A personal injury can wreak financial havoc on a family. Depending on the severity of your injury you may be unable to work for weeks or even months. Lost wages combined with injury-related medical bills can cause the situation to be financially devastating. Fortunately there are ways in which you can protect your rights and receive compensation for the injury you have suffered. Below is information regarding Louisiana’s personal injury laws and how they can protect your right to financial compensation.
A “Fault” State
Louisiana is a “fault” personal injury state. This means that the degree of one’s fault is taken into consideration when compensation is awarded in a personal injury case. Because of this it is in your best interest to carefully document your case and retain as much proof as possible that the injury was not your fault (or your fault was minimal).
While many states have a threshold in terms of losses before a personal injury claim can be filed, Louisiana is not one of those states. You do not have to meet a minimum amount of damages before a lawsuit can be filed. In addition, there is no cap on the amount of compensation you can receive due to a personal injury.
Types of Personal Injury Cases
Any injury that results in emotional, mental or physical harm as the result of someone else’s actions or negligence is a potential personal injury claim. Common personal injury claims include automobile accidents, worker’s compensation accidents, wrongful death claims, slip and fall accidents, food poisoning, dangerous premises injuries and dog bites. These are not the only types of personal injury claims, however. If you have suffered an injury due to the actions or negligence of another party, it is best to contact a Louisiana personal injury attorney to discuss whether or not the case warrants a personal injury lawsuit.
Statute of Limitations
There are limitations in regards to the amount of time you have to file a personal injury claim. In the State of Louisiana, you only have one year from the date of your injury to file a lawsuit against the responsible party. The exception to this rule is medical malpractice claims. In the case of a medical malpractice claim, you have up to three years to file suit.
Working with a Louisiana Personal Injury Attorney
Because Louisiana is an at-fault state you will have to work hard to prove the insurance companies and the court that you were the least at fault in regards to your accident. The lower your degree of fault is found to be, the higher your settlement is likely to be. The best way to minimize your degree of fault is to retain the services of a Louisiana personal injury attorney.
Your attorney will work to ensure that your case is handled properly and your rights are protected, giving you the best chance at the highest settlement possible.
Click here if you would like to receive a free consultation regarding your personal injury case in Louisiana and to see if you may be eligible to receive compensation for any losses and/or pain and suffering that you have endured.