Baton Rouge, LA – There are a number of procedural rules in personal injury and tort law that are important for victims to follow if they want to maximize their chances of receiving compensation and winning their case. Almost all lawsuits have some kind of time limit to file, which is called a statute of limitations. This is a crucial aspect of a lawsuit because once this time limit has expired, the plaintiff will not be able to bring their case at all, or it can immediately be dismissed by the defendant for a violation of the statute.
Louisiana statute of limitations
Louisiana’s laws related to statutes of limitations are less forgiving than most other states. As a general rule, there is only one year from the date of the incident for the victim to bring their initial filing for the case. There are some exceptions, but these generally involve minor victims, or problems that were not apparent at the time of the accident. For this reason, anyone involved in a collision should look to file their lawsuit as soon as possible. Having a short amount of time left can also give the defendant more bargaining leverage in settlement negotiations and cost the victim money in those situations as well.
Fatal accidents also have a similar statute of limitations. Under Louisiana law, the wrongful death case must be brought by a surviving family member within one year of the day the victim dies.
Other factors that may affect the outcome of a lawsuit
There are a number of different things that can affect the plaintiff’s chances of winning and the amount of compensation available to them. The amount of damages that the victim can ask for is generally reflected in their specific losses such as time away from work, property damage and repairs, and medical treatment costs. These amounts can be added up and listed as economic damages in the lawsuit.
The strength of the evidence against the defendant is crucial. For example, in a motor vehicle accident, the plaintiff can benefit from evidence which shows that there was a violation of a traffic law or some kind of reckless or illegal driving. This will help prove a breach of the standard duty of care in a negligence lawsuit. A lack of contributing fault from the plaintiff in causing the accident can also be beneficial.
Accident firms in Baton Rouge are available
Miller, Hampton, and Hilgendorf is a respected firm that assists local clients with personal injury lawsuits in Baton Rouge. Anyone who needs legal advice related to a civil lawsuit and taking other actions can contact them to receive more detailed information.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806