Immigration Status A Factor in Louisiana Automobile Accident Claims
Motor vehicle accidents can raise complicated legal issues in Louisiana, especially when questions arise about what damages are recoverable. One recent change affects certain Louisiana automobile accident claims based on immigration status. If you were hurt in a crash and need guidance, an experienced Bossier City motor vehicle accident lawyer can help you understand your rights and options. For help, call Joseph A. Gregorio, A Professional Law Firm at (318) 719-7515 or reach us through our online contact form: https://www.bossiercitylawyer.com/contact-us/.
On May 28, 2025, Governor Jeff Landry signed into law House Bill 436 (HB 436), which limits what damages are recoverable for unauthorized aliens involved in an automobile accident. HB 436 enacted Louisiana Civil Code Article 2315.12 and concerns the extent to which an unauthorized alien is able to recover certain damages as a result of a motor vehicle accident in Louisiana. LegiScan+4Legislature of Louisiana+4MBLB+4
CC Article 2315.12 provides that an “unauthorized alien” is a person who is unlawfully present within the United States according to the Immigration and Nationality Act, 8 U.S.C. 1101 et seq. When an unauthorized alien is a party to an action for damages arising from an automobile accident, the unauthorized alien will not be awarded general damages or past and future wages. However, this article does not apply to a claim made against an uninsured or underinsured motorist policy that names the unauthorized alien as an insured, and the unauthorized alien may still be awarded special damages. LegiScan+4Legislature of Louisiana+4Taylor Porter+4
If you’re unsure how this statute affects your claim, it’s smart to talk with a lawyer before accepting any settlement from an insurance company. Joseph A. Gregorio, A Professional Law Firm serves Bossier City, LA and can review your case—call (318) 719-7515 to get started.
General Damages vs. Special Damages in Tort Law
In tort law, special damages refer to specific monetary losses incurred by an injured party, such as medical expenses, property damage, lost wages, and loss of earning capacity. General damages are intangible losses that do not necessarily have a fixed monetary value, such as pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium (losses within a personal relationship, such as between spouses). MBLB+2Galloway Law Firm+2
In an action for an automobile accident, as well as tort law in general, the foundational purpose is to make the injured party whole again. Special damages focus on measurable losses, while general damages address the life impact of an injury—including the physical and emotional toll that often follows a serious car wreck.
In civil tort actions, general damages may complicate a case because of the subjective nature of the injuries, but general damages will typically increase the overall value of the claim. By limiting an unauthorized alien’s recovery to special (economic) damages and excluding loss wages and loss of earning capacity, the judicial process may be more streamlined. The unauthorized alien will be restricted to providing evidence only for tangible and specific monetary damages. bossiercitylawyer.com+3Legislature of Louisiana+3Taylor Porter+3
Because Louisiana law in this area is evolving, it’s important to get advice that fits your specific situation. If you were injured in a motor vehicle accident in Bossier City or anywhere in Northwest Louisiana, contact Joseph A. Gregorio, A Professional Law Firm today. You can call (318) 719-7515, or send a message here: https://www.bossiercitylawyer.com/contact-us/.
For more information about car accident claims, visit: https://www.bossiercitylawyer.com/personal-injury/car-accidents/
See what our clients say about working with us: https://www.bossiercitylawyer.com/testimonials/
Read more legal updates on our blog: https://www.bossiercitylawyer.com/blog/