2 things to know about Louisiana personal injury claims

On Behalf of | Mar 8, 2022 | personal injury |

Louisiana offers the best of both worlds: beautiful cities and amazing beaches. However, both come with their share of accidents and personal injury incidents.

If you are hurt due to someone else’s negligent or unlawful actions, you may pursue the responsible party for compensation for your injury and other damages. However, before filing your injury claim in Louisiana, there are a couple of things you need to know. Here are some of them:

Louisiana is a pure comparative negligence state

Louisiana is one of the few states that apply pure comparative negligence law while resolving personal injury cases. This statute implies that each defendant is only liable to the extent to which they contributed to the accident that resulted in personal injury and property damage. The plaintiff can also recover damages in a pure comparative negligence system even if they contributed to the accident somehow. However, the award is determined by the extent of their fault. For instance, if it is established that the plaintiff was 90% at fault, they will be eligible for 10% of the assessed damages from the defendant.

Louisiana statute of limitations for personal injury claims

Louisiana has a time limit within which you can pursue personal injury damages against the responsible party. If you are hurt due to someone else’s negligent or unlawful actions, you have up to 12 months to file a personal injury claim against the defendant. It is extremely important that you observe this timeline. Failure to file your claim within the statute of limitations period can result in your lawsuit being dismissed regardless of the credibility of your case.

An auto accident, a dog bite or a slip-and-fall accident can leave you with serious injuries. Find out how you can file a successful personal injury lawsuit in the Pelican State.