What are Compensatory Damages?

gavel and scales

Damaged Individuals Financially Compensated Through Civil Court Litigation

When individuals are harmed by the reckless, negligent or intentional actions of another person or entity, Louisiana Civil Code Article 2315 requires monetary compensation be paid to victims for their economic and non-economic losses through civil litigation.

The legal term for such financial remuneration is “compensatory damages.” Essentially, compensatory damages are devised to order an injuring party (defendant) to monetarily compensate a harmed or injured person (plaintiff) for both their economic and non-economic losses.

Specifically, the two types of compensatory damages are labeled “special” and “general.”

▪Special or actual economic damages: When a civil court awards special damages, the sole purpose is to financially compensate an injured party (plaintiff) for actual economic losses and make the victim “whole,” i.e., return them to the financial situation they were in before the injury or other harmful incident. The financial compensation in civil court awards demands that the injuring party (defendant) pay a plaintiff’s “out-of-pocket” dollar amounts associated with medical expenses, physical therapy, property damage, lost wages and future earning capacity, home care assistance, and other actual economic costs. When seeking special damages, the plaintiff must prove the specific dollar amount lost and that the loss was a direct result of the defendant’s actions.

▪General or non-economic damages: What may qualify as non-economic damages are those that don’t necessarily involve out-of-pocket expenses and can be considered subjective or emotional losses, not quantifiable by dollar calculations. Such losses may include pain and suffering; emotional distress and mental anguish; damaged reputation through defamation, libel or slander; post-traumatic-stress, loss of companionship (consortium) when a loved one was severely injured or killed; disfigurement; loss of or diminished quality of life.

Louisiana’s Compensatory Damages’ Provisions Provide Monetary Remedies

Louisiana’s compensatory damages’ provisions ensure that injured or harmed people are fairly compensated for both economic and non-economic losses. By ordering a defendant to pay for the harm they’ve caused, the law hopes it serves as a disincentive for other people or entities to engage in the same or similar injurious conduct in the future.

If you were injured or harmed by another’s reckless, negligent or intentional conduct, a skilled personal injury attorney can guide you through the civil court proceedings to acquire compensation for any economic or non-economic damages.

Personal Injury Attorney Josh Clayton Has Won MULTI-MILLION-DOLLAR Settlements for His Injured Clients

Over the past decade, attorney Josh Clayton has represented injured people throughout Louisiana and has won MULTI-MILLION-DOLLAR settlements to help them recover monetarily and emotionally.

To learn how you can win the compensation you may be legally entitled to under Louisiana’s compensatory damages law, call personal injury attorney Josh Clayton for a free, no obligation discussion of your case. With an office conveniently located in the Shreveport community, call him at (318) 217-8487 or message him here to schedule a prompt appointment.

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