Common Questions Regarding Louisiana Personal Injury Law Answered

Immediately after an accident, the name and the laws of the state seldom seem relevant to the victims of an accident, but as time passes and the reality of the situation begins to hit home, understanding them becomes something of paramount importance. Just like any other state in the United States, the personal injury laws of Louisiana have some unique attributes and it's only natural to have questions about them. On that note, let's now try and answer some of the popular questions which personal injury victims often ask regarding the laws of the state on the matter.

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How Long Do I Have Before the Window to file a Personal Injury Claim Closes?

This one is a bit complicated because it doesn't have one single answer which applies to all cases. Nevertheless, one year from the date of the accident is usually the norm in case of most motor accident related injuries in Louisiana. If you want to file for medical malpractice, your deadline will usually end after a year from the date on which the problem/injury was detected, under normal circumstances. Remember that this is not a time period which will be applicable in all cases and is only meant to be taken as a general guideline.

Can I File for Personal Injury if I did not have Any Auto Insurance at the Time of the Accident?

It would be difficult because the state of Louisiana has a clear and simple "no pay/no play" policy when it comes to auto insurance. What this means is that in order to get compensations for damages caused due to a motor vehicle related accident, the injured party must have at least the minimum amount of auto insurance coverage, as made mandatory by the State. However, if the medical bills resulting from the treatment of an injury caused by the accident exceeds $10,000, the victim can file a claim because the "no pay/no play" policy becomes invalid at that point.

What about Uninsured Motorist Coverage?

Let's put it this way; in order to get your damages from an uninsured motorist, you will probably need to sue him/her personally. While success is not impossible in such cases, the odds of that happening are not always great. On the other hand, if you have uninsured motorists coverage, the insurance company itself will pay your for all your damages as part of the policy's contract. As Louisiana does have quite a large number of uninsured cars running around, it's best to opt for uninsured motorist coverage if you can.

Can I Sue for Personal Injury if I Take a Fall or Receive Injury on Someone's Property?

There are provisions for such cases in the Louisiana Courts but you will need to keep the following factors in mind.

• The area of the private property where you got injured has to be unjustly dangerous
• The property owner either has to know about the existing danger in advance or it has to be proven that it was something that he/she should have had knowledge of
• The verdict of the case will be determined by the particular situation in question as the negligence laws regarding premise liability are not hard set

The most important thing to remember is that you need legal advice regarding the situation as soon as possible to increase your chances of winning the case. Contact an agency like Babcock Partners in Baton Rouge, which prioritizes the current and future wellbeing of their clients above everything else.

Even if you don't have a case, advice from a dependable law firm like that will probably keep you from spending thousands of dollars on a hopeless cause. Similarly, your legal adviser might also be able to shed new light on a case in which you thought had no hope at all. Always ask for an expert opinion first when it comes to personal injuries.