
Let's say you've been injured in car accident or because you slipped and fell at your workplace. Maybe your injury was caused by a dog bite, or maybe a product you purchased turned out to be defective. People are also injured because other people attacked them; psychological injuries as well as a loss of income can result if someone defames your character. If any of these things have happened to you, then you might have a personal injury case in the state of Louisiana.
However, it's not always easy to navigate the legal system, and it's possible that you're going to have a number of questions. Here are some FAQs regarding personal injury in Louisiana:
What Is a Statute of Limitations?
When you have been injured, intentionally or through negligence, you have at least one year to file a case against the person or the company who is responsible. This is referred to as the statute of limitations. If more than one year has passed since your injury, you may not be able to file your case. Keep in mind that if your injury is a result of criminal assault, however, you get two years.
If, however, you don't discover your injury for some time after the event that injures you, you still have a year from the time that you discover your injury to file a case. For example, if you were misdiagnosed by a doctor, but you don't realize this for a year after the misdiagnosis, you still have a year from the time you discover it to file the case.
What Is Comparative Negligence?
Louisiana has a comparative negligence rules. What this means is that even if you were partly responsible for the injury, you may still be able to collect damages. There are often cases where both parties are at fault, to some extent or the other. In such cases, a jury will decide how much of the injury was your fault and how much was the other person's fault. If the jury decides that you were only 20% to blame, then you will still collect 80% of your damages.
Are There Caps on Personal Injury Damages?
If you win your case, you'll receive compensatory damages to compensate you for your injury. These damages can take the form of economic damages, which compensate you for all the expenses you had as a result of the injury or money you may have lost because you were unable to work. Noneconomic damages compensate you for the psychological effects of your injury or for the pain and suffering which the injury caused.
In Louisiana, medical malpractice cases are capped at $500,000 and damages against the government are also capped at $500,000.
If you have more questions regarding your personal injury case, the lawyers at Schwartz Law Firm will be able to answer them. They'll also work with you to make sure that you get the compensation, economic or noneconomic, that you deserve.
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