Future Damages in Louisiana
In Louisiana, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
1 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Louisiana
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Louisiana allows recovery of future non-economic damages under pure comparative fault — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Louisiana Injury Law
Louisiana operates under a civil law legal tradition unique in the United States, derived from the Napoleonic Code rather than English common law. Despite this heritage, Louisiana personal injury law largely parallels other states in practice. Louisiana applies pure comparative fault, allowing plaintiffs to recover regardless of their fault percentage. The 1-year prescriptive period (statute of limitations equivalent) is among the shortest in the nation and is strictly enforced. Louisiana does not require no-fault PIP insurance. The state's oil and gas industry, maritime activity along the Gulf Coast, and unique legal quirks create specialized personal injury claims. Jones Act and general maritime law govern offshore worker injuries. Louisiana courts have historically produced significant jury verdicts, particularly in New Orleans. Workers' compensation is administered by the Office of Workers' Compensation Administration. Louisiana limits punitive damages to specific statutory circumstances, such as DUI-caused accidents under La. Rev. Stat. § 13:3203.