Have you been hurt in a car accident in Louisiana and weren’t sure about your rights or how the law can protect you? Car accident lawsuits in Louisiana follow specific legal rules that can affect your ability to get compensation. From fault laws to filing deadlines, understanding these rules is important if you plan to seek compensation.
In this article, we’ll break down a few key Louisiana car accident laws, who can file a claim, and what kind of compensation you may deserve. You’ll also learn what steps to take after a crash and when it’s time to talk to a New Orleans personal injury lawyer.
From auto insurance to determining fault, the law plays a role in all aspect of seeking compensation after an accident. A few key concepts you should keep in mind are explained below:
The first big question for many car accident victims is whether Louisnana is a no-fault insurance state. No-fault, also called Personal Injury Protection, means the state disregards who was at-fault for the accident. Instead, all parties file claims for insurance coverage with their own insurance providers. What’s important to note is that Louisiana is not a no-fault state. Instead, if you’re involved in an accident, the at-fault party will be responsible for the damages, with some complications explained in the next section.
If you get hurt in a car crash in Louisiana, more than one person can be held responsible. This is thanks to a legal rule called comparative negligence. Comparative negligence means that if you were partly at fault for the crash, you can still receive compensation, but the amount will be reduced based on your share of the blame. For example, if your losses total $100,000 and you were 10% at fault, you’ll only get $90,000.
This rule is a key part of Louisiana’s car accident laws and is used by insurance companies, car accident lawyers, and courts, and it can make cases more complex. That’s why car accident victims should speak to a personal injury attorney. Knowing how fault is decided can help auto accident victims recover compensation for their losses.
If you were in a car accident that was partly someone else’s fault, you may be able to claim compensation to help cover your medical expenses, lost wages, or property damage. An experienced car accident lawyer or personal injury attorney, like those at Cardone Law Firm, can help you with your case.
To get this compensation, you must show that the other driver was legally responsible. Here’s an overview of the conditions your lawyer needs to prove:
In Louisiana, car accident victims have a time limit to take legal action, known as the statute of limitations. Under Louisiana law, you have two years to file a case after a traffic accident. If you wait too long, you may lose your chance to seek compensation.
Some car accident cases have different rules. Car accidents involving wrongful death have a one-year deadline to file. On the other hand, if the injured person is a child, or if the at-fault driver leaves the state, then the time limit might be paused. A personal injury attorney can help you figure out how long you have to handle your case.
After a car accident or personal injury, you may be in pain, miss work, or face big medical expenses. Louisiana law allows injured persons to seek compensation to help cover their losses. A car accident lawyer can help you understand what you’re owed and fight to get whatever compensation you may deserve. Here are the types of compensation you may be able to receive:
Economic damages are financial losses with a calcuable value. These losses include:
Non-economic damages are types of suffering without a set price of calcuable value. These losses include:
Punitive damages are a rare type of compensation that is awarded in cases when the court wishes to punish the wrongful party. These damages are only given when the at-fault driver was very reckless or caused significant harm. It’s meant to stop other drivers from engaging in the same behavior.
If you're involved in a car or truck accident in Louisiana, taking the right steps can help keep you safe and support your car accident case. These steps also help you follow Louisiana car accident laws and increase your chances of a positive legal outcome. Here’s what to do:
Whether you’re a driver, passenger, or pedestrian, understanding Louisiana car accident laws can make a big difference after a car or motorcycle accident. These laws affect how fault is determined, how long you have to act, and what kind of compensation you might receive.
At Cardone Law Firm, we focus on helping accident victims protect their rights and move forward after any accident they experience. If you’ve been in a car accident and aren’t sure what to do next, reach out to our New Orleans personal injury lawyer team today. We offer a free consultation and the trusted legal support that you deserve.
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