John W. Redmann | November 4, 2025 | Personal Injury
Tort law is a branch of civil law that addresses wrongs or harms to individuals or their property. The injured party can seek a legal remedy, usually in the form of monetary damages. Personal injury law is a subset of tort law that addresses cases in which a person suffers physical or emotional injury due to the negligence or intentional conduct of another party.
Examining the differences between tort law and personal injury law can help injured parties understand their rights and legal remedies.
Key Differences Between Tort Law and Personal Injury Law in Louisiana
Louisiana uses different terms to refer to torts and personal injury. Generally, torts are delicts or violations of the law. Torts involve conduct that causes harm or injury to another person. The conduct can be an act or a failure to act.
The three primary categories of tort in injury law are:
- Negligent torts: A party fails to exercise reasonable care or meet a specific standard of care, resulting in harm to another person. Most personal injury claims fall under the category of negligent torts.
- Intentional torts: A party consciously does something with the intent to harm property or a person.
- Strict liability: A party can be held liable for harm they cause someone even though the party did not intend to cause harm and was not negligent.
Louisiana follows a civil law tradition rooted in French and Spanish codes. It is distinct from the common law system used in other states. Judges interpret statutes directly with less emphasis on precedent set in prior court decisions. This is the case in both tort and personal injury claims.
Common Types of Tort and Personal Injury Cases in Metairie, LA
Personal injury and tort law encompasses a wide range of accidents and incidents that cause injuries and harm to individuals. Examples of tort and personal injury cases include:
- Motor vehicle accidents, including truck, motorcycle, and car crashes
- Slip and fall accidents and other premises liability claims
- Workplace accidents
- Boating accidents
- Dog bites and animal attacks
- Pedestrian and bicycle accidents
- Wrongful death claims
- Medical malpractice
- Product liability
All personal injury claims are considered torts. However, not all tort cases fall within personal injury claims. A tort claim may also include actions for nuisance, trespass, and defamation.
Proving Tort and Personal Injury Claims in Louisiana
Both tort and personal injury law exist to provide remedies for people harmed by another’s actions. To win a claim, an injured party must establish the required legal elements.
For negligence-based claims, the plaintiff must typically prove four elements:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached that duty;
- The breach directly caused the plaintiff’s injuries; and
- The plaintiff suffered measurable damages or losses.
For intentional torts, the plaintiff must show the defendant acted with the intent to cause harm. Strict liability claims require no proof of intent or negligence—only that the act caused injury.
What Damages Can I Recover for a Tort or Personal Injury Claim in Metairie, LA?
The purpose of tort and personal injury law is to compensate victims for the losses they experience after an accident. In Louisiana, recoverable damages generally fall into two categories: economic and non-economic damages.
Economic damages cover the financial consequences of an injury. These are measurable losses supported by documentation such as bills or pay stubs. Common examples include:
- Medical expenses and future treatment costs
- Lost wages and diminished earning capacity
- Property damage
- Out-of-pocket costs related to recovery
Non-economic damages address the emotional and personal impact of an injury that cannot be easily quantified. These may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of companionship or consortium
Together, these damages aim to make the injured person whole, accounting for both the financial strain and personal hardship caused by another party’s actions.
Filing Deadlines for Tort and Personal Injury Claims in Louisiana
Timeliness is critical in any legal matter. In Louisiana, most tort and personal injury claims must be filed within two years of the date of injury. Failing to meet this deadline, known as the statute of limitations, can permanently bar your right to pursue compensation.
Certain exceptions may extend or shorten the filing period depending on the case’s circumstances. Because timing can be complex, it is best to consult a qualified attorney as soon as possible to protect your rights.
Contact a Personal Injury Lawyer for Help
If you have questions about a personal injury or tort claim in Louisiana, call the Law Office of John W. Redmann, L.L.C. for a free consultation with a Metairie personal injury lawyer. We help injured victims and their families seek fair compensation for the harm they have suffered because of another party’s actions.
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202, Metairie, LA, 70002
(504) 500-5000
The Law Office of John W. Redmann, LLC – Gretna, LA Office
1101 Westbank Expy, Gretna, LA, 70053
(504) 384-8053
