The Difference Between Tort Law and Personal Injury Law
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. Personal injury law is a specific branch of tort law focused on claims where a person suffers physical or emotional injury because of the negligence or intentional conduct of another party.
Understanding Torts and Personal Injury Law in Louisiana
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.
- Strict Liability – A party is responsible for harm someone sustained without regard to fault or negligence.
Examples of personal injury claims include slip and fall accidents, motor vehicle accidents, boating accidents, pedestrian accidents, wrongful death claims, medical malpractice, and 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.
Legal Elements of a Tort or Personal Injury Claim in New Orleans, LA
In negligence cases, the injured party must prove:
- The party that caused your accident 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.
Statute of Limitations for Louisiana Personal Injury and Tort Law Cases
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, making prompt legal action essential to protect your rights.
Damages Available in Tort and Personal Injury Cases in New Orleans, LA
Economic damages reimburse the victim for monetary losses, including medical treatment, nursing and personal care, out-of-pocket expenses, lost wages and decreased earning capacity, and rehabilitative therapy.
Non-economic damages include emotional distress, disfigurement and scarring, loss of enjoyment of life, mental anguish, diminished quality of life, and impairments and disabilities. In a few situations, juries may also award punitive damages, limited to cases involving gross negligence, malicious intent, and recklessness.
Contact a Metairie Personal Injury Lawyer at Mansfield Melancon Injury Lawyers for a Free Consultation
Please contact Mansfield Melancon Injury Lawyers to schedule a free consultation with a personal injury lawyer in Metairie, LA, today.
