The Most Common Personal Injury Claims in LA: Is Your Case Eligible for Compensation?

Personal injury claims arise when an individual suffers harm due to another party’s negligence or wrongful actions. In Louisiana, the law allows various personal injury claims, each with unique circumstances and eligibility criteria. Understanding whether your case qualifies for compensation is essential in navigating the legal landscape following an injury. The Delphin Law Offices PLC in Louisiana shares more about the most common types of personal injury claims in the Bayou State.

Common Types of Personal Injury Claims in Louisiana

Louisiana has a higher frequency of bodily injury claims than the rest of the country. Here are the top five personal injury claim types in the state:

Car Accidents

Car accidents are among the leading causes of personal injury claims in Louisiana.

• In 2023, Louisiana saw 799 traffic accident fatalities in 743 deadly crashes along all public highways.
• The LSU Center for Analytics & Research in Transportation reports a total of 58,554 vehicle or pedestrian injury crashes in 2024.
• Louisiana’s rate of fatal motor vehicle crashes is higher than the national rate (15.7 vs 11.5 per 100,000).

If you’ve been injured in a car crash caused by another driver’s negligence, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.

Slip and Fall Accidents

Property owners in Louisiana have a legal obligation to maintain safe premises. Slip and fall accidents can occur in grocery stores, restaurants, or any business premises where hazardous conditions exist. Top causes include:

• Slippery floors
• Icy sidewalks and parking lots
• Debris on walking areas
• Loose steps or walkway paving material

If you’ve been injured due to a property owner’s failure to address these dangers, you might have a viable slip and fall claim.

Workplace Injuries

Employees in Louisiana are entitled to a safe working environment. Despite this, workplace injuries can still happen due to unsafe conditions, lack of training, or equipment failure. A 2023 Louisiana Department of Health report reveals that burns are the most common cause of work-related hospitalizations in the state. Other injuries can include:

• Slips and falls
• Overexertion
• Heatstroke
• Machinery crush injuries

If you’ve suffered an injury on the job, you may be eligible for Workers’ Compensation benefits or a third-party liability claim if someone else’s negligence contributed to your injury.

Medical Malpractice

Trusting medical professionals with your health comes with the expectation that they will provide a certain standard of care. Unfortunately, negligence in healthcare can lead to severe injuries. Data from the National Practitioner Data Bank for 2019 to 2023 reveals that Louisiana leads the U.S. with the highest rate of medical malpractice reports. Medical malpractice claims may arise from misdiagnosis, surgical errors, or improper treatment. Proving negligence in these cases requires showing that the healthcare provider deviated from accepted medical practices.

Product Liability

When a product is defective or dangerous, it can lead to serious injuries. Product liability claims arise when consumers are harmed due to faulty products, including machinery, electronics, or food. Manufacturers, distributors, and retailers can all be held liable if their products cause injury.

Is Your Case Eligible for Compensation?

Is your personal injury case eligible for compensation? Your personal injury attorney will consider the following factors in reviewing your case:

1. Proving Negligence: For most personal injury claims, the burden of proof lies in demonstrating that the other party acted negligently. This involves showing that they had a duty of care toward you, breached that duty and their actions directly caused your injuries.
2. Documented Injuries: Can you collect medical records, bills, witness statements, and any other evidence that supports your claim? Detailed documentation is essential for building a strong case.
3. Statute of Limitations: Louisiana has specific deadlines for filing personal injury claims known as statutes of limitations. You now may have two years from the date of the injury to file a claim, but there could be exceptions to this rule. Missing this deadline can result in losing your right to seek compensation. It is best to consult an experienced lawyer as soon as possible.

Contact a Louisiana Personal Injury Lawyer Today

If you’ve suffered an injury and are uncertain about your legal options, we can help you understand your rights, determine if your case is eligible for compensation, and guide you through the claims process. At Delphin Law Offices PLC, we are committed to advocating for victims of personal injury in Louisiana. With extensive experience and a dedication to our clients, we strive to help you attain the justice and compensation you deserve. Contact us for a free consultation to discuss your case and get the support you need during this challenging time.