By the Law Firm of Brandt & Sherman

Louisiana’s rich cultural heritage, encompassing music, food, and the spirit of its people, also has its own set of distinct laws and regulations. Among these laws, personal injury law in Louisiana is a vital aspect to understand, especially if you or a loved one is involved in an accident. With this article, the law firm of Brandt & Sherman seeks to demystify personal injury law in Louisiana for the benefit of new clients and the general public.

Definition of Personal Injury Law:

At its core, personal injury law revolves around the legal rights of an individual who has been physically or psychologically injured due to the negligent or willful actions of another party. It offers victims a legal pathway to seek compensation for the damages they’ve suffered. The primary objective of this law is to ensure that victims can achieve a sense of justice and financial stability after the unfortunate incident.

Scope of Personal Injury Law in Louisiana:

The scope of personal injury law in Louisiana is extensive. Louisiana, unlike many states, follows the Civil Code derived from the Napoleonic Code. This means that, rather than relying strictly on judicial decisions to determine the direction of the law, Louisiana looks to codified statutes. This distinction can create nuanced differences in how personal injury cases are handled compared to other states.

Types of Personal Injury Cases:

The vastness of the personal injury landscape is evident in the variety of cases that come under its purview. Here are some of the common types of personal injury cases in Louisiana:

1. Motor Vehicle Accidents: This encompasses accidents involving cars, motorcycles, trucks, and other motor vehicles. With Louisiana's intricate road systems and vibrant city life, such incidents are unfortunately common. Victims can claim compensation for medical bills, lost wages, pain and suffering, and more.
2. Medical Malpractice: When healthcare professionals deviate from the accepted standards of care and cause harm to the patient, it falls under medical malpractice. This can be due to misdiagnosis, surgical errors, or even medication mistakes.
3. Slips, Trips, and Falls:

• Property owners have a duty to maintain a safe environment. If someone slips, trips, or falls due to an unsafe condition on someone else's property, they may have a case.

• Product Liability: Manufacturers have an obligation to ensure their products are safe for use. If a product is defective and causes injury, the victim may be entitled to compensation.

• Workplace Accidents: Workplace environments should be safe for employees. Accidents resulting from inadequate safety measures, machinery malfunctions, or other occupational hazards can lead to a personal injury claim.

• Wrongful Death: In the tragic event that negligence leads to the loss of life, the deceased’s family can file a wrongful death claim to seek compensation for the irreplaceable loss, emotional suffering, and financial burdens.

Key Principles:

In Louisiana, a few key principles guide personal injury law:

• Comparative Fault: Louisiana operates under a “pure comparative fault” system. This means that even if the victim was partially at fault, they could still recover damages. However, the compensation will be reduced by their percentage of fault.

• Statute of Limitations: Victims have a limited timeframe to file a claim. Typically, in Louisiana, the statute of limitations for personal injury cases is one year from the date of the injury. It's crucial to act quickly.

• Damage Caps: Certain cases, particularly medical malpractice, have caps on the amount of damages that can be awarded.

Understanding personal injury law in Louisiana is paramount to ensuring that victims receive the justice and compensation they deserve. While the laws may seem complex, expert guidance from experienced law firms like Brandt & Sherman can simplify the process and provide invaluable support. Remember, if you or a loved one has suffered due to someone else’s negligence in Louisiana, knowledge is power. Equip yourself with the right information and seek out the guidance of professionals dedicated to your cause.

At Brandt & Sherman Injury Lawyers, we are committed to being the best possible legal representation for you. With over 60 years of combined experience, we’ll help you get the help you need and deserve. Contact us today, and see how we become your lawyer, your voice.