Dedicated Personal Injury Attorneys Protecting Your Rights

Louisiana personal injury lawsuit considerations

On Behalf of | May 29, 2023 | Motor Vehicle Accidents

A car accident can turn your life upside down. If someone else’s reckless or negligent actions are to blame for harm you have suffered as a result of a recent accident, you deserve justice.

When you have a car accident lawsuit to settle, it is in your best interest that you understand how the law works. This will help to ensure that you not only protect your rights but also receive the compensation you are entitled to. For that reason, here are three crucial considerations you’ll need to acquaint yourself with when litigating a Louisiana personal injury claim.

Louisiana negligence laws

Most car accidents are rarely one party’s fault. And this explains why each state has come up with a formula for managing multi-party fault when an accident happens. In Louisiana, the statute that addresses fault is known as its comparative negligence statute. Per this statute, recoverable damages are reduced based on the plaintiff’s contribution to the accident. If, for example, following the crash, a jury determines that you were 10 percent responsible for the crash, your damages will be reduced by the same percentage.

Louisiana statute of limitations

A car accident may leave you with catastrophic injuries. However, you cannot file a lawsuit at your convenience, no matter how injured you are. If you plan to file a claim against the defendant, you must act within the statute of limitations period. And in Louisiana, you have up to one year from the date of your injury to sue the liable party.

Wrongful death laws

It is not uncommon for a car accident to result in a fatality. When this happens, you may be able to file a wrongful death claim on behalf of the decedent. However, per Louisiana wrongful death laws, only the decedent’s spouse, children, parent and siblings can sue.

Safeguarding your rights

If you or a loved one has been involved in an accident that is not your fault, you deserve justice. Seeking legal guidance and learning more about Louisiana personal injury laws can help you file a potentially successful lawsuit and claim the damages you are entitled to following the crash.