What is a Tort Case, and What Does It Involve in Louisiana?

Individuals and organizations in Louisiana have a duty of care to protect the safety of entities with whom they interact. When a breach of this duty occurs, such that an entity suffers personal injury or loss, the aggrieved party may be entitled to compensation from the party responsible. In many cases, the aggrieved party may seek intervention from the Louisiana judiciary to obtain monetary compensation. Court records of the ensuing proceedings are typically public documents and available to interested persons upon request.

Alongside official custodians, third-party websites maintain records of tort cases and other public records. These websites may enable convenient and expedited retrieval of public records since they host information aggregated from various geographic locations and can be accessed remotely. To use these databases, inquirers are usually required to furnish the search engine with:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites operate independently of government sources and are not sponsored by these government agencies. Thus, record availability on third-party websites may vary.

What is Louisiana Tort Law?

Tort law in Louisiana refers to statutes and common law that form the basis for seeking compensation for tortious injury and aid the judiciary in adjudicating tort claims. The law of torts in Louisiana is not embodied in one statute but is spread throughout chapters of the Louisiana Revised Statutes.

What Kinds of Cases are Covered by Tort Law in Louisiana?

The following are the typically kinds of tort cases filed in Louisiana:

• Intentional torts: This kind of tort case covers personal injury or losses resulting from premeditation. Examples include assault, battery, false imprisonment, fraud, malicious prosecution, retaliatory discharge, and trespass to property.
• Negligence: Includes torts where an entity fails to discharge their duty of care to another entity, resulting in personal injury and loss. Examples include negligent misrepresentation, negligent infliction of emotional distress on a bystander, and negligent entrustment.
• Strict liability: Includes torts where the tortfeasor bears responsibility by proxy. Examples include injury or loss caused by wild animals and pets.
• Product liability: A fiduciary duty binds manufacturers to produce and deliver safe products. If a customer suffers injury due to a factory error or misinformation, the manufacturer bears product liability. Common torts include manufacturing defects, warning defects, and design flaws.
• Medical treatment torts: The common claims that arise here include failure to obtain informed consent and medical malpractice.
• Invasions of privacy: The common claims that arise include intentional intrusion and impersonation.

What are the Differences Between Criminal Law and Tort Law in Louisiana?

Criminal law in Louisiana generally operates on a punitive model. The aim is to impose statutory penalties on an offender in the form of jail time, fines, surcharges, community service, and other criminal consequences (Lou. Rev. Stat. § 14:9).. Furthermore, where a person suffers personal injury or loss due to a crime, the criminal law does not provide civil remedies (Lou. Rev. Stat. § 14:6).. On the other hand, tort law in Louisiana typically operates on a loss compensation model. Tort law also ignores other non-compensatory remedies, such as injunctions, used in other civil cases. Similarly, a person who suffers a tort due to a crime may be required to file a separate suit against the tortfeasor. Although the cases overlap, the outcome of a criminal prosecution is independent of a tort claim.

What is the Purpose of Tort Law in Louisiana?

Tort law exists to protect citizens’ rights against conscionable and unconscionable injury. Under the law, an entity may not necessarily enter a contract or make special arrangements with another entity to exercise the legal rights available to them. Furthermore, tort law describes remedies available to an entity when another entity violates such rights or duty of care.

What is a Tort Claim in Louisiana?

A tort claim is a formal request for compensation due to the loss or personal injury incurred from a party’s failure to discharge his/her duty of care (Lou. Rev. Stat. 40:1231.1 (A22))..

How Do You File a Tort Claim in Louisiana?

The petitioner may send a written notice of claim to the defendant describing the tort, date, time, and location of the incident. It should also include the estimate of the damages sought. The petitioner may then proceed to the office of the clerk of court in the parish of injury. The clerk and administrative staff shall provide official instructions but not legal advice regarding the case. The filing should show that the petitioner has notified the defendant of the tort and sought compensation. If the claim is against a public employee or agency, the petitioner might submit a written notice of claim to the agency or the Attorney General.

What Does a Tort Claim Contain in Louisiana?

A tort claim in Louisiana typically contains the following information:

• The name and address of the claimant;
• Contact information;
• Name of the tortfeasor (individual or state agency involved);
• Location of the injury;
• Date and time of the injury;
• Circumstances resulting in the injury;
• The personal injury or loss suffered; and,
• Amount of damages sought.

Seek a lawyer’s professional advice for additional details, as court staff typically cannot provide legal advice regarding a lawsuit.

What Happens after a Tort Claim is Filed in Louisiana?

For tort claims against individuals, the case follows the Louisiana rule of civil procedure. The petitioner or the court shall serve the defendant with a summons and copies of the documents filed. The summons shall inform the defendant of his/her duty to respond with an answer, such as no contest, counterclaim, or cross-claim, within a specified window. The case proceeds to a bench or jury trial, and the judge shall adjudicate the claim after hearing arguments and reviewing evidence that the parties submitted.

For claims against a public employee or state agency, the agency shall forward an acknowledgment to the petitioner after receipt of the tort claim. The agency and the Attorney General shall investigate the claim and then decide to accept or reject the tort claim. The petitioner may then file the case in the court of jurisdiction in the parish of injury.

In either case, the parties involved may settle the claim out of court to save time and resources. The judge shall review the settlement agreement and make a ruling. Otherwise, adjudicating the tort claim is usually at the judge’s discretion per the existing body of common law and statutes. The period of resolving a tort claim in Louisiana takes an average of 180 days. However, complex tort claims may take longer to adjudicate, especially when the parties appeal.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

The tort law in Louisiana is comparatively nascent. Thus far, it is based on the existing body of common law from court rulings in similar cases. Since it is still evolving, filing a personal injury claim may be ideal with an experienced lawyer.

Despite the odds, a self-represented claimant armed with the right information may accomplish the same objective. However, this is typically difficult, and a self-represented claimant may be unaware of the full extent of their legal rights. The personal injury lawyer may examine the merits of the claim and files the tort claim against the tortfeasor. He/she also gathers evidence, goes to court, and negotiates settlement agreements. Overall, the personal injury lawyer generally protects the best interests of the petitioner.

How Can I Find a Personal Injury Lawyer Near Me?

The Louisiana State Bar Association typically provides useful information on finding and hiring a personal injury lawyer on this webpage. The Association also provides access to self-help resources for self-represented petitioners.