Baton Rouge, LA – In some situations, injuries may be caused by a government employee, such as a person who is driving a government vehicle on the roads. Government agencies and entities can be sued under these kinds of circumstances, but there are special rules that apply when a person wants to sue the government, as well as the amount of compensation they can receive. At prior times in the history of the United States, these entities were protected from lawsuits under a doctrine called sovereign immunity, but this doctrine has mostly been replaced with other sets of rules that allow cases to be filed with some specific limitations.
Laws related to damage caps
The state’s statutes say that there is an absolute damage cap of $500,000 in claims for injuries or wrongful death against the state government or any political subdivision or agency. This means that regardless of the total of costs related to lost earnings and wages, medical treatment costs, pain and suffering, and funeral expenses, the victim cannot be paid more than the damage cap allows. The notes in the statute claim that this was done due to fears of the government’s ability to pay large amounts of damages after an accident, which could have serious consequences that may compromise the state’s ability to function.
Compensation for future medical expenses
If an accident victim is awarded damages for medical treatment and additional costs arise at a later time, the state created special rules for establishing a trust to cover these expenses. This is referred to as a reversionary trust in the statutes, and the court handling the case must approve of these additional costs and expenses. The specific functions of the trust are summarized in the Louisiana Trust Code,
How are damages calculated?
Even when the government is named as a defendant, the plaintiff may argue for damages in the same manner as in any other personal injury lawsuit. This can include a summary of lost income and future projected financial losses, property damage, hospitalization and medical recovery costs, and non-economic damages for the person’s lost quality of life and physical pain. In practice, most defendants, including the government, can agree to settlement to pay an acceptable amount rather than invest the time and money necessary to complete a full trial. Clients may also want to settle to avoid higher legal fees from trial preparation.
Local lawyers can help victims with the process to receive compensation
Miller, Hampton, and Hilgendorf is an experienced law firm that handles all matters related to personal injury cases in Louisiana. Residents of the Baton Rouge area can get in touch with the firm after any accident.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806