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3 important rules that apply to Louisiana personal injury suits

by | Aug 27, 2023 | Uncategorized

Some people claim that individuals sue over just about anything in modern culture. These people may have heard some exaggerated or fabricated story that makes them think of personal injury litigation as inherently frivolous.

Oftentimes, people that reach such conclusions do not have accurate information. In Louisiana, as in other states, there are very clear rules that apply to personal injury lawsuits. Those who believe they deserve compensation because another party has caused them harm can only take legal action successfully in very specific situations and must do so carefully to ensure that they comply with the law. For example, the three standards below can have a profound impact on personal injury claims pursued in the Louisiana civil courts.

The plaintiff must have provable losses

For someone to have a viable personal injury claim, there needs to be documentation affirming the allegation that they have suffered a loss. Specifically, they will usually need evidence of the financial losses generated by the situation. Losses that people can claim in a personal injury lawsuit include lost wages and future earning potential, medical expenses and sometimes property damage losses as well. Evidence of sizable financial consequences can make a big difference for those hoping to pursue a lawsuit.

The defendant must have done something actionable

The rules about personal injury claims do not just require verifiable financial losses. The plaintiff needs evidence supporting their claim that the defendant is to blame. Typically, civil litigation is only an option if someone broke the law, violated a contractual agreement or did something obviously negligent.

The plaintiff must file a lawsuit quickly

Louisiana has one of the most restrictive statutes of limitations for personal injury lawsuits in the United States. Those hurt by another party can take legal action, but they must do so very quickly or risk losing the right to ask the courts to review the case. A personal injury lawsuit is subject to a one-year statute of limitations. In other words, if someone waits more than 12 months after they get hurt to file the lawsuit, then they will typically lose the right to seek compensation in civil court.

It is only by carefully adhering to the rules for personal injury lawsuits that those harmed by others can seek financial justice successfully. Learning more about Louisiana’s unique personal injury rules may benefit those what are worried about the financial consequences of a recent injury caused by another’s actions or inactions.