New Orleans - Louisiana's Direct Action Statute - Negligence Lawyer
Understanding Louisiana's Direct Action Statute:
Louisiana is one of the few states in the country with a direct action statute. A direct action statute allows an injured person (the plaintiff) to sue the insurance company of the person or entity who caused their injury directly. In other words, the plaintiff does not even need to sue the person who hurt them to be able to sue the insurance company. They can skip right to suing the insurance company. The insurance company defends itself and is entitled to most of the same rights and defenses in court as the person who caused the injury would have been. This means that time limits and other procedural concerns still apply, but things like spousal immunity generally do not. Insurance companies are armed with good lawyers, and you should be too. Contact one of the experienced New Orleans Personal Injury Attorneys listed here to help you get the justice you deserve. A New Orleans personal injury attorney will be well versed on who to sue and what parish to file the personal injury lawsuit.
How does Louisiana's Direct Action Statute differ from the law in other states?
New Orleans injury and trial lawyers have fought for years to keep the direct action statute on the books in Louisiana. Almost every legislative session, someone tries to legislatively repeal it. Insurance companies and insurance defense lawyers advocate its repeal because, they argue, it increases the size of the verdicts.
In most other states, the injured person (plaintiff), sues the person who hurt them (defendant). If the defendant has insurance, the insurance often pays for the defendant's legal defense. If the court rules against the defendant, the insurance company usually indemnifies (gives the money to) the defendant. Injured parties are generally not allowed to sue the insurance company directly to recover money. However, in Louisiana, these extra steps are not required, and an injured person can sue the insurance company from the get-go. This often results in larger verdicts because a jury is more willing to take money from a corporation than from an individual defendant.
I'm being sued! Will my insurance company pay?
This is a very complicated issue, and depends on the specific facts of your case. In general, a Louisiana insurance company is only required to defend against a claim for which you are covered. Contact one of the Louisiana Personal Injury Lawyers listed on this site today to discuss your case.
To which types of cases does Louisiana's Direct Action Statute apply?
In any accident where an injury occurred in Louisiana and the person at fault was insured, the Direct action statute applies. Some common examples are car accidents, slip-and-fall cases, and professional malpractice cases.
The following is the actual text of Louisiana's Direct Action Statute:
RS 22:655. Liability policy; insolvency or bankruptcy of insured and inability to effect service of citation or other process; direct action against insurer
A New Orleans Personal Injury Attorney Sues Insurance Companies to Protect Your Rights
Serving clients throughout Southeastern Louisiana, including Algiers, Alma, Bridge City, Chalmette, Destrehan, Elmwood, Gretna, Harahan, Harvey, Kenner, Luling, Meraux, Marrero, Metairie, Mt. Airy, New Orleans, River Ridge, South Kenner, Slidell, St. Benedict, St. James, St. Rose, Terrytown, Westwego, and other communities in Orleans Parish.
If you or a loved one is in need of an attorney to sue an insurance company, whether it be for something they have done to you directly or under the Louisiana Direct Action Statute for the actions of one of their policyholders, contact a Greater New Orleans area personal injury attorney on this site for a free initial consultation.