Louisiana: What Counts as General vs. Special Damages

Louisiana's civil law tradition uses its own vocabulary for this split — and in medical malpractice, both categories get combined into one cap, with a single major carve-out.

Special damages: the documented, countable losses

What most states call economic damages, Louisiana calls "special damages" — the straightforward, receipt-backed part of a claim. This generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

General damages: the subjective losses

What most states call non-economic damages, Louisiana calls "general damages" — the losses that don't come with a receipt: pain and suffering, mental anguish, and loss of enjoyment of life. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented special-damages figure into a reasoned estimate of the general-damages side.

Why Louisiana's medical malpractice cap works differently

In most states that cap medical malpractice damages, the cap applies only to the general (non-economic) side, while special damages like medical bills pass through uncapped. Louisiana's Medical Malpractice Act takes a genuinely different approach: the $500,000 cap applies to the combined total of general damages and most special damages together.

The one major carve-out: future medical care

Future medical expenses are the significant exception. They're excluded from the $500,000 cap entirely and paid separately, without any dollar limit, directly by the state's Patient's Compensation Fund as the patient incurs them — for as long as care is needed. This carve-out is what keeps Louisiana's otherwise unusually low cap from leaving catastrophically injured patients without ongoing medical coverage.

Fault treats both categories the same way

Whichever outcome applies under Louisiana's modified comparative fault rule, it doesn't distinguish between general and special damages. If your fault bars the claim, it bars recovery of both categories together; below that threshold, both are reduced by the same proportion.

General vs. special damages — frequently asked questions

What are special damages in a Louisiana personal injury claim?

Special damages are Louisiana's term for documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are general damages in a Louisiana personal injury claim?

General damages cover losses that aren't a specific dollar receipt — pain and suffering, mental anguish, and loss of enjoyment of life.

Does Louisiana treat this split differently than most states in medical malpractice?

Yes. Most states that cap medical malpractice damages cap only general (non-economic) damages. Louisiana's Medical Malpractice Act caps the combined total of general damages and most special damages together at $500,000.

Is any special damage excluded from Louisiana's medical malpractice cap?

Yes — future medical care and related benefits are carved out entirely. They're paid separately and without any dollar limit by the state's Patient's Compensation Fund, for as long as the patient needs treatment.

Does this split affect Louisiana's fault rules?

No. Whichever fault outcome applies under the state's modified comparative rule, it treats general and special damages the same way, barring or reducing both together.

This page provides general guidance only and is not legal advice. Figures are based on general Louisiana civil law terminology and the Louisiana Medical Malpractice Act (La. R.S. 40:1231.2), verified per our methodology. Confirm what counts toward a specific claim with a licensed Louisiana attorney before acting.