What is a personal injury claim?
A personal injury claim assists an injured person by compensating him or her for the injuries caused by a third party in the state of Louisiana. The personal injury may be suffered either due to a motor accident, slip and fall, medical malpractice, product defect, dog bite, or other wrong doing on part of another individual.
Statute of limitations in Louisiana
Like every other state, Louisiana has a time span under which an injured person can file a claim.
- In Louisiana, the stature of limitations for the injured person is one year from the date of accident.
- The one-year time period commencing from the day of the incident must be strictly followed by the injured person.
If you file a claim anytime after one year from which the incident occurred, you would not be able to win your claim. It will be dismissed in court.
Motor vehicle insurance criteria in Louisiana for filing claims of personal injury
The state of Louisiana is a “fault” state for vehicle insurance. This means that the injured person has an option about whether he wants to receive compensation through an insurance company or claim damages by filing a lawsuit against the party that caused the accident. In the state of Louisiana, it is mandatory for drivers to carry a certain amount of auto insurance that may also provide coverage for personal injuries.
Understanding Comparative Fault in Louisiana
Every state is known to follow its respective laws when it comes to deciding the compensation amount if the injured person is found to be partially at fault for an accident.
Louisiana’s “comparative fault” cuts down the damages to be received by the injured person according to the share of his fault. The comparative fault law always plays a pivotal role in determining the compensation amount after analyzing the amount for which the injured person is proved guilty.
The following example can help explain the point:
Suppose a person is driving a car over the stated speed limit. As he goes through an intersection, a driver coming from the other end runs a red light and they crash, causing the first driver to suffer serious spinal injuries. During the trial, the total damages to be paid to the first driver $10,000. However, the injured person is also found at a fault of 10 percent as he was speeding. Louisiana’s comparative fault rule will decrease the damages by $1,000 from the total amount of $10,000, making the driver's total payment $9,000.
An Actual Personal Injury Incident in Louisiana
According to Marceaux Law Firm, a person’s vehicle was hit from behind by a concrete pump truck in Louisiana. The person suffered a serious head injury that further resulted in loss of memory. Due to the magnitude of the injuries suffered by the victim, he was awarded a compensation of $2,691,528.
Damage Caps in Louisiana
The state of Louisiana is known to limit all damages in case of medical negligence to $500,000. In the scenario where a contributor is found at a fault for medical negligence, he only has to pay a sum of $100,000 if he is covered by the state’s Patient Compensation Fund. However, this cap does not cover the future medical bills and it does not subject to cases that do not consist of medical negligence.
