Medical Malpractice

All claims against doctors, hospitals, and related healthcare providers (including nursing homes) must be prosecuted under one of two special statutes. All claims against private healthcare providers who are registered and qualified under the law must be pursued under the Louisiana Medical Malpractice Act, La.R.S.40:1299.41. Likewise, all claims against the State of Louisiana for medical…

Other Types of Claims Under Louisiana Law

1. Product Liability All claims for injuries arising from defectively-manufactured or -designed products are governed by a special statute enacted by the Louisiana legislature – La.R.S. 9:2800.51. This law went into effect on September 1, 1988 and applies to all claims arising after that date. In order to successfully prosecute a claim against a manufacturer…

Insurance Coverage for Negligence Claims

1. Automobile Coverage a. Liability Coverage – All automobile policies issued in Louisiana are required to offer both bodily injury and property damage coverage. In Louisiana, all vehicle owners are required to maintain minimum liability coverage in the amount of $15,000/$30,000 (sometimes known as “15/30”) for bodily injury liability coverage. Likewise, every policy is required…

Survival Actions

In many very serious cases, a person is severely injured and dies some period of time after the injury. Serious and fatal accidents can result in a death anywhere from minutes to months after an accident. In such cases, Louisiana law recognizes a cause of action which will compensate the accident victim’s heirs for the…

Wrongful Death Claims

Louisiana law grants a legal action to certain family members in the event a loved one is killed due to the fault of another. It is important to note that only certain categories of family members are given these rights, and that each category or classification listed in the statute excludes the other listed classes…

Liability for Actions of Others

Many situations exist wherein Louisiana law imposes liability for the actions of someone or something who is under his control or custody. Set forth below are common examples of this legal concept, which is known as vicarious liability. 1. Employer/Employee – Under Louisiana law, an employer will be liable for any negligent act committed by…

Claims Arising Under Louisiana State Law

Negligence Claims Common Examples – The word “negligence” is simply an extension of the word “neglect.” If an individual neglects to do something that he should have done or commits a mistaken act which causes damage to another, the law will find him to be “negligent.” The most common type of negligence claim arises out…

Claims Filed in Louisiana Courts

Louisiana courts of primary jurisdiction began with either the city courts or state district courts. These courts hear all types of civil and criminal cases and conduct trials which are decided either by a judge or by a jury. 1. Louisiana City Courts – Virtually all of the cities in Louisiana have a city court…