Louisiana Personal Injury Law

Understanding Injury Laws

Suffering injury as a result of someone else’s negligence is physically and emotionally draining. In the few seconds it took for the accident to happen, your life can change dramatically.

Simply stated, personal injury law is involved when a person was injured and suffered damages as a result of someone else’s negligence. Personal injury laws differ from state to state, so if you injury occurred in Baton Rouge or anywhere within Louisiana, it is important to be aware of local laws and requirements. With a basic understanding of Louisiana personal injury laws, combined with the support of an injury attorney, you can get through this devastating experience and get back to your life.

Determining who was at fault

In Louisiana, proving fault involves demonstrating that someone failed to use reasonable care. In other words, one or more people were negligent. Proving negligence under Louisiana law involves showing that the negligent party owed a duty to the injured party and failed to carry it out. The injured party must also prove that damages and injuries resulted from the negligent act.

Under Louisiana’s pure comparative negligence law, anyone who was negligent owes the injured party based on the percentage of negligence. If the injured party is seen as having a percentage of the responsibility, he or she is also responsible for that portion of the damages.

Proving negligence can be more complicated than it would seem. While a car accident might have been caused directly by a driver, the car’s manufacturer might be responsible due to faulty parts, or even the local municipality might be at fault if the road was improperly maintained.

How our Louisiana personal injury attorneys can help

Experienced personal injury attorneys understand local laws, are familiar with the local court processes and personnel, and have access to valuable resources to support your case. If you have experienced an injury, your attorney can help in many ways:

An attorney will help you to gather the documentation needed to prove your case.
When extra evidence is needed, a Baton Rouge personal injury attorney has access to forensic investigators and expert witnesses who can often establish a compelling court case
Your attorney will ensure that you follow all guidelines of Louisiana personal injury law, for example, the requirement to file a lawsuit within one year of the date of the accident
An experienced attorney makes sure you seek compensation for all damages, as defined by Louisiana law, including (but not limited to) the following:
- All medical and related expenses during the entire recovery period
- Lost time from work
- Damage to property
- Domestic assistance when you cannot care for yourself or your family
- Permanent disfigurement or disability
- Emotional distress
- Reduced ability for future earnings due to the injury

Contact us for skilled legal guidance

Whether injury or wrongful death was caused by an accident on a roadway, on a waterway, or off the coast of Louisiana, the attorneys at Marks and Lear, PLC have the experience and skills needed to obtain just compensation for your loss. We have earned the highest rating (AV) by Martindale-Hubbell, the only nationally recognized peer review rating service.