Tort law is a broad area of civil law in Louisiana encompassing all civil wrongs or injuries caused by one party to another. Damages may include physical harm, emotional distress, or property damage. This blog explains the difference between tort law and personal injury law in Louisiana to help accident victims understand how to protect their right to fair compensation.
Understanding Torts and Personal Injury Law in Louisiana
In Louisiana, torts are generally referred to as delicts. Tort law encompasses a wide range of claims involving acts or omissions that cause another person to suffer harm and loss.
The three primary categories of torts are:
- Intentional torts – A party causes harm to someone or their property on purpose.
- Negligent torts – A party causes someone harm because they fail to meet a specific standard of care or use the level of reasonable care for a particular situation.
- Strict Liability – A party is responsible for the harm someone sustained without regard to fault or negligence.
Personal injury law is a specific branch of tort law. It is focused on claims where a person suffers physical or emotional injury because of the negligence or intentional conduct of another party.
Examples of personal injury claims include, but are not limited to:
- Slip and fall accidents
- Motor vehicle accidents
- Boating accidents
- Pedestrian accidents
- Wrongful death claims
- Medical malpractice
- Bicycle accidents
All personal injury claims are tort claims, but not all tort claims fall under the personal injury category. Tort claims also include actions involving defamation, property damage, nuisance, defective products, and trespass.
What Is the Purpose of Louisiana Tort and Personal Injury Law?
The purpose of tort law is to impose liability and offer remedies for civil wrongs. Remedies may include monetary compensation for the party’s losses. Personal injury law also imposes liability on parties who cause injuries to someone. Because the law cannot undo the injuries, the remedy offered by law is compensation for the victim’s damages.
Legal Elements of a Tort or Personal Injury Claim in New Orleans, LA
Injured parties have the burden of proof in tort and personal injury claims. They must have sufficient evidence to prove the legal elements to establish cause, fault, and damages.
In negligence cases, the injured party must prove:
- The party that caused your accident or injury had a duty to act with reasonable care;
- The party breached its duty of care by failing to meet an accepted standard of care;
- The breach of duty was the proximate and actual cause of your injuries; and,
- You sustained injuries and losses because of the party’s conduct.
By proving each of these elements, you establish the legal foundation needed to hold the at-fault party accountable and pursue full compensation for your injuries.
Statute of Limitations for Louisiana Personal Injury and Tort Law Cases
The Louisiana statute of limitations places time limits on filing lawsuits for personal injury and tort claims. In most injury cases, the deadline to file a lawsuit is two years from the date of the injury or accident. There are very few exceptions to this rule. Therefore, prompt legal action is required to protect your rights to sue the party who caused your injuries.
Damages Available in Tort and Personal Injury Cases in New Orleans, LA
Damages compensate victims when another party causes them injury or harm.
Generally, tort and personal injury claims include economic damages to reimburse the victim for monetary losses and expenses, including:
- Medical treatment
- Nursing and personal care
- Out-of-pocket expenses
- Lost wages and decreased earning capacity
- Rehabilitative therapy
Injured parties can also seek compensation for their pain and suffering.
Non-economic damages include:
- Emotional distress
- Disfigurement and scarring
- Loss of enjoyment of life
- Mental anguish
- Diminished quality of life
- Impairments and disabilities
In a few situations, juries may award punitive damages. These damages are limited to cases involving gross negligence, malicious intent, and recklessness. Punitive damages are awarded to “punish” the at-fault party and deter other parties from similar behavior.
Contact Mansfield Melancon Car Accident and Personal Injury Lawyers for a Free Consultation
At Mansfield Melancon Car Accident and Personal Injury Lawyers, our attorneys guide clients through the complexities unique to Louisiana’s civil law system. We diligently follow changes in tort and personal injury laws that can impact claims. Contact our office to schedule a free consultation with a New Orleans personal injury attorney.
For more information, please contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer today. We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, Metairie and Lafayette.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
365 Canal Street Suite 415
New Orleans, Louisiana, 70130
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991
Mansfield Melancon Car Accident and Personal Injury Lawyers – Metairie Office
111 Veterans Memorial Blvd, Suite 255
Metairie, Louisiana, 70005
(888) 601-0127