Kenny Habetz Injury Law | November 26, 2024 | Personal Injury

How Is Louisiana Law Different From Other States?

Louisiana has a rich history that influences everything from food and diverse culture to its unique legal system. The Spanish and French settlers heavily influence the Louisiana legal system. Furthermore, Spain and France owned Louisiana at one time.

Many people assume that Louisiana’s civil law system was heavily based upon the Napoleonic Code. However, it was a year after the Louisiana Purchase when the Napoleonic Code was enacted. While it may have influenced the state’s legal system in some ways, a main source of influence is from Spain.

How Is Louisiana Law Different From Other States?

Louisiana is the only state that uses civil law. The other 49 states operate under a common law system. Civil law vs. common law differ in several key ways.

Common Law

Common law includes statutes (codified laws). However, it relies heavily on what we call precedent. Precedent refers to prior court decisions used to decide future cases involving the same or similar legal issues or facts.

Judges rely heavily on case law to decide current cases. They consider statutes in their decision, but they have the discretion to choose relevant precedents to apply in the current case. Precedent often interprets how a statute applies given the facts of a case.

Civil Law

Louisiana operates under civil law. A civil law system is based on codified laws or statutes. The state legislature addresses specific legal issues by creating laws. Judges have the task of interpreting how the law applies to a case.

In civil law, judges do not rely on precedent, although they have discretion to consider precedent. Instead, they use their judgment to interpret the law. Therefore, you could have different interpretations of the same law, and how that law is applied in cases may differ vastly.

Civil law also uses different legal terms than common law. Some examples include:

  • Liberative prescription is used in civil law to describe the time limits to file lawsuits and claims. Common law uses the term statute of limitations.
  • Civil law uses the term delictual actions to describe the common law term personal injury case.
  • A delictual action in civil law is the same as a tort in common law. A tort is conduct that causes harm or injury to someone else. It is a civil wrong that can result in liability for economic and non-economic damages.
  • Movables in civil law are the same thing as personal property in common law.
  • Civil law uses the term reconventional demand to describe a common law counterclaim.
  • Duty-risk analysis is used in civil law to combine the common law tests of duty and proximate cause to establish negligence. It results in one question that the jury must decide instead of two legal elements–does the at-fault party have a duty to protect the injured party from the risk that occurred in this manner?

A Civil Law to Common Law Dictionary explains the different terms used in civil law and common law. Even though the terms may differ, the legal concepts are the same or similar.

Does Louisiana’s Civil Law System Make a Difference in Personal Injury Cases?

Depending on who you talk to, there is no considerable difference between civil law and common law in personal injury law. Today, Louisiana law is a hybrid of civil law influenced by common law. Judges often rely on precedent in personal injury cases, even though they base their decisions on codified laws.

The truth is that personal injury law in any state can be complicated. Complex legal issues can make it challenging to prove another party is responsible for your injuries and damages. The best way to protect your rights is to consult an attorney as soon as possible after an injury or accident.

Get Help With an Accident or Personal Injury Claim in Louisiana

If you have questions about a personal injury claim, call Kenny Habetz Injury Law. We offer free consultations for injured victims and their families. Our experienced Louisiana personal injury lawyers can review your case and discuss your legal options to recover damages. 

Contact the Lafayette Personal Injury Law Firm Of Kenny Habetz Injury Law for Help Today

If you’ve been injured in Louisiana, please call Kenny Habetz Injury Law for a free case evaluation with a Lafayette personal injury lawyer or contact us online.

Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000

Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883