Louisiana residents who have been injured in a car accident caused by the negligence of another driver may be able to take legal action to claim a variety of damages. Typically, they are allowed to make a claim for medical expenses and, if applicable, lost wages and future earnings. However, there may be additional damages that can be sought.
For instance, it may be possible to sue for pain and suffering after being hurt in a car accident. An award may be granted for both emotional pain and physical pain resulting from injuries suffered. The amount of the award is based partially on the scope of the pain and the likelihood that it will last into the future.
In some cases, it may also be possible for to make a legal claim for the loss of consortium. What this means is that the injured victim is unable to show affection to his or her spouse, which may include an inability to engage in sexual intercourse. Unlike other damages, compensation for loss of consortium is awarded to the spouse who was not injured in the accident. Loss of companionship may also be a valid claim made by surviving family members in a wrongful death lawsuit filed after a loved one is killed in a motor vehicle accident.
Of course, car accident injuries are not compensable unless it can be demonstrated by a preponderance of the evidence that the collision was due to the negligence of another party. The evidence that an attorney who is representing an injured victim will use can include the police investigation report and eyewitness testimony, among other items.