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Louisiana Negligence Laws

Louisiana Negligence Laws

If you've been injured in an accident that was someone else's fault, you may be wondering what kind of compensation you're entitled to. Louisiana has some of the most complex negligence laws in the country, and it can be difficult to understand them without an attorney's help. 

In this blog post, we will explain what constitutes negligence in Louisiana, and we will discuss the differences between compensatory and punitive damages. We will also talk about comparative negligence, which is a key part of Louisiana personal injury law.

Louisiana negligence laws are unique compared to other states. The laws consist of many moving parts, and that is why you may need an experienced personal injury lawyer to help you file a claim. Manard Law, LLC is a Louisiana-based law firm that specializes in personal injury cases. We have the experience and knowledge necessary to help you get the compensation you deserve.

What Constitutes Negligence in Louisiana Law?

In order to file a personal injury claim in Louisiana, you must first prove that the defendant was negligent. Negligence is defined as the failure to exercise reasonable care. In other words, the defendant failed to do something that a reasonable person would have done under similar circumstances. 

There are four elements of negligence that must be proven in order to win a personal injury case:

  • Duty: The defendant had a duty to behave in a certain way.

  • Breach of Duty: The defendant breached that duty by failing to act reasonably.

  • Causation: The defendant's breach of duty caused the plaintiff's injuries.

  • Damages: The plaintiff suffered damages as a result of the defendant's negligence.

The first three elements are relatively easy to prove, but the fourth element can be more difficult. Damages can include things like medical expenses, lost wages, and pain and suffering. In order to win a personal injury case in Louisiana, you must prove that the defendant is liable for your damages.

Understanding Comparative Negligence

Louisiana is one of the few states that follows the doctrine of comparative negligence. This means that the plaintiff can be partially at fault for their own injuries, and the defendant can still be held liable. In Louisiana, the plaintiff's percentage of fault will reduce their award by that same percentage. For example, if the plaintiff is found to be 25% at fault for their injuries, then their award will be reduced by 25%.

Compensatory and Punitive Damages in Louisiana

Louisiana law recognizes two types of damages: compensatory and punitive. Compensatory damages are intended to compensate the plaintiff for their losses. Punitive damages are designed as a punishment for the defendant's wrongful actions.

Compensatory damages in Louisiana include both economic and non-economic damages. Economic damages are those that can be easily calculated, such as medical expenses and lost wages. Non-economic damages are more subjective, and they include things such as pain and suffering, emotional distress, and loss of enjoyment of life. 

Punitive damages are not available in every personal injury case. To receive them, the plaintiff must prove that the defendant's actions were reckless or intentional.

Get Legal Help at Manard Law, LLC

At Manard Law, LLC, we understand Louisiana negligence laws inside and out. We have the experience and knowledge necessary to help you get the compensation you deserve. If you've been injured in an accident, don't hesitate to contact us at 504-585-7777. We'll review your case for free and let you know what we can do to help.

About the Author:

Manard Law, LLC

With over 40 years of successful results for the people of Louisiana, Manard Law provides the best possible representation for your personal injury case. Regardless of the size of the case, we believe you are entitled to full, fair and adequate compensation for their injuries and damages you sustained. ... View full business profile here: Manard Law, LLC

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