Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
A truck accident can leave you facing high medical bills, missed work, and changes to your daily life. If someone else caused the crash, you may be able to recover money for these losses.
The amount you can claim depends on your injuries, how they affect your life, and the evidence you have. Louisiana also changed how it calculates some past medical bills for cases filed on or after January 1, 2026.
Here’s what you need to know about the damages you may recover and how a Louisiana truck accident attorney can help you understand your legal options.
Truck accident damages usually fall into two groups: financial losses and personal harm.
|
Type of damages |
What it covers |
| Medical expenses | Hospital bills, medicine, and treatment |
| Future medical care | Expected surgery, therapy, and ongoing care |
| Lost wages | Income lost while recovering |
| Lost earning capacity | Reduced ability to earn money in the future |
| Property damage | Repair or replacement of your vehicle |
| Pain and suffering | Physical pain and emotional distress |
| Permanent disability | Lasting injuries or physical limits |
| Loss of consortium | Harm to certain family relationships |
The damages you can claim depend on your injuries and the law that applies to your case.
You may be able to claim money for costs caused by the crash. Read below to understand what each type of loss covers and how you may claim it.
You may be able to claim the cost of treating your injuries. This can include ambulance rides, hospital stays, surgery, medicine, tests, and physical therapy.
Keep your medical bills and payment records. They can help show how much your treatment has cost.
Some injuries need treatment for months or years. You may need more surgery, regular therapy, or help with daily tasks.
Your doctor can explain what care you may need later. Other experts can help work out the cost. You need proof that these costs are likely, not just a guess.
If your injuries keep you from working, you may be able to claim pay you lost while recovering. You may also claim future lost income if your injuries make it harder to earn money.
For example, a construction worker with a serious back injury may no longer be able to lift heavy items. If they have to take a lower-paying job, they may be able to claim the difference in future earnings.
Pay records, tax returns, and medical reports can help prove these losses.
Yes. You may be able to seek damages for pain and suffering, emotional distress, scars, and lasting physical limitations.
You may also claim damages for how your injuries affect daily life. For example, you may no longer be able to play with your children, enjoy your hobbies, or move around as easily as before.
Louisiana has no set formula for calculating these damages. Medical records and statements from you, your family, and others who know you may help show how the injury has changed your life.
In some cases, certain family members may bring a loss of consortium claim. This may cover changes to their relationship with the injured person, including lost companionship, support, or services.
This is separate from the injured person’s own claim for pain and suffering.
Under Louisiana Revised Statute 9:2800.27, new rules for certain past medical expenses apply to cases filed on or after January 1, 2026.
For covered treatment paid through private insurance or Medicare, you may recover:
Example: If a hospital bills $50,000, insurance pays $20,000, and you owe $2,000 in qualifying costs, your recoverable medical expenses would generally be $22,000.
Different rules may apply to Medicaid, workers’ compensation, and unpaid bills. The change does not automatically reduce claims for future medical care, lost wages, or pain and suffering.
Louisiana generally does not award punitive damages for ordinary negligence. However, Civil Code Article 2315.4 allows extra damages in certain cases involving intoxicated drivers.
You must show that the driver was intoxicated, the intoxication contributed to the injuries, and the driver acted with reckless disregard for other people’s safety.
These damages are not automatic just because a driver was under the influence.
The amount you receive may depend on how much blame you share for the crash, the available insurance, and whether you must repay some medical costs.
Federal law generally requires companies that run interstate trucks to carry at least $750,000 in liability insurance. Higher limits apply to some hazardous materials. But the insurance limit does not tell you how much your claim is worth.
Under Louisiana’s fault rules that took effect on January 1, 2026, you generally cannot recover damages if you are 51% or more at fault, subject to legal exceptions. If you are less than 51% at fault, your compensation is generally reduced based on your share of the blame.
Proving future costs can be harder because they haven’t happened yet. Experts can help explain what care you may need and how your injuries could affect your work.
Before accepting a settlement, check whether your health insurer, Medicare, Medicaid, or another party may need to be repaid for medical costs they covered.
Yes. You need medical proof that you will likely need surgery because of the accident.
It depends on what the money is for. Federal law often doesn’t tax money for physical injuries, but some parts of a settlement may be taxable.
Certain family members may be able to bring a wrongful death claim. A separate claim may also cover losses suffered by the person who died before their death.
Possibly. Some health insurers and public health programs may ask for repayment of medical costs they covered. Check these claims before dividing up your settlement money.
A truck accident can affect your finances, health, work, and family life. A claim should account for both the costs you face now and the losses you may face in the future.
Charbonnet Law Firm, LLC represents people injured in commercial truck accidents in New Orleans and across southeast Louisiana.
Learn more about evidence in truck accident cases or request a free consultation to discuss your claim.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
