Louisiana Personal Injury Laws You Should Know
If someone elseâs 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 youâve suffered, and it can keep you from bearing the financial burden of what youâve 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 youâve suffered, Louisianaâs 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 thereâs a one-year deadline from when your accident occurred to file your claim in the court system. If you donât file your claim within the one-year deadline, the court likely wonât hear your case, and you wonât receive a settlement for any losses you suffered.
Caps on Damages for Medical Malpractice
Although the state of Louisiana doesnât 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 doesnât apply to future medical expenses.
Strict Liability for Dog Bite Cases
If youâre 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 werenât trespassing when the dog bite occurred and as long as you werenât 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 itâs 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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