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Understanding Louisiana Personal Injury Law

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If you’ve been injured in an accident, you’re likely wondering what happens next. Firstly, it is vitally important that you look after your health and seek immediate medical attention to treat any serious injuries. Even if you think that you only have minor injuries, it is still important to get professional medical care, as certain injuries may worsen with time. Not only that, but failure to seek medical treatment following an accident injury could result in your personal injury case being devalued or dismissed.

Depending on the facts of the particular accident that caused your injuries, it is possible to recover a settlement from the at-fault party’s insurance provider or from the at-fault party themselves by filing a personal injury lawsuit. To secure financial recovery for your accident injuries, certain requirements must first be met. Among the requirements for a successful personal injury case is the need to establish negligence (or fault) on the part of the accused. This can be a challenge, especially while you are recovering from serious injuries or grieving the loss of a loved one following a wrongful death accident. That is why it is highly recommended to retain professional legal counsel from experienced personal injury attorneys.

Our law firm has years of experience representing personal injury cases in and around the Lafayette area. To discuss your legal options going forward, please contact our Lafayette law office to schedule your free initial consultation today.

What is Negligence?

In most situations in day-to-day life, everyone owes a certain duty of care to others. For example, a motorist has a specific duty of care not to bring harm to other motorists on the roadways and to drive their motor vehicle with caution and safety in mind. If a breach of this duty of care occurs, this could be construed as negligence.

If negligence results in an accident, and that accident caused injuries that resulted in economic losses, you may have a strong foundation for a personal injury case.

Is Louisiana a Comparative Negligence State?

Louisiana is a pure comparative negligence state (also known as pure comparative fault). What this means for accident victims is that multiple parties could potentially hold liability for causing a personal injury accident.

When the facts and evidence are examined in a personal injury case, your judge will determine the percentage of negligence on each party’s behalf.

Under pure comparative negligence laws, it is possible for accident victims to be held partially responsible for the accidents in which they suffered injuries. For example, if you were 30% negligent for causing the accident, then you would see your maximum compensation reduced by that 30%.

In Louisiana, parties are eligible to recover compensation for accident cases as long as they are not 100% at fault for causing the accident.

What Are Common Personal Injury Accidents?

At our law firm, we see personal injury cases of all sorts. A personal injury happens when someone is hurt physically, emotionally, or financially because of the negligent or malicious actions of someone else.

Personal injury cases we represent include, but are not exclusive to, the following:

  • 18-wheeler accidents.
  • Assault and battery.
  • Bicycle accidents.
  • Car accidents.
  • Dog bites and animal attacks.
  • Maritime accidents.
  • Medical malpractice accidents.
  • Motorcycle accidents.
  • Oil field accidents.
  • Premises liability accidents.
  • Product liability cases.
  • Slip and fall accidents.
  • Workplace accidents.
  • Wrongful death cases.

If someone else was to blame for causing the incident, then you may be eligible to recover compensation. Those in pursuit of financial compensation are highly encouraged to retain professional legal representation from experienced Louisiana personal injury lawyers. To discuss your personal injury case in more detail, please contact our Lafayette law office to schedule your free case review today.

Do You Have a Valid Personal Injury Claim?

Did someone else cause your injury through negligence, recklessness, or malicious intent? And did that injury result in financial losses like medical bills or lost wages? If so, you may have the makings for a strong personal injury claim.

In order to be sure that you have a personal injury claim that will stand up in court, it is highly recommended that you speak first with professional legal representation experienced in handling Louisiana personal injury cases. Our law firm has extensive experience in personal injury law and would be proud to represent your legal rights in pursuit of financial recovery.

What if You Were Partially Responsible for Causing the Accident?

If you are partially responsible for causing the accident, you still have the chance of recovering financial compensation. Louisiana is a pure comparative negligence state. That means that unless you are 100% at fault for the accident, you could recover compensation for your injuries.

However, please note that the more fault and negligence you have for causing the accident, the more your full settlement will be reduced.

Is There a Time Limit for Filing Personal Injury Claims in Louisiana?

There is a strict statute of limitations for filing personal injury cases in Louisiana. If you do not file your personal injury case within one year of the date of the accident that caused the injury, your case may be summarily dismissed.

You must file your personal injury claim within a year of the accident if you hope to recover damages. Do not delay in contacting our law offices to discuss your case in more detail.

What Sort of Financial Compensation Can Be Recovered in Personal Injury Cases?

With a successful personal injury lawsuit, it is possible to recover both economic and non-economic damages.

Economic damages can help compensate you for the following:

  • Past medical bills and future medical expenses.
  • Lost wages and lost income earning capacity.
  • Property damage and vehicle repairs.
  • Physical therapy expenses and rehab.
  • Funeral, memorial, and burial expenses in the event of a fatal accident.

Non-economic damages can provide compensation for the following:

  • Emotional distress.
  • Mental anguish.
  • Lost companionship or consortium.
  • Loss of quality of life or enjoyment of life.
  • Pain and suffering.
  • Disfigurement, disability, and dismemberment.
  • Wrongful death.

There may be damage caps on certain types of personal injury cases, such as medical malpractice cases.

In certain situations of abject cruelty, wanton recklessness, and malicious intent, it may also be possible to pursue punitive damages in your personal injury case.

Schedule a Free Case Evaluation with Experienced Personal Injury Attorneys Today

Louisiana personal injury law can be complicated and overwhelming. You want a lawyer who is experienced in the state’s personal injury laws to help guide you and your case through the legal process. Landgrave Garcia Injury Attorneys is staffed by a highly skilled legal team with extensive experience handling personal injury cases in and Around Lafayette, Louisiana.

Our law firm offers free, no-obligation case evaluations to prospective new clients interested in learning their legal options following a personal injury accident. Every case is unique, and we tailor our legal services to meet your needs. As your attorneys, we will contend with the insurance companies, gather evidence to support your personal injury claim, argue your case against the defense, and represent you in court. All the while, you will be given time to rest and recover from your injuries.

To schedule your free consultation, please contact our Lafayette Law Offices at 337-242-7604.


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