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Louisiana Civil Code Article 2315 requires every person who harms another to compensate that person for the harm that they have done. There can be many aspects of your injury and losses: Past and future pain and suffering caused by the injuries sustained in the accident. Long-term disability.
Declaratory relief refers to a court's declaratory judgment stating the rights of parties without ordering any specific action or listing awards for damages.
A defendant has 21 days after service of citation to file an answer. If the plaintiff serves discovery requests with his petition, a defendant has 30 days after service of citation and discovery request to file an answer. See La.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
In Louisiana, lawsuits for damages are called Petitions for Damages. Plaintiffs are called Petitioners. The Louisiana Rules of Civil Procedure prohibit Petitioners from stating specific dollar amounts for money damages in the Petition.
Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed.
A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, ...
Non-Economic Loss Non-economic damages, also known as pain and suffering damages, are available in many cases in Louisiana to help compensate injured parties, including for: Physical and emotional pain and suffering. Physical impairment. Emotional distress.