General damages for Cervical (Neck) disc Injury is as follow:

$85,000: The Court found that the medical testimony established that plaintiff has two ruptured cervical discs which caused her to suffer severe pain in her neck, arm and shoulder and that this condition will not improve without surgery. This pain greatly limits plaintiff’s daily activities. The record further establishes that plaintiff has suffered from pain in her neck and shoulder … Read More

General damages for Shoulder impingement/rotator cuff:

100, 000: Plaintiff was suffering from impingement of the tendon/rotator cuff. Plaintiff underwent arthrosporic surgery in 1995. Burgess v. C.F. Bean Corp., 743 So.2d 251 (La.App. 4th Cir. 1999). 131,690: Plaintiff sustained a shoulder injury and was diagnosed with torn rotator cuff, which required surgery. Corliss v. Baha Towers LTD 799 So.2d 525 (La. App. 4th Cir. 2001) 150,000: Plaintiff … Read More

General damages for Knee Injury With Surgery are as Follows:

$68, 000: Arthroscopic knee surgery, partial tear of medical meniscus, chondromalacia five to ten percent permanent knee disability. Younce v. Pacific Gulf Marine, Inc., 817 So.2d 255 (La. App 5th Cir. 2002). $100,000: Arthroscopic knee surgery with knee arthritis; residual restrictions. Payton v. City of New Orleans, 679 So.2d 446 (La. App. 4th Cir. 1996). FACTS AND INFORMATION OBTAINED FROM … Read More

General damages for Knee Injury Without Surgery are as Follows:

$46,115.00: Plaintiff sustained a tear to the medial meniscus of Plaintiff’s left knee in this automobile accident. Plaintiff’s doctor recommended arthroscopic surgery to repair the damage. Farrell v. Pierre, 846 So.2d 49 (La. App. Ct. 5th Cir. 2003). *FACTS AMD DAMAGE AWARDS OBTAINED FROM WESTLAW LEGAL SERVICES *RESULTS MAY VARY BASED ON FACTS OF INDIVIDUAL CASES

General damages for Lumbar disc Injury With Fusion Surgery are as Follows:

$375, 000: In this 1996 case, a forty-two year old woman had two level discectomy and fusion and a 20-25% permanent body impairment. Chapman v. Regional Trans. Auth., 681 So.2d 1301 (La.App. 4th Cir. 1996); $400,000: Plaintiff was 65 years old at the time of the accident. She had undergone an anterior lumbar interbody caged fusion at the L4-5 and … Read More

General damages for Lumbar disc Injury Without Fusion Surgery are as follows:

A. General damages for Lumbar disc Injury Without Fusion Surgery are as follows: $245, 000: Plaintiff sustained neck and back injuries as a result of a motor vehicle accident with the back injury more painful than the neck injury. The treating physician’s initial opinion was that plaintiff sustained soft tissue injuries to the neck and back was an aggravation of … Read More

Louisiana Law on Future Medical Expenses

An award of future medical expenses will be awarded where there is medical testimony that future medical expenses are indicated, and the medical testimony sets out the probable future medical costs. Davis v. Kreutzer, 633 So.2d. 796 (4th Cir. 1994)(citing Poche v. Frazier, 232 So.2d 851 (La.App 4th Cir. 1970)). As the Court stated in Davis, that there is ample … Read More

Loss of Earning Capacity-Future Loss of Wages

Unlike loss of past wages, which is a form of special damages, loss of future wages has elements of both general and special damages. Like general damage awards, loss of future wages awards are “inherently speculative and intrinsically insusceptible of being calculated with mathematical certainty. Myers v. Burger King Corp., 638 So.2d 369 (La. App. Ct. 4th. Cir. 1994). The … Read More