From minor to catastrophic crashes, thousands of car accidents are reported throughout Louisiana every year. If you are hurt in a car accident that is not your fault, you may be eligible for compensation for the resulting economic and non-economic damages through a car accident claim.
To successfully pursue the damages you deserve, however, it is in your interests that you understand two statutes that are key to the outcome of your case. These are the Louisiana negligence laws and the statute of limitations.
1. The comparative negligence rule
Every state has its own laws regarding how fault is determined in a personal injury claim. Louisiana is one of the states that have adopted what is known as the comparative negligence rule.
Under this rule, the fault is apportioned based on each party’s contribution to the accident. This means that your damages too will be reduced based on your degree of fault. For instance, if the court establishes that your contribution to the accident was 25%, you will only be entitled to 75% of the awarded amount.
2. Louisiana’s statute of limitations
If you are hurt in an accident that is not your fault, you deserve justice. But you cannot file your personal injury claim when you feel like it. You must act within the statute of limitations period. In Louisiana, the statute of limitations for personal injuries is one year.
In other words, you only have 12 months to file your personal injury claim against the defendant. With very few exceptions, your claim will be dismissed if you file it after the expiry of the statute of limitations period.
Safeguarding your rights
Car wrecks happen all the time. But not all car wrecks are created equal. Acquainting yourself with important Louisiana civil statutes can help you safeguard your rights and interests while pursuing damages following a car wreck.