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Tag: Medical Expenses

  • Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

    A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and suffering.

    In 2013, Steven McDowell was involved in a car accident with Russell Diggs. McDowell sued Diggs and his insurer, seeking damages for physical and mental pain and suffering, loss of enjoyment of life, and medical expenses.

    The jury found both drivers equally at fault (50% each) and awarded McDowell $8,000 for past medical expenses. However, they did not award any general damages. McDowell appealed, arguing that it was legal error to award special damages without also awarding general damages.

    The Court of Appeal agreed with McDowell, finding that the jury’s decision to award medical expenses but no general damages was an abuse of discretion. The court conducted a de novo review of the evidence and awarded McDowell an additional $25,000 in general damages.

    Understanding the Types of Damages

    • Special Damages: These are quantifiable economic losses, such as medical expenses, lost wages, and property damage.
    • General Damages: These are non-economic losses that are more difficult to quantify, such as pain and suffering, mental anguish, and loss of enjoyment of life.

    Why General Damages Matter:

    General damages compensate for the intangible harms caused by an accident. They acknowledge the physical and emotional toll an injury can take on a person’s life. Even if medical expenses are covered, the pain, suffering, and reduced quality of life deserve compensation.

    Key Takeaways from the Case:

    • Legal Error: The court emphasized that it’s a legal error for a jury to award special damages without also awarding general damages when the injuries are proven.
    • De Novo Review: When such an error occurs, the appellate court can conduct a de novo review, meaning they will independently assess the evidence and determine an appropriate award for general damages.
    • Importance of General Damages: The case highlights that general damages are an essential component of fair compensation in personal injury cases.
    • Seek Legal Counsel: If you’ve been injured in an accident, it’s crucial to consult with an attorney who can help you understand your rights and ensure you receive full and fair compensation for all your losses, including general damages.

    This case serves as a reminder that even in cases where medical expenses are the primary focus, general damages for pain and suffering should not be overlooked. The court’s decision emphasizes the importance of ensuring that injured individuals receive just compensation for the full spectrum of harm they’ve suffered.

    Additional Sources: STEVEN MCDOWELL VERSUS RUSSELL DIGGS, UNITED SERVICES AUTOMOBILE ASSOCIATION AND LIBERTY MUTUAL INSURANCE COMPANY

    Written by Berniard Law Firm

    Other Berniard Law firm articles on General Damages: Louisiana Court Affirms General Damages Awarded to Ascension Parish Woman Injured In Auto Accident and Falling Tree Victim Entitled to Increase of General Damages

  • Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

    A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable.

    Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related accident in 2011. He underwent multiple surgeries, including a total knee replacement. Subsequently, he experienced instability in his right knee, leading to falls and injuries to his left knee, left shoulder, right hip, and lower back.

    Critical Issues in the Case:

    • Compensability of Subsequent Injuries: The primary issue was whether Loar’s subsequent injuries directly resulted from his initial work-related knee injury.
    • Medical Expenses and Penalties: The court also examined the denial of medical treatment for Loar’s subsequent injuries and the imposition of penalties and attorney’s fees on Terminix.

    The Court of Appeal affirmed in part and reversed in part the Workers’ Compensation Judge’s (WCJ) ruling. It upheld the WCJ’s findings that Loar’s injuries to his left knee, right hip, and lower back were compensable as they were a foreseeable consequence of the instability in his right knee caused by the initial work accident.

    However, the court overturned the WCJ’s finding that Loar’s left shoulder injury was compensable. The evidence did not sufficiently support the claim that the shoulder injury was directly related to the work-related knee injury.

    Furthermore, the court reversed the WCJ’s award of penalties and attorney’s fees to Loar. It found that Terminix had reasonably controverted the claims, as the causal connection between the initial injury and subsequent injuries was not always clear.

    Things to Know:

    • Causation is Key: Proving a causal link between the initial work-related injury and subsequent injuries is critical for obtaining compensation in workers’ compensation cases.
    • Medical Evidence Matters: Thorough medical documentation and expert opinions are essential in establishing the connection between injuries and the initial accident.
    • Reasonable Controversy: Employers and insurers have the right to reasonably controvert claims when there is a legitimate dispute about the compensability of injuries.
    • Appellate Review: The Court of Appeal reviews workers’ compensation cases under a manifest error or clearly wrong standard, giving deference to the WCJ’s factual findings unless they are unsupported by the evidence.

    This case demonstrates the complexities involved in workers’ compensation claims, especially when subsequent injuries arise. It emphasizes the importance of clear medical evidence and the need for employers and insurers to thoroughly investigate before denying benefits.

    Additional Sources: Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc.

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Worker’s Compensation Issues: Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts? and Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction