Have you recently been injured? Louisiana has specific personal injury laws and regulations that govern various aspects of personal injury claims. You’ll want to make sure you understand these state laws and how they apply to your situation.
Understanding Louisiana Personal Injury Laws
Here are some key elements of personal injury laws in Louisiana:
Comparative Fault: Louisiana follows a pure comparative fault system, allowing an injured party to recover damages even if they are partially at fault for an accident. However, the compensation is reduced by the percentage of fault attributed to the injured party.
Statute of Limitations: The statute of limitations for most personal injury cases in Louisiana is shorter than most other states, just one year from the date of the injury. This means you typically have one year to file a lawsuit, although there are exceptions for certain cases.
Auto Insurance Laws: Louisiana is a “fault” state for car accidents, meaning that the at-fault driver’s insurance is responsible for covering damages. Louisiana requires drivers to carry minimum liability insurance coverage.
At the same time, Louisiana also has a “no-fault” insurance system, which means that your own insurance may cover some of your medical expenses regardless of who was at fault for the accident. However, this system has limitations and may not cover all damages.
Damage Caps: Louisiana has statutory caps on non-economic damages (e.g., pain and suffering) in medical malpractice cases. These caps can affect the amount of compensation a plaintiff can receive.
Premises Liability: Property owners have a duty to maintain their premises and provide a safe environment for visitors. Injured parties can file premises liability claims if they are injured due to a property owner’s negligence.
Dram Shop Laws: Louisiana has dram shop laws that hold establishments liable for injuries caused by customers who were served alcohol when they were visibly intoxicated. Under these laws, if an intoxicated patron subsequently causes harm, the injured party or their family may file a lawsuit against the establishment that served the alcohol. Establishments may be held responsible for damages if they were negligent in serving alcohol to someone who posed a clear risk. Louisiana’s Dram Shop Laws aim to promote responsible alcohol service and accountability among establishments that serve alcohol.
Wrongful Death Lawsuits: Louisiana allows surviving family members to file wrongful death lawsuits when a loved one dies due to another party’s negligence.
Expert Witness Rules: Louisiana has specific rules regarding the use of expert witnesses in personal injury cases, including requirements for their qualifications and testimony. Expert witnesses are individuals with specialized knowledge or expertise in a particular field relevant to the case. Louisiana’s rules require experts to possess the necessary qualifications and experience to offer expert opinions.
It’s important to consult with an experienced attorney who is familiar with the state’s laws if you are pursuing a personal injury claim. Laws and regulations may apply differently to your unique situation, and an attorney can provide guidance tailored to your specific case.
Contact 1-800-Injured to Find a Louisiana Personal Injury Lawyer
We are a medical and legal referral network. As such, 1-800-Injured connects our clients with experienced professionals who can help them with their unique personal injury needs. Contact us today to move your Louisiana personal injury case forward.