If you were involved in an accident where you sustained injuries that required a hospital visit, you can file a lawsuit. You may be eligible to participate in a personal injury lawsuit and seek compensation for medical bills, among other things.
If things go smoothly, you may even be able to resolve the dispute through a settlement agreement without a lawsuit. This article explains Louisiana personal injury law, who can file a personal injury lawsuit, and what you can get compensated for.
Overview of Louisiana Personal Injury Law
Personal injury law covers legal disputes arising when an individual suffers harm from an accident and seeks compensation from the at-fault party. Many personal injury cases do not go through civil court proceedings; they are rather resolved through settlement negotiations. Meanwhile, a great percentage of personal injury cases in Louisiana are based on negligence – the failure to act reasonably under the circumstances.
Based on the acceptance that some accidents are unavoidable, a plaintiff needs to establish liability if they will win their lawsuit. They can do this by proving that a reasonably careful person would have acted differently if in the same position as the defendant.
Examples of Negligence
To win a personal injury case, the plaintiff must prove negligence on the defendant’s part. This negligence can be in different forms, such as:
- Distracted driving
- Unsafe crosswalks thereby causing a pedestrian to be hit by a vehicle
- Dog bites caused by a dangerous dog whose owner failed to restrain
- Store owners that fail to fix their damaged floors or stairs, causing someone to slip and fall
- A doctor who failed to live up to their standard of care, causing further medical complications
Personal Injury Cases: Types
Personal injury cases are of many types under several categories, including accidents, slips and falls, and medical negligence, among others. The most common types of personal injury cases in Louisiana include:
Accidents
- Bus accidents, car accidents, motorcycle accidents, truck accidents, pedestrian accidents, bicycle accidents, commercial vehicle accidents, Uber accidents, among many more
Slips and Falls
- Cluttered floors, insufficient lighting, wet and slippery floors, ditches and potholes, damaged sidewalks, icy walkways, and damaged stairs or floors
Medical Malpractice
- Anesthesia errors, surgical error, childbirth injury, hospital negligence, delayed diagnosis, misdiagnosis, unnecessary surgery, and botched procedure
Others
- Dog bites, construction accidents, workplace accidents, battery explosions, food poisoning, catastrophic injury, premises liability, swimming pool accident, and wrongful death
Filing a Compensation Claim: How Much Should You Expect?
A qualified and experienced personal injury attorney can help evaluate your claim to determine how much it is worth. However, generally, you can claim two types of damages on a personal injury case in Louisiana: compensatory and punitive damages.
“Compensatory damages are more commonly awarded than punitive damages; they are given to compensate the victim for their loss,” says attorney Frank Tomeny III. Conversely, the defendant may also pay punitive damages, which aims to punish the defendant and deter similar future actions. Generally, the types of compensatory damages you can get awarded for in a personal injury case in Louisiana include:
- Medical bills and related expenditures
- Pain and suffering
- Lost wages from missed work time or others
- Loss of enjoyment of life
- Permanent disfigurement
- Emotional distress
- Property damage
- Wrongful death
Conclusion
If you sustained injuries from an accident that happened due to another party’s negligence, Louisiana law lets you sue for compensation. You may be able to recover damages such as those listed in this article, provided you can prove the defendant’s negligence.
