Insurance Dispute Lawyer Blog
In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing it from $2,500 to $10,000.
Matthew Hillman filed a lawsuit against Corey Seneca after being attacked without provocation. Mr. Seneca failed to respond to the lawsuit, leading to a default judgment in favor of Mr. Hillman. During the confirmation hearing for the default judgment, Mr. Hillman provided evidence of his injuries, which included a lacerated lip requiring fifteen stitches, fractured teeth, and the inability to eat solid food for two months. He also testified about his pain and suffering and loss of income due to the attack.
The trial court awarded Mr. Hillman special damages of $2,894.19 for lost wages, past medical expenses, and future dental treatment. However, it granted only $2,500 in general damages for pain and suffering. Mr. Hillman appealed the judgment, arguing that the general damages award was insufficient.
The Court of Appeal reviewed the evidence presented at the confirmation hearing and found that the trial court had abused its discretion in awarding only $2,500 in general damages. The court emphasized the violent nature of the attack, the severity of Mr. Hillman’s injuries, and the ongoing pain and suffering he endured.
The court also referenced previous cases involving similar injuries where higher general damage awards were granted. Based on this analysis, the court determined that the lowest reasonable amount within the trial court’s discretion was $10,000.
The Court of Appeal affirmed the trial court’s judgment except for the general damages award, which was increased to $10,000. All costs of the appeal were assessed against the defendant, Corey Seneca.
This case demonstrates the importance of seeking appropriate compensation for injuries, including general damages for pain and suffering. It also highlights the appellate court’s role in reviewing trial court decisions and ensuring that damage awards are reasonable and just.
While default judgments may seem straightforward, it is crucial to present sufficient evidence to support the damages claimed. In this case, the court relied on Mr. Hillman’s testimony and a statement from his dentist to assess the extent of his injuries and the appropriate compensation.
If you have been injured due to someone else’s negligence, it’s essential to consult with an attorney to understand your legal rights and pursue the compensation you deserve.
Additional Sources: MATTHEW A. HILLMAN VERSUS COREY SENECA ET AL.
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Default Judgments: Why It’s Important to Dot your I’s and Cross Your T’s When Filing a Default Judgment and What are the Standards for Default Judgments in Louisiana?