages. 

By choosing the right  attorney, you have a much better chance of getting what you believe you deserve rather than what an unmotivated jury thinks you deserve.  By choosing an attorney with a strong reputation, you are more likely to get a fair offer of settlement from the other party’s insurance company at an early time, eliminating sometimes long delays and expenses required for the trial of a case.