As if making the decision to pursue your personal injury claim wasn’t difficult enough, there are many Louisiana laws that can impact whether your case will be successful.
Fortunately, when you work with an experienced personal injury attorney in Louisiana, you will have a highly trained professional by your side who will be well-versed in these laws and will therefore be prepared to fight for the compensation you deserve. Below, we discuss the statute of limitations and negligence laws and how they can influence the outcome of your case.
Your Claim Could Be Over Before It Starts
It’s possible that your accident claim will be finished before it even has a chance to be successful if you fail to file your claim before the state’s statute of limitations expires.
The clock will start running from the date that you were involved in an accident, or from the date that you are diagnosed with an injury relating to the accident. It will continue to run for one year, at which point the statute of limitations will have ended in Louisiana.
If your claim isn’t filed before this deadline, then your case will be barred from the Louisiana court system, and you will no longer have the chance to secure the compensation you need to pick up the pieces of your life.
Thankfully, your attorney will have a complete understanding of how the statute of limitations works in personal injury claims and when it will expire in your case, so you can rest assured that your claim should be filed before time runs out, assuming you reach out to your attorney in good time.
Being Partially Liable for Causing the Accident
In addition to the statute of limitations, the state’s negligence laws could have an impact on the success of your claim. Louisiana follows pure comparative negligence law. This means that individuals who are partially at fault for the cause of the accident they were involved in are still able to pursue compensation from the other involved party.
However, the amount that the injury victim will be awarded will be reduced based on the percentage of blame they carry. An example could be if the injury victim was 20 percent to blame for the cause of the accident and was awarded a sum of $500,000. This award will then reflect a 20 percent deduction of $100,000, and their final award would be just $400,000.
As you can see, the comparative negligence statute can dramatically impact the amount you will be awarded for your injury claim, and you can be sure that your attorney will work to ensure that only an appropriate amount of fault is placed on you when you go to court.
Get Help from a Louisiana Personal Injury Lawyer
The laws surrounding civil lawsuits are complex, but when you have a regarded Louisiana personal injury lawyer at the Law Office of Braud & Gallagher by your side, you can focus on recovering rather than on the rules of litigation.
Look over our personal injury FAQs for additional details about the personal injury claim process, then take advantage of your complimentary claim review today when you give our office a call at 1-800-256-5674 or fill out the brief contact form we have included at the bottom of this page.