Legal Question in Personal Injury in Louisiana

Re: Personal Injury Claim limitations

Broad ranges of recovery have been established by prior cases, but there is no defined cap per se on the amount of damages that might be recovered. For example, the caselaw might say that the most that could reasonably awarded for a cervical disk injury is $200,000; in a given case, however, an injury victim might have numerous surgeries and run up medical expenses that alone are greater than $200,000. Most Louisiana cervical disk cases involving rupture or future surgery have damage recoveries in the area of $100,000. Soft tissue injuries to the neck without disk hernation are worth considerably less. Another issue here is the limits of liability of the insurer; these may set a practical cap on the recovery because there may be no pocket to fund a large judgment.

Perry Staub

Taggart Morton

2100 Energy Centre