Some of the hardest consequences of an accident never appear on a bill. An injury can leave you in daily pain, keep you from doing things you enjoy, affect your relationships, or change how you feel about your future. These losses are real, even though they can be difficult to put into dollars and cents.
In a personal injury case, these personal consequences are generally called non-economic damages. They are different from financial losses, such as medical bills and lost wages, because they focus on how an injury has affected your life.
What Are Examples of Non-Economic Damages?
Non-economic damages may account for losses such as:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Scarring and disfigurement
- Permanent physical impairment
- Loss of consortium, service, or society in qualifying cases
- Psychological effects associated with an injury
These damages are highly personal. The important question is not simply what injury you suffered, but how that injury has changed your life.
What Are the Differences Between Economic and Non-Economic Damages?
Economic damages cover losses that can usually be documented with a specific dollar amount. Medical expenses, lost income, rehabilitation costs, and certain out-of-pocket expenses are common examples.
Non-economic damages are different because there is usually no receipt showing their value. You cannot look at an invoice to determine the value of months of physical pain or the frustration of losing your independence.
Both types of damage can matter after a serious accident. Economic damages address the financial consequences, while non-economic damages account for the personal toll of the injury.
How Are Non-Economic Damages Calculated?
There is no single formula for calculating non-economic damages in every Louisiana personal injury case. Instead, the value depends on the available facts and evidence.
Factors that may be considered include:
- The type and severity of the injury
- How long the pain and other symptoms last
- Whether the injury causes permanent limitations
- How the injury affects the person’s independence
- The extent of any scarring or disfigurement
- The emotional and psychological impact
- Changes to hobbies, relationships, and everyday activities
- The strength of the evidence supporting the claimed losses
A temporary injury that causes discomfort for a few weeks is very different from an injury that leaves someone dealing with chronic pain for years. The individual circumstances matter.
How Can I Prove Non-Economic Damages?
Because non-economic damages are personal, proving them often requires more than showing medical bills.
Medical records can help establish the nature and severity of an injury. Records from doctors, physical therapists, mental health professionals, and other providers may also show how symptoms developed and whether they continued over time.
Other evidence can help tell the fuller story. Photographs may document scarring or physical changes. Family members and friends may be able to describe changes they have observed. An injured person can also explain how the accident affected sleep, mobility, relationships, work, hobbies, and ordinary routines.
Does Louisiana Limit Non-Economic Damages?
Louisiana does not have a single universal cap on non-economic damages in every personal injury case. However, special rules and limitations may apply to particular defendants or types of claims.
For example, Louisiana law limits certain damages in claims against the state or its political subdivisions. Other specialized claims may also be governed by rules that differ from an ordinary negligence case.
Whether a particular limitation applies depends on the circumstances. For that reason, it is important to evaluate the specific type of accident, the parties involved, and the law that applies to the claim.
Can My Share of Fault Affect My Non-Economic Damages in Louisiana?
Yes. Louisiana’s comparative fault rules can affect whether you recover damages and how much you receive.
For injuries governed by the version of Louisiana Civil Code Article 2323 effective Jan. 1, 2026, a person who is 51% or more at fault generally cannot recover damages. Someone who is less than 51% at fault may still recover damages, but the award is reduced according to that person’s percentage of responsibility.
For example, if you are found 45% responsible for an accident, your recoverable damages may generally be reduced by 45%.
The applicable rules can depend on when the injury occurred and other circumstances. Determining fault can therefore have a significant effect on a personal injury claim.
Contact the Shreveport Personal Injury Lawyers at Desiah Injury Lawyers for a Free Consultation
After a serious accident, you may be dealing with losses that are difficult to explain to someone who has not experienced them. The pain, frustration, missed experiences, and changes to your daily life can matter just as much as the expenses piling up on your kitchen table.
If you were injured because of someone else’s actions in Shreveport, Louisiana, Desiah Injury Lawyers can review what happened and discuss the damages that may be available in your case. Contact our Shreveport personal injury attorneys today at (318) 252-3034 to schedule a free consultation.