When you suffer a serious personal injury, you will often face expensive medical care, lost time at work, and suffer permanent disabilities. If these injuries occur due to someone else’s negligent or intentional act, you could be entitled to compensation.
If you were hurt by another person’s careless or reckless actions, do not hesitate to contact a Prairieville personal injury lawyer. Our team at Tomeny | Best is dedicated to making things right for you, and we will fight for the payments you need and deserve.
Understanding State Personal Injury Laws
Louisiana law requires personal injury plaintiffs to prove the four elements of negligence in order to recover compensation from an at-fault party. These four elements are a duty of care, a breach of that duty, causation, and damages. The defendant’s intent is not important to a negligence claim. As long as the injured person demonstrates the existence of a legal duty and the other elements, they can recover compensation for their injuries. Defendants will often try and dispute that there was a legal duty, but an experienced Prairieville personal injury attorney could push back and provide evidence of negligence.
What if the Plaintiff is Partially at Fault?
Every state sets its own rules regarding shared liability in personal injury lawsuits. Louisiana follows the comparative fault approach, which means that the court will reduce damages based on the percentage of fault each party is determined to have shared in the accident. For example, if someone drives through an intersection and hits a speeding vehicle, the jury might determine the injured person was partially at fault for the accident because they were speeding. The court would reduce their compensation based on that percentage of fault.
In Louisiana, personal injury victims have one year from the date they suffered their injury to file a lawsuit. Failure to meet this deadline can have serious consequences, including losing the right to recover compensation.
Filing a Lawsuit for Personal Injuries
There are many different claims and injuries that fall into personal injury law. Some examples of personal injury lawsuits include injuries from:
- Car, bicycle, motorcycle, pedestrian, or truck accidents
- Dangerous or defective products
- Slips and falls on hazardous property
- Dog bites
Personal injury plaintiffs can seek compensation for medical bills, long-term care, and lost income associated with an accident. Courts will also award personal injury victims compensation for their pain and suffering or emotional trauma from the incident.
Placing a monetary value on these injuries and losses can be difficult without legal help. A Prairieville injury lawyer could assist in assessing and valuating the damages in a particular case.
Our Prairieville Personal Injury Attorneys Are Here to Help
If you sustained a personal injury due to someone else’s negligence, work with a trusted legal professional. Our team at Tomeny | Best Injury Lawyers understands the ins and outs of civil cases and could assist you with filing a claim and obtaining fair compensation for your injuries.
Sometimes, personal injury cases will settle before a lawsuit is filed. If you are considering settling with an insurance company, consult an attorney. Insurance companies will often try to dispute liability on behalf of their insured or offer less than a claim is worth. A Prairieville personal injury lawyer could review your settlement offer before you accept to ensure you are accepting a fair amount. To learn more about what we could do for you, give us a call today. Your initial consultation is free.
