by Allan Gregory
Being injured in a Louisiana accident can throw your life out of balance. You don’t even know where to start to get things back in order. You may have heard about filing a lawsuit for an injury caused by someone else’s negligence, but it’s not easy to figure out what step to take first.
One of the first steps you will probably want to start with is calling a personal injury lawyer in Baton Rouge. They can help you to understand whether you can file a claim and how much your case might be worth. They can also help you understand the personal injury laws in Louisiana that might affect your case.
It might be helpful for you to develop a basic understanding of some of the injury laws in Louisiana before contacting a lawyer.
Louisiana Personal Injury Laws
Here are some of the big personal injury laws that you should know before setting out to file a personal injury case.
Statute of Limitations
We can’t talk about injury laws without talking about how long you have to file a claim. This should be one of the first things you check, because it will affect whether you can file a claim at all. The time frame for filing a claim is known as the statute of limitations. In Louisiana, you have only one year to file your claim or you will lose the chance to file a claim at all.
The time frame begins on the date of your accident. Make sure that the time limit isn’t up on your case.
The law of negligence is a foundational law that allows you to hold someone accountable when they’ve caused you harm. The law puts forth the legal right to file an injury claim against someone whose careless or wrongful actions have brought you harm and damages. You will need to prove negligence in order to win a personal injury claim.
Types of Injury Accidents
There are a number of different ways a person can be injured in an accident. It’s important that you figure out what type of accident claim you have because of all the different injury laws that could affect your claim. If you have a vehicle collision, you have a car accident claim. If you were hurt by a medical professional, you may have a medical malpractice claim.
Vehicle collisions are common accidents that occur in Louisiana and elsewhere. These accidents are regulated by many different types of car accident laws.
One important law that will affect your claim is Louisiana’s fault law. This law holds drivers legally responsible if they cause an accident. The driver who was “at fault” for the accident is the one who has to pay for damages. Oftentimes their insurance coverage will provide payment for the injury victims.
Dog Bite Law
One type of injury law that you might need information about is the dog bite law in Louisiana. You should know that a dog owner in Louisiana is liable for any dog bite their dog inflicts, if the owner taking reasonable care could have prevented the harm.
The only time a dog owner would not be liable for a dog bite is if a person was unlawfully on the dog owner’s property or if the injured person was provoking the dog.
Comparative Fault Law
Louisiana has a law known as comparative fault. This law outlines the procedure of comparing the actions of different parties involved in an accident and assigning a degree of fault to each of them. The injured party can pursue the parties whose fault is greater than theirs through a personal injury claim.
The injured party can go after more than one person who is considered somewhat responsible for the accident. The injured party cannot file a claim against others if they were the person found mostly responsible for the accident. This is the comparative fault law.
Medical Malpractice Law
Did you know that doctors don’t have full immunity under the law? If they are negligent and cause you injury and damages, you might be able to sue them under Louisiana’s medical malpractice law. They can be held legally responsible for harm they’ve caused.
About the Author
Allan Gregory is an author, designer, engineer, artist, playwright, and comedy writer. His work across multiple disciplines broadly addresses the narratives of human experience. As a playwright, Allan has had his pieces performed at multiple playhouses. As an artist and illustrator, he has had his art exhibited at multiple galleries. His work has appeared on a number of online and offline outlets.