Louisiana law specifically recognizes the right of an injured victim to recover damages for past and future loss or impairment of the enjoyment of life, separate from and in addition to the right to recover damages for past and future physical pain and suffering and past and future mental anguish.
Pain and suffering, both physical and mental, refers to the pain, discomfort, inconvenience, anguish, and emotional trauma that accompanies an injury. Loss of enjoyment of life, in comparison, refers to detrimental alterations of the person’s life or lifestyle or the person’s inability to participate in the activities or pleasures of life. In contrast to pain and suffering, whether or not a plaintiff experiences a detrimental lifestyle change depends on both the nature and severity of the injury and the lifestyle of the plaintiff. McGee v. AC And S, Inc., 2005-1036 (La. 7/10/06), 933 So.2d 770, 775.
This Louisiana personal injury law jury instruction is provided by the experienced Baton Rouge, Louisiana personal injury attorneys at Dué Guidry Andrews Courrege.
