Personal Injury Law in Louisiana
Were you hurt due to another’s negligence in Louisiana? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Louisiana can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Louisiana relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding too litigation.
Examples of Personal Injury Claims in Louisiana
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Louisiana
According to the Louisiana Department of Health, 50 in every 100,000 citizens suffered work related injuries in 2018. The most likely workforce to wind up in Louisiana emergency rooms at 38%, were nurses. In addition, the most common reason for an ER visit related to an injury was from the result of an auto accident.
Steps in a Personal Injury Lawsuit in Louisiana
Once you determine that you wish to proceed forward with a personal injury action in Louisiana
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance. In Louisiana after consulting with your attorney and filing a lawsuit, the next step is the discovery process or gathering of evidence. Then comes the deposition or question process, before either a settlement can be reached, or the matter is taken to trial. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount. The Lawsuit Information Blog, has found that the average personal injury settlement in Louisiana is $95,000. The national average is anywhere from $3,000-$75,000, but Louisiana has some of the worst healthcare in the nation, which potentially leads to more problems, and higher settlements. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in LA, that means you risk not receiving any compensation at all. If your Louisiana personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. There are no caps to the damages you can recover. If you are seriously injured in Louisiana, you can seek the damages you believe you are owed without limitations. The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized. In Louisiana the statute of limitations for personal injury cases is one year from the date of the injury. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in Louisiana against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Louisiana state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Has reading this article raised questions about a different sector of Louisiana law? Then explore more of the content on our site!Louisiana Personal Injury Settlement
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