Being in a car accident is not something any one of us would want to go through today. However, many people around New Orleans will be involved in a traffic accident today. Some car accidents will be nothing more than fender-benders that cause property damage. Other traffic accidents might result in minor injuries while some accidents will tragically cause catastrophic injuries and death.
When another driver causes an accident, that driver can be held liable for damages. In most cases, the insurance company for the at-fault driver pays the victim’s claim. The value of that claim depends on several factors including:
- The injuries sustained by the person;
- The severity of the injury;
- Whether there is a permanent disability caused by the injury;
- The actual financial or economic damages; and,
- The length of your recovery.
In addition to the above factors, the potential for future damages can also be a factor. Future damages are usually awarded when the person suffers a permanent disability. Many factors must be considered when determining if future damages are warranted in a case. Because each case is different, you should seek the advice of an experienced New Orleans car accident attorney. An attorney with experience handling accident claims understands Louisiana personal injury laws, including the laws related to future damages.
Does a Broken Limb Qualify for Future Damages?
The type of injury can be a factor in determining if future damages are warranted. However, the question that must be answered is whether you will continue to suffer damages after reaching maximum medical recovery.
For example, if you broke your ankle in a car accident caused by another driver, your damages will include your medical expenses, lost wages, pain, and suffering. If you have surgery, the costs of surgery, physical therapy, and lost time from work are included in the claim, in addition to your physical pain and emotional suffering. However, let’s assume that you suffer a permanent impairment because of the broken ankle.
Even though the surgeon repaired the damage and you completed physical therapy, your ability to walk and stand on your feet for prolonged periods is limited. You continue to suffer pain from the injury. Your doctors tell you that they have done everything they can to repair the damage, but you will continue to have problems and pain indefinitely.
In this case, a jury or court might find that you will continue to suffer damages because of the injury. Your ability to work or your capacity to earn a living is diminished because of the impairment. Therefore, you will continue to incur future lost wages. You might need future medical care and you will endure ongoing pain. All these damages are compensable as future damages.
Proving Future Damages
Proving future damages can be complicated. In many cases, medical experts and financial experts are needed to testify as to the cost of future damages. An experienced New Orleans car accident attorney understands what is necessary to build a persuasive case for future damages. We encourage you to call our office to discuss your case with one of our personal injury attorneys. We want to help you recover the compensation you deserve for your injuries, losses, and damages, including future losses and damages.
Contact Attorney Fred Olinde of The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to request a free consultation with a New Orleans accident attorney.