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April 19, 2024

Louisiana Personal Injury Laws You Should Know

April 19, 2024

If someone else’s negligence causes an accident that results in your injuries, you can file a lawsuit to hold the negligent party accountable. Taking legal action is one of the best ways to get the money you deserve for the damages you’ve suffered, and it can keep you from bearing the financial burden of what you’ve been through.
Without previous legal experience, it can be helpful to discuss your case with a New Orleans personal injury lawyer from Smiley Law Firm, LLC. Our team will use our knowledge to investigate your case and maximize your claim. Knowing the personal injury laws in Louisiana can be a great way to feel more confident as you move forward in the legal process.

Pure Comparative Negligence

Pure comparative negligence is one of the most important laws to understand when filing a personal injury claim in Louisiana. If you shared fault in your accident and want to file a claim for damages you’ve suffered, Louisiana’s pure comparative negligence law allows you to file a claim regardless of the percentage of fault you contributed to the accident.
The court, however, will calculate your percentage of fault and deduct this percentage from your settlement amount. 

The Statute of Limitations

The statute of limitations for filing personal injury claims in Louisiana is one year, which means there’s a one-year deadline from when your accident occurred to file your claim in the court system. If you don’t file your claim within the one-year deadline, the court likely won’t hear your case, and you won’t receive a settlement for any losses you suffered. 

Caps on Damages for Medical Malpractice

Although the state of Louisiana doesn’t put a cap on the economic or non-economic damages you can receive in most personal injury lawsuits, there is a cap on damages in medical malpractice claims. The cap for medical malpractice damages in Louisiana is $500,000; however, this cap doesn’t apply to future medical expenses. 

Strict Liability for Dog Bite Cases

If you’re bitten by a dog in Louisiana, you can file a lawsuit to pay for your medical expenses or other damages. While some states give dog owners a second chance if their dog bites someone and has never been violent before, Louisiana holds dog owners strictly liable for any injuries their dog inflicts.
You can sue the dog owner for liability as long as you weren’t trespassing when the dog bite occurred and as long as you weren’t acting negligently.

Contact a New Orleans Personal Injury Attorney

There are many other personal injury laws that can be important and applicable to your case, which is why it’s important to discuss your situation in detail with an attorney. 
Having a legal team by your side will make it easier to obtain the full settlement you deserve. To speak with a New Orleans personal injury lawyer from Smiley Law Firm, LLC, call 504-894-9653 or fill out the contact form below to schedule a free consultation.

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