More About Personal Injury Claims

 

Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

 

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.

Does a personal injury lawsuit have to be filed within a certain amount of time?

Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. If you miss the statutory deadline for filing a case, your case is thrown out of court.

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Statutes of Limitations

Louisiana:

Negligence / Personal Injury
1 Year
Wrongful Death
1 Year
Medical Malpractice
1 Year with Discovery Rule, but no more than 3 years after occurrence. Damages limited by specific statutes.
Malpractice (Other Professions)
1 Year with Discovery Rule, but no more than 3 years after occurrence. Damages limited by specific statutes.
Products Liability
1 Year The one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury.
Municipal Liability/Sovereign Immunity
No immunity for state, state agency from suit and liability in contract or injury to person or property. Although special statutes do exist to limit liability and create structured payment plans. Max awards of $500,000 except as to medical care and loss of earnings.
Comparative Negligence
Applies, however, no recovery by plaintiff if blood alcohol level .08% or more while operating a car, boat, or aircraft and plaintiff more than 25% negligent.
Charitable Immunity
Abolished
Punitive Damages
Limited to specific situations governed by statute. Wanton or reckless conduct involving driving while intoxicated, criminal sexual activity with victims 17 or younger, and the sale or distribution of illegal drugs.
No-Fault Insurance
None
Other Relevant Information
2 years for injuries caused by crimes of violence. 

Dram shop: no liability on the part of holder of liquor permit (or employee) or social host for injuries (or wrongful death) to, or caused by, intoxication of adult.

Firearms: Liability generally denied.

Long-term food consumption: Liability for obesity, weight gain, or health problems denied.

 

Texas:

Negligence / Personal Injury
2 Years with Discovery Rule.
Wrongful Death
2 Years with Discovery Rule.
Medical Malpractice
2 Years with Discovery Rule to a maximum of 10 years. Minors: under 12 to age 14.
Malpractice (Other Professions)
Products Liability
2 Years with Discovery Rule.
Intentional Torts
1 Year
Fraud
4 Years for debt, fraud, or breach of fiduciary duty.
Municipal Liability/Sovereign Immunity
Waived, but notice required within 6 months of occurrence.
Discovery Rule
Standard rule applies in Texas.
Comparative Negligence
Proportionate responsibility rule adopted. Claimant may not recover damages if percentage of responsibility is greater than 50%.
Damages are reduced in proportion to amount of responsibility attributed to settling persons.
Charitable Immunity
Limited by statute but does not apply to reckless or intentional conduct.
Disabilities
SOL does not run until insane or infant (18th birthday) no longer disabled.
Punitive Damages
Must establish liability for damages by clear and convincing evidence. Caps: Two times the amount of economic damages, plus amount equal to any non-economic damages found by jury not to exceed $750,000 or in the alternative, $200,000 total exemplary damages. *General Note: All Texas statutes of limitation extended to next business day if last day falls on a Saturday, Sunday, or holiday.
No-Fault Insurance
None
Note
General Note: All Texas statutes of limitation extended to next business day if last day falls on a Saturday, Sunday, or holiday.


DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.