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Louisiana Personal Injury Laws

Louisiana Personal Injury Laws

In This Section:

Louisiana personal injury laws vary from others state’s laws. Below are the most common personal injury laws in the state of Louisiana. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful Louisiana personal injury claim.

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Louisiana Statute of Limitations
(How long do I have to file claims in Louisiana?)

The Louisiana statute of limitations for filing personal injury claim is 1 year. Louisiana’s medical malpractice statute of limitations is 3 years. Product liability claims in Louisiana must be made within 1 year. These statutes for Louisiana claims are subject to change, contact a Louisiana injury attorney for definitive statutes at the time of your accident or injury.

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Car Accident in Louisiana?

Louisiana = Fault State
Louisiana has adopted a fault-based or "tort liability" system. Compensation is paid by the insurance company of the driver who is determined at fault for the accident. Additionally, if you have been injured in a car accident which was the result of another driver’s actions you may have the right to file a car accident case for uncompensated economic damages such as lost wages and medical expenses and for non-economic damages including pain and suffering.

Louisiana is a Pure Comparative State

Louisiana uses the pure comparative fault rule to assess damages. Under this compensation rule an individual can receive compensation even if they are 99% at fault for the accident but their damages are reduced by their degree of fault.

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Are there Damage Caps in Louisiana Injury Law?

(How much money can I get for my injuries?) Under La. Rev. Stat. Ann. §40:1299.42. The total damages in medical liability cases have been limited to $500,000, excluding future medical care. The court decided the statute setting a $500,000 limit on general damages in medical liability cases did not violate the equal protection provisions of the State or Federal Constitutions. Butler v. Flint Goodrich Hospital of Dillard University, 607 So. 2d 517 (La. 1989).

Workers compensation Temporary Total Disability benefits (often called "TTD") equals to two-thirds of the average weekly wages a worker was earning at the time of their accident. Speak to an attorney for more information on thresholds.

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