Louisiana Personal Injury Law Overview

Personal injury law is a vast area of law that deals with injuries and deaths due to someone else's negligence or wrongdoing. Some of the most common personal injury cases Louisiana lawyers see are medical malpractice, defective products, vehicle accidents and premises liability accidents.

The specifics of personal injury law vary from state to state.

Statute of limitations

Time limits that people have to file personal injury claims vary from state to state. Louisiana's statute of limitations is just one year. There may be exceptions to this law in cases involving minors and cases of medical malpractice injuries or deaths.

Negligence

Kentucky follows the doctrine of "pure comparative negligence," which means that even if you were mostly to blame for your injuries, the other party or parties who were also to blame can be held responsible for their portion of fault.

Compensation

Louisiana does not put a time limit on the amount of punitive or non-economic damages that you may receive in your personal injury award. You may be entitled to following in Louisiana:

• Past and future medical expenses, including wages lost while attending medical appointments
• Lost wages and lost earning capacity
• Disability
• Disfigurement
• Emotional distress
• Loss of love and affection (if married)
• Property damage
• Other expenses incurred as a direct result of your injuries

Fault

To prove fault in Louisiana personal injury claims, you must prove negligence. The following four elements must be present in order to prove fault:

• The defendant (person you are suing) owed you a duty
• The defendant failed to uphold that duty
• That failure caused your injuries
• You suffered damages

Liability

Louisiana law follows the doctrine of "several liability," which means that each responsible party is expected to pay his share of the award. If one party cannot pay, you cannot collect his share from the other parties.

If you live in Louisiana and feel you may have a valid personal injury claim against another party, please contact an experienced Louisiana personal injury attorney in your area.