Can I Ask for Punitive Damages in a Shreveport, LA Auto Accident Case?

Generally, the answer is "no." Punitive damages are not often allowed in Louisiana car accident cases. However, there are some exceptions.

If you (or a family member) have been injured here in Shreveport or Caddo Parish, contact us at the Law Offices of Philip B. Adams. Contact us here. We also provide legal services to personal injury victims in Bossier Parish, Red River Parish, and De Soto Parish, along with the rest of Louisiana. Here is what you should know about asking for punitive damages in a Shreveport, Louisiana, auto accident.

What are punitive damages?

Victims who are injured or killed in Louisiana auto accidents are entitled to seek compensation from the at-fault party (or parties) for any injuries to themselves as well as damage to personal property (like their vehicle). Compensation for these injuries and property damage are called "compensatory damages." That is, the money awarded is for compensation. Examples include recovery of costs for medical bills, lost wages, costs to repair damaged property, out-of-pocket expenses (like the cost to rent a replacement vehicle), pain and suffering, emotional distress, costs for therapy, disfigurement, apprehension and fear, and more.

By contrast, punitive damages are not about compensating victims but are about punishing the wrongdoer. Punishment, however, is typically reserved for circumstances of purposeful or intentional conduct. Because in an accident case the conduct or behavior that causes the Louisiana auto accident is generally not intentional, most of the time the victims are not allowed to seek punitive damages.

Exceptions where punitive damages ARE allowed in Shreveport, Louisiana Auto Accident Cases:

By statute, Louisiana has made several exceptions to the general rule and DOES allow punitive damages in Shreveport, Louisiana, car accident cases. The first is contained in the Civil Code, art. 2315.4, which allows an award of punitive damages if the at-fault party was driving under the influence of alcohol or drugs. The provision reads:

"In addition to general and special damages, exemplary [punitive] damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries."

In Louisiana Civil Code, art. 3546, there is another exception involving out-of-state parties if punitive damages can be awarded in the domiciliary states of those out-of-state parties. One circumstance involves situations in which the wrongful behavior OR the injury occurred in another state that allows punitive damages. Punitive damages can be sought if that wrongful conduct injures a person here in Louisiana OR a Louisiana resident. A second circumstance involves situations in which the at-fault party causes injury here in Louisiana but lives in a state that allows punitive damages. This might occur if an out-of-state driver causes an auto accident here in Louisiana.

Will punitive damages be awarded?

So far, we have only discussed whether a victim of a Louisiana car accident can ASK for punitive damages. As noted, generally, a victim cannot even seek punitive damages. But, even when it is permissible to seek punitive damages, the facts must still be proven. The wrongful conduct must generally be shown to be intentional or rise to a level of negligence that demonstrates indifference and/or reckless disregard for the health and safety of others.

Contact A Louisiana Personal Injury Attorney Today

For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.