Personal Injury Law in Louisiana
Under Louisiana law, in the case of personal injury, someone must prove that they were wronged by another due to the other person’s recklessness.
Louisiana uses the pure comparative negligence law which grants compensation to any person who is partially responsible for an incident. For example even if someone is 99 percent responsible for an incident they are still allowed to collect 1 percent of the total compensation they would’ve received. When multiple parties are responsible for your losses they all are responsible for sharing the compensation due based on their individual percentage of responsibility.
Strict liability law is in effect in cases of a consumer product personal injury in Louisiana. In order to be successful in a personal injury lawsuit in these kinds of cases in Louisiana, there must be proof that the product was flawed, directly resulting in the harm of the consumer. To have a successful result in a personal injury lawsuit over a flawed consumer product, the plaintiff must also prove that they were correctly using the product.
If the suing party is successful, they are entitled to a number of things, these include: all medical bills, all wages lost, any monetary or non-monetary loss directly relating to the incident, personal injuries, and personal property damage. Louisiana limits the amount of compensation the suing party can receive in medical malpractice cases to $500,000. This limitation covers lost wages and non-monetary losses, but there is no cap on medical expenses.
In the case of medical malpractice, consulting a medical expert is the best way to go. A medical expert in the field of the incident can help you figure out exactly what went wrong and how to handle the situation.
The statute of limitations in Louisiana for personal injury cases is one year, meaning that if there is no lawsuit filed within the first year after the incident then there cannot be a lawsuit. Consult a qualified Louisiana Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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