Personal injury claims are one of the most important legal cases a person can file. They can help you get money for your losses and seek justice against the responsible party. However, there are a few laws in Louisiana that have a significant impact on your case.
To have a winning personal injury case in Louisiana, you must prove that you were hurt and that the defendant is liable for your injuries. You should also have a lawyer represent your case. Finally, make sure you file all documents within the statute of limitations.
You Have To Prove You Were Injured To Win a Personal Injury Claim
There is a lot of talk and misinformation about personal injury cases in Louisiana. One of the biggest myths is that you must be completely disabled to get money for your losses. This is not true.
You can get money for your losses if you are hurt, even if it is not a severe injury. That is why it is essential to hire an experienced personal injury lawyer when you have been injured so that they can help prove that you have sustained injuries.
To file a winning case it is essential to collect convincing evidence. Make sure to keep any medical documents and bills related to your injury after the accident. This serves as solid proof for your injury claim.
Louisiana’s Comparative Fault Laws
Negligence laws vary greatly depending on the state. Louisiana uses comparative fault laws, meaning that each person involved in the accident will be attributed a percentage of fault. The person who was injured may receive an award corresponding to the percentages of attributable negligence established.
Hire a Legal Expert
The law allows you to hire a lawyer in a personal injury case. If you do not have an attorney, it will be on you to prove that you were injured, and this is not an easy task to fulfill. What is more, if the case goes to trial, the jury might accuse you (even if unjustly) of a bias, arguing that you as the victim cannot adopt a truly objective stance.
Make sure you contact a local Baton Rouge personal injury attorney from a reputable company today. A legal expert will ensure you get compensation for any injuries caused to you and that your rights are protected.
You Have To Prove You Were Wrongfully Treated by the Defendant
If you are injured in a car crash or any other type of accident, you will have to prove that your injuries were a result of someone else’s wrongful conduct. You must also prove that this conduct was the sole cause of your injuries.
In other words, if you fell off your bike and hurt yourself, you must prove that it was the bike’s fault and not yours. For example, a defect in the model led to the accident, in which case the manufacturer may be at fault.
The Statute of Limitations for a Louisiana Personal Injury Case
Each state has set a deadline for filing a personal injury case. The clock usually starts ticking from the date of the accident. However, in certain cases, the date of discovery can be considered the starting point. This applies when the victim was unaware of injuries due to circumstance. Medical malpractice cases often use the discovery date.
According to Louisiana Civil Code section 3492, victims have one year to file a personal injury claim against the at-fault party, which is not a lot of time. The sooner you act, the better. If you fail to file the paperwork within the given time frame, your case will be dismissed.
Contact the Professionals
If you have been injured in an accident, it is essential to contact a personal injury attorney as soon as possible. A lawyer will help you navigate the legal system and offer advice on proceeding with your case.
Author: With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
