If you’ve been injured in Louisiana due to someone else’s
negligence, you may be interested in filing a personal injury claim. Personal
Injury law in Louisiana can differ from other states in some cases. Brian
Caubarreaux & Associates has compiled some information about Louisiana
personal injury law that we believe is important for you to know before considering
a personal injury lawsuit. Many people are looking for attorneys in
Alexandria LA .
Negligence Law
Negligence laws in Louisiana are in place to protect you if
you suffer injury due to another person’s carelessness. They hold the
responsible party accountable for failing to take the proper care that someone
would generally exercise in that situation. In order for a negligence claim in
a personal injury lawsuit to be successful, there are elements you must prove
in court:
1.
Duty of Care – reasonable care the responsible
party should have exercised in that situation, such as not stopping at a red
light
2.
Breach of Duty – responsible party failed to
meet the duty of care owed in the situation
3.
Proximate Cause – responsible party’s breach of
duty caused your injury and your injury would not have occurred if the duty of
care was fulfilled
4.
Damages – you must prove you have suffered
damage from your injury, whether it be physical, emotional, monetary or all of
the above
Comparative Fault/Comparative Negligence Law
Comparative fault/comparative negligence laws in Louisiana
may come into play in your personal injury lawsuit. Comparative fault laws are
practiced in Louisiana if the victim of an accident is partially or fully
responsible for the accident. This means that your own negligence or
carelessness in the situation resulted in your injuries.
Louisiana Civil Code Article 2323 explains how comparative
fault laws are practiced in Louisiana. It defines how the judge and jurors
should approach a case in court when the victim is at fault for the accident in
some way. The victim of the crash may seek compensation, regardless of whether
or not they are at fault. However, the amount of compensation the victim
receives will reduce according to their percentage of liability. For example,
if you were awarded $80,000 in damages but the jury found you 40 percent liable
for the accident, you would only receive $48,000 in compensation.
Dog Bite Law
Louisiana follows certain laws when it comes to personal
injury from dog bites. The “one-bite rule” is one of these laws you may have
heard about. Like other negligence laws in our state, in a one-bite rule case, the
injured party must prove negligence on part of the dog owner. The following
things must be proven for the victim to receive damages:
1.
The dog owner had reason to know or believe that
their dog would attack someone.
2.
If the dog owner had practiced reasonable care,
the damage would have been prevented.
3.
The dog owner failed to practice reasonable care.
4.
The person who was injured by the dog did not
provoke it into attacking. If this is proven, the owner may not be liable for
the injury.
Comparative fault/comparative negligence law can also be
applied to dog bite cases in Louisiana. The injured party may have been
partially or fully responsible for their injury, depending on how they acted in
the situation. In that case, damages would be reduced based on the percentage
of liability. For example, if the dog lived in a fenced-in backyard with a
“BEWARE OF DOG” sign and you entered the backyard regardless of the warnings
provided, you may be found partially responsible for your injury, which would
reduce the amount of damages awarded to you.
Statute of Limitation
A statute of limitation is the amount of time allowed for
filing a lawsuit or civil action after an injury or accident has taken place.
Louisiana is unique because nearly all civil actions in the state have a
one-year statute of limitation, while other states often have a two to
five-year statute of limitation. So, when it comes to any type of personal
injury in Louisiana, the injured party only has a one-year period to file for a
claim after the injury has occurred.
If you’re looking for legal advice after experiencing a
personal injury in Louisiana, make sure to contact Brian Caubarreaux &
Associates. We have offices in Marksville and Alexandria and are ready to help
you today!
So, if you are looking for lawyers in
Alexandria LA then you are at right place.
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