Have you suffered an accident because of someone else’s negligence? If someone else’s reckless, indifferent, or dangerous behavior caused you to become injured, you shouldn’t be burdened with paying your medical bills after the accident they caused. You’re entitled to seek compensation for what you’ve suffered, and the best way to accomplish that is to file a personal injury lawsuit in Louisiana.

Every state has a statute of limitations regarding filing personal injury claims. A statute of limitations is the designated time frame in which you must contact a lawyer and begin the process of seeking financial compensation. Statutes of limitations exist for both civil and criminal causes of action, and begin to run from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts. Many statutes of limitations are actual legislative statutes, while others may come from judicial common law.

In Louisiana, the statute of limitations is one year. This means, you have one year from the date of your accident to seek compensation in the form of damages from the at-fault party. If you fail to file your personal injury claim within the two year statute of limitations in Louisiana, your case will be dismissed and you will not be able to claim the money you rightfully deserve.

What Do I Need To Know About Louisiana Personal Injury Law?

Louisiana personal injury cases can be more complicated than in other states for a handful of reasons. Louisiana is a comparative negligence state. This means, state courts review the responsibility both parties have in the accident. Responsibility and fault are broken up into percentages, and each party’s compensation is reduced in accordance with the percentage of fault they have in the accident.

Let’s say, for example, you were involved in a car accident in Louisiana. Perhaps a driver in an adjacent lane side swiped your car, but you were driving a few inches over the dividing line. The court may deem you 25% at fault, and the other driver 75%. If your case was worth $10,000, you’d receive 25% of the total settlement which, in this case, would be $75,000 in damages.

Is There A Limit On How Much Money I Can Get From A Personal Injury Settlement In Louisiana?

Yes and no. Louisiana state laws dictate that medical malpractice lawsuits specifically should be compensatory in nature. This means, the goal of the lawsuit is to compensate an individual for their injuries and damages, without any additional payments on top. Because of this damage cap, there is in fact a limit on how much money you can get from medical malpractice lawsuits, which are considered personal injury.

Car accidents, motorcycle accidents, dog bites, animal attacks, and other types of personal injury lawsuits do not have the same damages cap, meaning the money you can earn isn’t pre-determined by state law.

Do I Need A Lawyer If I Got Into An Accident In Louisiana?

In general, injury claims require proof of negligence by another party and proof of the damages you are claiming. Combined, it can be difficult to prove both effectively in order to get the most compensation possible for your case. This is where an injury attorney is the most effective.

Personal injury lawyers investigate your claim, collect and analyze any pertinent evidence, and form a strong case that defends your actions during the accident. It’s not required by law that you work with an attorney, but you will benefit greatly from an attorney’s thorough knowledge of state and local law and years of experience proving negligence before a judge. Without the help of an experienced guide, you will be at a disadvantage.

What Kind Of Accidents Can A Lawyer Help Me With?

At the Law Office of Glenn C. McGovern we help Louisiana residents with the following personal injury cases:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Dog bites
  • Hurricane claims
  • Animal attacks
  • Medical malpractice
  • Traumatic Brain injuries
  • Wrongful Death
  • Product Liability

Even if you are unsure if you have the grounds to file a personal injury lawsuit in Louisiana, contact the Law Office of Glenn C. McGovern and schedule a free, no-obligation consultation with our legal team. We’ll review your accident information free of charge and see if filing a personal injury claim is an option for you. Remember, in the state of Louisiana, you have one year from the date of the accident to begin the personal injury claim process.