In Louisiana, an accident victim can make a claim against the person that caused the accident. The victim can claim personal injuries, including pain and suffering, and also economic damages like lost wages and medical expenses.
The types of accident claims that can be made in Louisiana are vast: car crashes, slip and falls, medical malpractice, products liability, etc. But where does an accident victim’s right to make these claims come from? The answer is Louisiana Civil Code article 2315.
Article 2315(A) states: Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
Basically, if a person causes injury to another person due to fault, the offending person must pay damages to the victim injured. There are many laws based on Article 2315 in personal injury law that grant accident victims the right to make claims for their specific damages in specific types of cases. The law prescribes parameters and conditions that must be met for a person to make a valid claim given the type of accident.
Thus, anyone injured in a Louisiana accident should contact a licensed Louisiana personal injury attorney for guidance. But even though personal injury law can be complicated, there must exist in every case a wrong by one person causing damage to another person.
A common application of article 2315 is in a rear end car accident. The driver that rear ends another vehicle is presumed to be at fault for the accident. This is most assuredly the case when the rear-ended vehicle is stopped for a traffic light at the time of the accident. In such a case, the “at fault” driver (and his insurance company) is responsible for paying the rear-ended vehicle’s driver for his damages, including pain and suffering and medical expenses.
Article 2315 serves to protect Louisiana citizens from the negligent acts of other people and companies. The article is widely cited by Louisiana attorneys in federal and state court documents. It is one of the first personal injury laws a new law student learns in his/her first year of law school.
If you or a loved one was injured in an accident, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation: 1000 Veterans Blvd #203, Metairie, LA 70005, Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana, including Algiers, Amite, Avondale, Belle Chasse, Bogalusa, Boutte, Chalmette, Covington, Cut Off, Destrehan, Edgard, Franklinton, Galliano, Gretna, Hammond, Harahan, Harvey, Houma, Jefferson, Kenner, Laplace, Lacombe, Larose, Luling, Lutcher, Madisonville, Mandeville, Marrero, Marrero, Morgan City, Montegut, New Orleans, Norco, Patterson, Pearl River, Ponchatoula, Prairieville, Raceland, River Ridge, Slidell, St. Rose, Thibodaux, Tickfaw, Westwego. Mr. D’Aunoy is well reviewed on sites such as Avvo and Facebook.