Every premises liability case is different and has varying values and losses to consider. Even the smallest differences in a case could create large differences between two similar lawsuits. There is no such thing as an average settlement or total amount that someone can win in court because of the multitude of factors affecting the outcome. A skilled premises liability attorney at Tomeny | Best is familiar with these details and could help you understand your case.
You may not be sure if you have a legitimate claim even if you are suffering from serious injuries. You might blame yourself for being in a place where you got hurt. The most important detail is to determine how to prove that someone else is responsible for your injuries. You do not have to do that alone. A lawyer with extensive experience could inform you about possible damages in a Baton Rouge premises liability case.
What To Know About Damages
There are two main types of damages available in Baton Rouge premises liability cases.
Special Damages
Special damages have receipts or monetary amounts documenting the costs. Some examples include present and future relevant medical bills and loss of income.
General Damages
General damages are subjective. They include concepts like mental anguish, pain and suffering, and reduced quality of life.
The Factors Affecting A Damages Award
There are many factors that can impact the damages that an injured person might be entitled to. The most important detail is that an injured person must be able to prove that someone else was negligent and was responsible for their injuries. Three elements of negligence that must be proven:
- The property owner owed a genuine duty of care to the plaintiff that was violated
- The owner’s conduct caused the party’s injuries
- The injured person endured legally recognized injuries because of negligence
Louisiana’s statute of limitations is an important factor that can affect damages. The statute of limitations is a law setting a time limit regarding when someone can file a lawsuit regarding a certain issue. If a person misses the time period that applies to their case, then they could lose the chance to seek compensation. In Louisiana, injured parties have one year to file their lawsuit and seek financial recovery for their losses from the date of injury.
Louisiana is also one of several states that follow the pure comparative negligence model, which allows an injured person to recover compensation even if they are mostly at fault for the accident. That means that if a person is 99% responsible, they could recover damages equal to 1%.
Insurance companies and the other side’s attorneys will try to fight back to reduce the amount of compensation they have to pay. As a result, it is important to have a Baton Rouge lawyer on your side who knows how to win maximum damages in premises liability cases.
Contact a Baton Rouge Premises Liability Attorney Today to Pursue Damages In Your Case
Many factors can impact how much you win when you file a premises liability lawsuit. Insurance companies will do their best to place blame on you to avoid paying you what you truly deserve. This is why it is crucial to have an experienced attorney on your side to support you.
Do not allow your medical bills and expenses to increase without getting legal help. You deserve to have someone who has the legal expertise to help you win damages in a Baton Rouge premises liability case. Call an attorney at Tomeny | Best today to understand your best legal options with a free consultation.
