Louisiana Personal Injury Laws: Everything You Need to Know
In 2023, excitement over attending Mardi Gras led to three people suffering injuries when a driver tried to do a burnout on the Houma parade route (fortunately the injuries were not serious and the victims were released from the hospital later in the day). The driver was clearly at fault for causing the injuries, and though it is not known if the injured parties decided to file a personal injury lawsuit, if they had decided to do so they may have received financial compensation.
Personal injury law in Louisiana covers a wide range of situations when individuals suffer harm due to the negligence, recklessness, or intentional actions of others. These scenarios include car accidents like the incident in Houma, slip and falls, medical malpractice, and more. The goal of personal injury claims is to help victims recover compensation for their losses, such as medical expenses, lost wages, and pain and suffering. Louisiana’s legal system has unique aspects that set it apart from other states, making it essential to understand the state’s specific laws and regulations when pursuing a claim.
Understanding Louisiana’s Unique Legal System: Civil Law vs. Common Law
Unlike most states that follow the common law legal system, Louisiana is based on civil law. This stems from the state’s French and Spanish heritage, which relies on a system of written laws, or “codes,” rather than case law and precedents. As a result, Louisiana personal injury law can be quite different from that of other states.
The difference between civil law and common law in Louisiana can impact personal injury lawsuits in several ways:
- Legal terminology: Louisiana’s civil law system uses different legal terms compared to common law states.. For example, “torts” are referred to as “delicts,” and “negligence” is called “fault.”
- Interpretation of statutes: In Louisiana, courts strictly interpret the text of the statutes. This contrasts with common law states, where judges have greater flexibility to interpret statutes based on previous judicial decisions.
- Damages: Louisiana’s civil law system places caps on certain types of damages, such as punitive damages, which are rarely awarded. Non-economic damages, such as pain and suffering, may also be assessed differently compared to common law states.
- Doctrine of comparative fault: this means that the courts will determine the degree of fault for each party involved in the incident. The victim’s compensation will be reduced in proportion to their share of fault, if any. For example, if a victim is found to be 30% responsible for their injuries, their total compensation will be reduced by 30%.
Time Limits for Filing a Personal Injury Lawsuit: The Louisiana Prescription Period
In Louisiana, the time limit for filing a personal injury lawsuit is generally one year from the date of the injury. This time limit, known as the “prescription period,” is shorter than most other states. Missing this deadline can lead to the dismissal of the case, making it vital for victims to file their lawsuit as soon as possible. Exceptions to the prescription period do exist, such as cases involving minors or when the injury is not discovered immediately. However, it is always best to consult with an attorney to determine the specific time limits applicable to a specific case.
Types of Personal Injury Cases Common in Louisiana
Louisiana sees a variety of personal injury cases, ranging from car accidents to medical malpractice. The state’s unique environment and culture has also had an impact on specific types of cases, such as maritime and offshore injuries, due to its extensive coastline and thriving oil and gas industry. Also, premises liability cases involving injuries sustained at Mardi Gras and other local festivals are not uncommon. While these events attract tourists and boost the local economy, they also present unique challenges for personal injury cases. Accidents and injuries can occur due to overcrowding, inadequate security, or poorly maintained public spaces.
The Impact of Louisiana’s Damage Cap on Personal Injury Awards
Louisiana has a cap on non-economic damages in certain personal injury cases, such as medical malpractice. The cap is currently set at $500,000, which means victims may not receive more than this amount for non-economic damages like pain and suffering. It is important to understand how this cap may affect potential compensation when pursuing a personal injury claim in Louisiana, as it can significantly impact the overall recovery in some cases.
Understanding Louisiana’’s “Direct Action” Rule
Louisiana allows injured parties to file a lawsuit directly against the at-fault party’s insurance company, thanks to the “direct action” rule. This rule can streamline the claims process and make it easier for victims to obtain compensation. However, insurance companies often attempt to minimize or deny claims, so it is crucial to understand the ins and outs of Louisiana’s insurance laws and be prepared to negotiate with insurers.
The Importance of Expert Witnesses in Louisiana Personal Injury Trials
Expert witnesses can play a crucial role in personal injury cases in Louisiana, as they provide valuable insights and testimony to support a victim’s claim. These experts may include medical professionals, accident reconstructionists, economists, and others with specialized knowledge relevant to the case. Their input can be invaluable in proving negligence, establishing the extent of the victim’s injuries, and determining the correct amount of compensation. Engaging the right expert witnesses can significantly impact the outcome of a personal injury case in Louisiana.
Seeking Legal Help
When searching for a lawyer, a potential client should consider factors such as the attorney’s experience in handling similar cases, their track record of success, and their knowledge of Louisiana’s unique legal system.
Most personal injury attorneys in Louisiana work on a contingency fee basis, which means the client only pays if their case is successful. This fee is typically a percentage of the total compensation the client is awarded. But there can be additional costs, such as court fees, expert witness fees, and other expenses. Clients should discuss these potential costs with their attorney, so they have a clear understanding of the financial aspects of their case.
If you’ve been injured, our experienced team will navigate the Louisiana legal system and help you claim the compensation you deserve. Contact us or call 504-523-6496 to see how we can help.
