An injury lawsuit in Louisiana can take time, and the length of the case can affect the final amount. A state statute adds legal interest to certain judgments, and it starts counting on a specific date. Knowing how that interest works matters for anyone with an injury case in Metairie.
Louisiana Law Adds Interest to Injury Judgments
La. R.S. 13:4203 provides that legal interest attaches from the date of judicial demand on judgments sounding in damages ex delicto. That phrase refers to damages for harm caused by another person’s wrongful act, the category that includes crash and fall injuries. The statute applies to judgments rendered by any court, so the rule isn’t limited to one kind of case or one court.
Interest Starts on the Date of Judicial Demand
Judicial demand is the formal request for relief that a lawsuit makes. Interest doesn’t wait until the judgment is signed. The statute counts it from the demand forward, so the filing date matters to the total.
Filing later means the interest starts later. Because the petition sets that date, how and when a person goes about filing an injury claim can affect the total.
The Rate Is Set Each Year
Section 13:4202 sets the method for judicial interest. On the first business day of October, the Commissioner of Financial Institutions looks at the discount rate approved by the Federal Reserve Board of Governors. The judicial interest rate for the following calendar year is 3.25 percentage points above that discount rate.
The rate for the next year is then published in December, in the Louisiana Bar Journal, the Louisiana Register, and newspapers in seven cities. Anyone tracking a case can check the published rate for the year in which interest accrues.
Interest Depends on a Judgment
The statute speaks of judgments. A case that ends in a settlement is handled differently, because the parties negotiate the terms. Parties also negotiate whether interest will be part of the amount, and the final number depends on the terms of the agreement. Interest is one point to consider when comparing a settlement offer with the possible result of a trial.
Records Help Track a Case
A case file should show dates clearly. Documents worth keeping include:
- The date the petition was filed
- The judgment and any later orders
- Settlement offers and the dates they arrived
- Medical bills and lost income records
Anyone weighing an offer can ask a Metairie personal injury lawyer to compare the offer with the likely outcome in court. That comparison is easier when the dates and amounts are already organized.
Interest Is One Part of an Award
Interest adds to a judgment, but it doesn’t replace the damages themselves. A negligence claim can cover several types of damages, and the interest is added to whatever is awarded.
Treatment still to come is another piece of an award. Anyone valuing a claim has to account for future medical expenses as well as interest.
Different Injuries Raise Different Questions
The same interest statute applies to judgments in any tort case. Drivers hurt in a collision can work with a Metairie car accident lawyer on fault and insurance.
Motorcycle crashes raise a separate set of issues. Riders can rely on a Metairie motorcycle accident lawyer to apply those issues to their own case.
People hurt in a fall on someone else’s property raise premises questions. They can turn to a Metairie trip and fall lawyer to examine who controlled the property.
How We Handle Injury Cases
Kiefer & Kiefer works with injured people in any type of personal injury, including dog bites, trip and falls, slip and falls, burns, electrocutions, chemical exposure, brain injuries, and amputations. Our firm has over 40 years of experience, and we represent plaintiffs, victims, and injured parties. There is no fee unless we recover for you.
Where to Begin With a Louisiana Claim
Keep every date, bill, and letter in one place, because those records drive the timeline. To understand how a lawsuit and its interest would work after an injury in Metairie, speak with us about your situation, and a Metairie personal injury lawyer can walk through the steps from filing to judgment.
