Accidents can happen when you least expect them, and when they do, they can leave you dealing with pain, medical bills, and uncertainty. If you’ve been injured because of someone else’s negligence, a personal injury claim can help you recover compensation for your losses. But who can actually file a personal injury claim in Louisiana?
While nearly anyone injured by someone else’s actions can pursue a claim, the success of that claim depends on proving negligence and following Louisiana’s legal process. Let’s break down the details so you know your rights and what to expect.
General Eligibility to File a Personal Injury Claim
Adults Over 18
In Louisiana, any adult over the age of 18 who has been injured due to someone else’s negligence has the right to file a personal injury claim. However, filing a claim isn’t just about filling out forms—it’s about building a solid case that proves the other party’s responsibility.
To succeed, you must establish two key points:
- You were injured.
- Your injury was caused by someone else’s negligence.
Common Scenarios
Personal injury claims can arise from a variety of incidents, including:
- Car Accidents: If another driver caused a crash due to reckless or impaired driving, you may have grounds for a claim.
- Slip and Falls: Property owners who fail to maintain safe premises can be held liable for injuries.
- Workplace Injuries: Although workers’ compensation often applies, third-party claims may still be valid.
The specifics of your case will determine the strength of your claim, which is why consulting a personal injury lawyer is essential.
Minors and Personal Injury Claims
Can Minors File a Claim?
Children under the age of 18 cannot legally file a personal injury claim on their own in Louisiana. Instead, their parent or legal guardian must file the claim on their behalf.
Parental Responsibility
Parents or guardians play a critical role in ensuring that the minor’s interests are protected. This includes:
- Gathering Evidence: Documenting the accident and collecting medical records.
- Filing Deadlines: Ensuring the claim is submitted within Louisiana’s legal time limits.
- Negotiating Settlements: Advocating for compensation that accounts for the child’s long-term needs.
Common Scenarios Involving Minors
Some of the most common personal injury claims involving minors include:
- Playground Accidents: Injuries caused by poorly maintained equipment.
- Car Accidents: When a child is injured as a passenger in a vehicle.
- School Incidents: Cases involving unsafe conditions or lack of supervision.
Interdicted Individuals and Filing Claims
What Is Interdiction?
Interdiction is a legal process where a court determines that a person is incapable of managing their own affairs due to mental or physical incapacity. This might include elderly individuals with dementia, people with severe brain injuries, or those with significant disabilities.
Who Files on Their Behalf?
When someone is interdicted, a legal representative—typically a family member or a court-appointed guardian—must file the personal injury claim on their behalf. The representative assumes the responsibility of managing the case, including gathering evidence and working with an attorney.
Example Scenarios
- Elderly Victims: An elderly person injured in a nursing home due to neglect may need their legal guardian to pursue a claim.
- Severe Disabilities: If someone with a severe brain injury is hurt further by a car accident, their representative can step in to seek compensation.
Proving Negligence in Personal Injury Cases
To win a personal injury claim, it’s not enough to show that you were injured—you must also prove the other party’s negligence. Negligence occurs when someone fails to act with the level of care that a reasonable person would have under the same circumstances.
The Four Elements of Negligence
Every successful personal injury case relies on these four elements:
- Duty of Care: The defendant had a legal obligation to act responsibly. For example, drivers have a duty to follow traffic laws.
- Breach of Duty: The defendant failed to uphold their duty, such as running a red light or failing to clean up a hazardous spill.
- Causation: The breach of duty directly caused your injury.
- Damages: You suffered actual harm, such as medical expenses, lost wages, or emotional distress.
Each element must be clearly demonstrated with evidence. A skilled personal injury lawyer can gather the necessary documentation and build a compelling case to prove these points.
Why You Need a Lawyer for Your Personal Injury Claim
While Louisiana law allows anyone injured by negligence to file a personal injury claim, the process is often complex. Without legal representation, you may struggle to meet deadlines, prove negligence, or negotiate with insurance companies.
The Role of a Personal Injury Lawyer
- Gathering Evidence: From medical records to witness statements, lawyers collect the materials needed to support your claim.
- Dealing with Insurance Companies: Insurers often try to minimize payouts, but an attorney can push back and fight for fair compensation.
- Proving Negligence: Your lawyer will ensure that all four elements of negligence are addressed with strong evidence.
- Navigating Legal Deadlines: In Louisiana, the statute of limitations for personal injury claims is one year. Missing this deadline can result in your case being dismissed.
At Broussard Knoll Law Firm, we take the burden off your shoulders, handling the legal complexities so you can focus on healing.
Frequently Asked Questions About Personal Injury Claims in Louisiana
No, minors cannot file a claim on their own. A parent or legal guardian must file on their behalf.
If the injured party is interdicted, their legal representative or guardian must file the claim and manage the case.
Louisiana law imposes a one-year statute of limitations for personal injury claims that arose before July 1, 2024. If the injury occurred after July 1, 2024, the statute of limitations for personal injury claims is two years. Acting promptly is critical to preserving your right to compensation, as every case and the deadline for filing a formal claim may be fact-dependent. Early consultation with a personal injury lawyer is crucial.
Legal Help When You Need It Most
While anyone injured by someone else’s negligence has the right to file a personal injury claim, proving that negligence and securing compensation often requires knowledgeable legal guidance. Whether you’re filing for yourself, your child, or an interdicted loved one, the process can be challenging without professional support.
At Broussard Knoll Law Firm, we’re committed to helping clients in Louisiana seek justice and fair compensation. If you or a loved one has been injured, contact us today for a free consultation. Let us evaluate your case and guide you toward the best path forward.
