When someone else causes injury to you through a motor vehicle accident, you have the right to sue them for damages. But do you know the basics of filing a car accident lawsuit in Louisiana? Our experienced car accident attorneys can explain what it means to file suit, and the unique situations that might come with it.
In Louisiana, a personal injury lawsuit will usually be instituted in the parish where the crash occurs or where the defendant driver lives. In a situation where the defendant lives out-of-state, like Mississippi, a lawyer might file that suit in the parish where the wreck occurred. If the case is large enough, a defendant who is a foreign citizen has the option to remove that matter to a federal court in the area.
The petition for filing an injury claim is governed by the Louisiana Code of Civil Procedure Article 893, which requires the plaintiff to set forth the facts that occurred, itemize the damages, and allege negligence or fault on the part of the defendant. They must also decide whether they want a jury trial or a judge trial. In Louisiana, if the damages are greater than $10,000, it can be tried to a jury.
Sometimes a person may be involved in an accident, and their spouse suffers loss due to that person’s injury. That is a claim for damages due to loss of consortium, and both parties can be involved in bringing the claim even though one of them may not have been in the automobile accident.
If the accident involves injuries to children, someone will need to represent the minor if they were injured. That tends to be the child’s parents. If the parents are deceased, then the proper party to bring the claim for the minor is called the “tutor.” The claim is for the minor, but the parent or tutor collects the money for medical treatment. The damages for personal injury that a tutor brings on behalf of the minor will require court approval for any settlement and investment of the minor’s moneys.
The plaintiff must name the parties at fault, what they did wrong, and why they are responsible under Louisiana law. Damages are set forth, including pain and suffering, mental pain and anguish, past medical expenses, past lost earnings, as well as future losses for all those items. There may be a claim for inconvenience, impairment of the enjoyment of living, disability, and scarring.
Pain and suffering, mental pain and anguish, disability, and impairment of the enjoyment of living are known as general damages. The special damages are the medical bills, past and future, and lost wages and future lost wages or impairment of earning capacity. When you need to file a car accident lawsuit in Louisiana, Kopfler & Hermann’s personal injury attorneys explain everything you need to know. Call us to learn if you have a cause for action.
