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Louisiana Personal Injury LawThe following summary of Louisiana personal injury laws and case explanations will help you understand important aspects of injury claims in this state.Louisiana Statute of Limitations:Personal Injury cases: general personal injury is 1 year.Medical Malpractice claims: 3 years. Products Liability cases: 1 year. Caps on Personal Injury Awards in Louisiana:As a result of much litigation and discussion, the issue of injury caps have addressed the question of constitutionality of such limits. Thus far, Louisiana has no caps on personal injury awards.Louisiana Serious Injury Threshold:There is no serious injury threshold in Louisiana.Louisiana is a Fault state and follows the pure comparative negligence theory. Personal Injury Claims & Theories of Liability in Louisiana:Wrongful Death Case: When a victim is killed as a result of the negligence of another party, the negligent party may be liable for wrongful death of the victim. The following are recognized by statute in Louisiana: Medical mistakes, Car or airplane accidents, Criminal attacks, Work-related exposure to dangerous conditions or substances, and Death during a supervised activity.Slip and Fall Accidents: When a property owner is negligent and a personal injury occurs in which an individual slips, trips or falls and is injured on the property, the property owner may be liable for the injury. Auto Accident Claims: These injuries occur when a negligent driver causes an accident due to his/her not following the rules of the road. Since Louisiana follows pure comparative negligence, a party can be up to 99% at fault. Medical Malpractice Cases: When a doctor, other health care professional or hospital is negligent in its administration of care, the provider can be held liable for any physical injuries that the patient suffers. Product Liability Lawsuit: If a product fails to perform in the way in which it was designed and the result is serious injury or death, the manufacturer or distributor can be held strictly liable under this theory. Workers' Compensation Law: Louisiana is a compulsory state therefore employers are required to carry workers compensation insurance. In the event that an employee is injured while working, the employer will be responsible for compensating the injured party for his injury. For More Information Check out these sites: Louisiana State Government Website Louisiana State Department of Insurance Return from Louisiana Personal Injury Law to all Personal Injury Laws Return from Louisiana Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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