What Compensation Can You Recover After a Louisiana Truck Accident?

You may spend days in a hospital.

You may need surgery.

You may miss months of work.

You may need another operation next year.

You may never return to the same career.

Your spouse may become your caregiver.

Your home may need modifications.

And an injury that happened in seconds may affect the rest of your life.

Louisiana law calls the money awarded for legally compensable losses damages.

In a serious truck accident case, evaluating damages requires more than adding up the bills that have already arrived.

At Jacqueline Scott & Associates, we investigate serious Louisiana truck accident claims with attention to both what the collision has already cost and what the injured person may face in the future.

Make ’Em Pay.

Call (318) 746-5997.

Three Important Categories of Damages

Truck accident damages can generally be discussed as:

1. economic damages;
2. non-economic damages; and
3. exemplary damages in the limited circumstances Louisiana law authorizes them.

A fatal accident may also create survival and wrongful-death claims.

Economic Damages

Economic damages involve measurable financial losses.

Potential examples include:

• emergency medical care;
• hospitalization;
• surgery;
• rehabilitation;
• physical therapy;
• medication;
• future medical care;
• lost wages;
• diminished earning capacity;
• property damage; and
• other documented financial losses.

Past Medical Expenses

Past medical expenses can include treatment already received because of the accident.

Examples include:

• ambulance transportation;
• emergency care;
• imaging;
• hospitalization;
• surgery;
• specialist treatment;
• physical therapy;
• prescriptions; and
• medical equipment.

But Louisiana law now contains specific rules governing the amount of past medical expenses recoverable under different payment arrangements.

The billed charge should not automatically be assumed to equal the recoverable amount.

Future Medical Expenses

A catastrophic truck accident may require treatment for years.

Potential future needs include:

• additional surgery;
• rehabilitation;
• injections;
• medication;
• prosthetics;
• wheelchairs;
• attendant care;
• neurological care;
• psychological treatment;
• home modifications; and
• other medically necessary services.

Future medical damages should be supported by evidence.

Why Future Care Can Be More Important Than Today’s Bill

Imagine someone suffers a spinal cord injury at age 30.

The initial hospitalization may be enormous.

But the long-term costs of:

• mobility equipment;
• replacement equipment;
• attendant care;
• rehabilitation;
• medication;
• complications; and
• future treatment

can continue for decades.

Evaluating only current bills would miss a substantial part of the loss.

Lost Wages

If your injuries prevent you from working, keep documentation.

Potential evidence includes:

• pay stubs;
• employer verification;
• tax documents where appropriate;
• work schedules;
• medical restrictions; and
• missed overtime.

Loss of Earning Capacity

Lost wages concern income already missed.

Loss of earning capacity concerns the injury’s effect on your ability to earn money in the future.

A person may return to work and still have a diminished earning-capacity claim.

For example, an injured worker may be unable to:

• lift;
• climb;
• stand for long periods;
• drive commercially;
• operate equipment;
• perform overtime; or
• continue a physically demanding career.

What Experts Can Be Used in a Catastrophic Case?

Depending on the injuries, attorneys may consult appropriate professionals such as:

• physicians;
• vocational experts;
• economists;
• life-care planners;
• rehabilitation specialists; and
• accident reconstruction experts.

Not every case requires every expert.

Non-Economic Damages

Some of the most serious consequences of an injury do not arrive with an invoice.

A person may experience:

• physical pain;
• disability;
• emotional consequences;
• loss of independence;
• disfigurement;
• loss of enjoyment of activities; and
• other legally compensable harm.

The evidence should show how the injury actually changed the person’s life.

Documenting Life After a Catastrophic Accident

Medical records tell only part of the story.

Other evidence may document that an injured person can no longer:

• care for children in the same way;
• participate in hobbies;
• perform household tasks;
• drive;
• exercise;
• travel;
• sleep comfortably; or
• live independently.

Accuracy matters more than exaggeration.

Are Non-Economic Damages Capped in an Ordinary Truck Case?

Louisiana does not impose a general statutory cap on non-economic damages simply because a private motor carrier caused an ordinary trucking negligence case.

Specific categories of claims can have caps or limitations.

Those separate statutes should not be confused with ordinary private trucking claims.

What Are Exemplary Damages?

Exemplary damages are different from compensatory damages.

Compensatory damages are designed to compensate for legally recognized losses.

Exemplary damages are punitive in nature and are available in Louisiana only where authorized by law.

Intoxicated Commercial Drivers

Civil Code Article 2315.4 authorizes exemplary damages in specified circumstances involving injuries caused by an intoxicated motor-vehicle operator.

The statutory requirements must be proven.

It is not enough simply to show that the truck driver made a serious mistake.

What If a Truck Accident Causes Death?

Louisiana recognizes separate survival and wrongful-death actions.

Survival action

A survival action can preserve qualifying claims arising from the injury suffered by the person before death.

Wrongful-death action

A wrongful-death action addresses legally recoverable damages sustained by qualifying family members because of the death.

The Civil Code establishes an order of beneficiaries.

What Is the Wrongful-Death Deadline?

Current Louisiana Civil Code Article 2315.2 states that a wrongful-death action prescribes one year from death or two years from the date injury or damage was sustained, whichever is longer.

Because fatal-accident timing can involve both survival and wrongful-death claims, families should not attempt to wait until the last possible date.

Does Comparative Fault Affect Compensation?

Yes.

For claims governed by Louisiana Civil Code Article 2323 as amended effective January 1, 2026, an injured person who is 51% or more negligent cannot recover damages.

If the injured person’s fault is less than 51%, damages are reduced according to that percentage.

Example

Suppose legally recoverable damages are determined to be $1 million.

If the injured person is found 10% negligent under the current rule, recovery would generally be reduced proportionally.

If that person is found 51% negligent, recovery is barred under Article 2323.

That makes the liability investigation critical.

What If Several Companies Share Responsibility?

A trucking case can involve:

• driver;
• motor carrier;
• employer;
• tractor owner;
• trailer owner;
• maintenance provider;
• cargo loader; or
• another negligent party.

Each company’s actual role must be proven.

Why Insurance Layers Matter

Commercial trucking accidents can involve more insurance than ordinary passenger-vehicle crashes.

Depending on the operation and parties, potential coverage may include:

• primary commercial liability;
• excess insurance;
• umbrella coverage;
• self-insurance arrangements; and
• separate policies associated with other responsible entities.

The existence of multiple companies does not automatically mean multiple policies will pay.

Coverage must be investigated.

Don’t Evaluate Your Claim From the First Settlement Offer

Before considering a settlement, ask three questions:

What has this accident already cost me?

What income have I already lost?

What medical care and financial losses are still ahead?

An offer that considers only today’s bills may not address the entire claim.

What If Doctors Don’t Yet Know My Prognosis?

That is common after catastrophic injuries.

Someone recovering from a brain injury, spinal injury, complicated fracture, or major surgery may not know the long-term outcome immediately.

The medical evidence should be sufficiently developed to evaluate future consequences before making permanent decisions about settlement.

Jacqueline Scott & Associates Evaluates the Whole Truck Accident Claim

A serious truck accident claim should not be reduced to:

“How much are the medical bills?”

The proper investigation may need to evaluate:

• future treatment;
• future surgeries;
• rehabilitation;
• lost income;
• earning capacity;
• permanent disability;
• life-care needs;
• non-economic harm;
• multiple defendants; and
• available insurance.

If an 18-wheeler caused your serious injuries in Shreveport, Bossier City, Caddo Parish, Bossier Parish, or elsewhere in Louisiana, call Jacqueline Scott & Associates at (318) 746-5997.

Make ’Em Pay.

Every case is different. The damages available depend on the evidence, applicable law, fault allocation, injuries, and other circumstances. Prior results do not guarantee a similar outcome. This article provides general educational information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.