Mentz Law Firm  ™ -  Your Rights

Basic Rights for Victims of Injury

Pain and Suffering:
The most significant and critical aspect of your bodily injury claim often involves compensation for both the physical pain and mental anguish you have suffered and will continue to endure due to your accident or injury. These general damages can be much higher than your medical expenses and lost wages.

Loss of Earnings:
You are entitled to recover the earnings you have lost due to your injuries, including wages, commissions, bonuses, and all other forms of income, along with fringe benefits.

Louisiana Criminal Defamation Law:
In Louisiana, defamation is defined as any form of communication, whether written or spoken, intended to harm a person’s or business's reputation or livelihood. The penalty for defamation can include a fine of up to $500, imprisonment for up to six months, or both.

Medical and Hospital Expenses:
You can recover the cost of all reasonable and necessary medical expenses related to your injury. This includes both past and future medical expenses, such as hospital stays, medical treatments, therapy, diagnostic tests, surgeries, physical rehabilitation, and pain management. Even if your health insurer has paid part of these costs, you can recover the full amount from the responsible party. However, be aware that most health insurance contracts contain a "subrogation" clause, giving the insurer the right to be reimbursed for any amounts they have paid on your behalf.

Loss of Future Earnings:
If your injury results in a permanent decrease in your ability to earn income, you are entitled to compensation for the reduction in your earning capacity. This can include lost income over the course of your working life and may exceed the damages for pain and suffering.

Damage to Vehicle or Personal Property:
You are entitled to compensation for damage to your personal property, including your vehicle. If the vehicle can be repaired, you can recover the cost of restoring it to its pre-collision condition, along with any expenses for substitute transportation while repairs are being made. If the damage is so extensive that the vehicle is a "total loss," you can recover its full value before the accident.

Wrongful Death:
The surviving spouse, parents, and children of the deceased can recover damages in the case of wrongful death. In some cases, others who were financially dependent on the deceased may also be entitled to compensation. Damages can include emotional pain, mental anguish, and loss of companionship, care, and support. In addition, the deceased’s estate may be entitled to compensation.

Disfigurement:
If your injury causes scarring or other visible marks, you can seek compensation for the disfigurement, as well as for the humiliation or emotional distress it causes.

Damage to the Marital Relationship:
Serious injuries to one spouse can significantly affect the marital relationship. If this occurs, you may be entitled to recover for the loss of society, affection, companionship, and the impairment of sexual relations.