What To Know About Louisiana’s Personal Injury Laws

Personal injury law is the process of obtaining compensation for any physical or psychological harm a person may have suffered from any wrongdoing or negligent party. Whether or not you believe that personal injury law applies to your life, it is important to recognize how negligence, Louisiana's modified comparative fault system, and common challenges function in recovering compensation. 

Understanding Negligence

Understanding negligence within the context of your personal injury case provides the base for disputing how much compensation you are eligible for. Negligence is the failure to exercise reasonable care. The four key elements that must be proven to file a negligence claim are:

• Duty of Care 
• Breach of Duty
• Causation 
• Resulting Damages

The start of any successful personal injury case is proving a solid case of negligence using these elements. 

Modified Comparative Fault System

Louisiana’s newly modified Civil Code Article 2323 outlines a 51% negligence rule. What this means for anyone suffering injury, death, or loss is:

• If the percentage of negligence attributable to the person involved is equal to or greater than 51%, then that person shall not be entitled to recover damages.
• If the percentage of negligence attributable to the person involved is less than 51%, then the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person.

Challenges of Navigating Personal Injury

Attempting to navigate personal injury law without the backing of experienced and trusted lawyers to guide you will drastically impact whether you receive fair compensation. Recovering fair compensation means protecting your rights. Four easy ways to protect yourself and receive the compensation you deserve are:

• Meeting Filing Deadlines: Louisiana has a statute limiting any compensation from being received on most cases that are filed more than two years after the date of an accident.
• Preserving Evidence: Preserving crucial evidence, like witness reports and documents, better equips your lawyers in identifying negligence.
• Hiring An Attorney: An attorney focuses on you to maximize compensation. Most insurance companies will work hard to minimize their payout. An experienced legal team, like our attorneys at Oriol Law Firm, work harder to prevent companies from devaluing your claim. 

Personal Injury With Oriol

From vehicular accidents and workplace incidents to medical malpractice and wrongful death claims, Oriol Law handles each individual personal injury case with the goal of providing our clients with fair and comprehensive compensation for the harms they’ve experienced.

If you are looking for someone to represent you in a personal injury case in the St. Tammany or Washington Parish area, reach out to us at Oriol Law Firm today.