14 Jul Louisiana Personal Injury Law Facts
When a person suffers harm in an accident that could be caused by someone else’s negligence, that person can be entitled to some compensation following a lawsuit. The United States, fortunately, allows victims a right to their defense if it can be proven that their injury was due to another’s irresponsibility, but each state must follow its own determined law. Like every state, Louisiana personal injury law provides its own standards and provisions when it comes to potential lawsuits.
One of the most important distinctions when it comes to Louisiana personal injury law is the statute of limitations. Every state mandates a certain amount of time following the accident or injury that person can legally file a personal injury lawsuit, and that time can vary depending on the date of the accident or when a person can notice an injury. In Louisiana, the statute of limitations falls one year after the date of the accident, with victims likely losing a chance at compensation following that period.
Additional stipulations in Louisiana personal injury law also follow Louisiana’s role as a “fault” state. This ultimately gives injured victims the choice on whether to file an insurance claim or a lawsuit depending on their own liability. However, it also includes a “comparative fault” rule that assigns a fair share of fault depending on the damage. From this rule, the amount of compensation a person can receive may decrease based on how much a victim can be determined to be partially responsible. This does not necessarily weaken the strength of a potential lawsuit, but it can diminish final compensation based on available evidence.
Finally, Louisiana personal injury law, like other states, provides a “cap” when it comes to how much a victim can receive. Medical malpractice cases are usually capped at no more than $500,000 with injured patients of the Patient Compensation Fund receiving no more than $100,000 following an accident. For smaller claims with no injuries, a plaintiff in a personal injury lawsuit cannot receive more than $3,000 or seek any further damages. However, like all things related to personal injuries, not everything can be considered clear cut until brought before a lawyer.
If you were involved in an accident that may be caused by someone else’s negligence, contact McGinity Law Firm at 504-581-2222. Our lawyers can determine who was at fault and the best course of action following an injury.