A personal injury claim is filed to recover the cost of damages you suffered due to another party’s negligence or recklessness. While the compensation recovered in this claim is often crucial to your continued physical and financial well-being, it is hard to file the claim while you are injured. A Metairie personal injury lawyer can handle your claim for you, securing the most beneficial outcome while you recover.
Personal injuries are costly, resulting in medical bills and losses of income you may be unable to earn while injured. Some injuries are severe enough to require long-term at-home care and prevent you from working for the rest of your life. These losses must be valued and compensated appropriately.
You may have suffered a personal injury due to injuries from medical malpractice, a car accident, or dangerous premises. Each type of personal injury claim has unique requirements and must be handled with skill and care. You need to find the right attorney who can recover fair compensation for your circumstances.
Effective Legal Representation in Metairie
It can be hard to select the right personal injury attorney while you are injured or taking care of a loved one. You want to find an attorney with the experience and compassion to provide you with comprehensive legal support. The team at BROUSSAR LAW has decades of legal experience, and we always uphold our clients’ interests. We understand how painful and stressful this situation is, and we want to ease your stress as much as possible.
It is much easier to manage a personal injury claim with an experienced attorney, and it is also more likely to be successful and recover the maximum compensation possible. We work to get the evidence needed to prove the other party is at fault. Our team calculates your damages and fights for fair compensation that covers your needs. We want to support you and your family during this turbulent time.
When Is an Injury a Personal Injury Claim?
Not all injuries result in valid personal injury claims. You may have a valid personal injury claim if another individual or party caused your injuries due to carelessness and your injury caused you financial and emotional damage. Another party can be responsible for your injuries even if they did not intend to cause you harm. If they owed you a duty of care for your safety, failed to uphold that due to negligent actions, and caused your injury as a result, they can be held liable.
When another party is liable, it means they are legally and financially responsible for your damages. Damages may include your medical bills and your lost income. The costs of an unexpected injury can be staggering, and you should not have to pay for those costs when the injury was someone else’s fault.
Gathering Evidence for a Claim
A comprehensive investigation of the incident is necessary to determine the cause, the party at fault, the percentage of liability all parties carry, and the damages you suffered. Some of the important evidence comes from:
- Police and other first responder reports
- Eyewitness testimony and interviews
- The other parties involved in the accident
- Photos and videos of the accident and aftermath
- Professional analysis of the accident
- Any physical evidence of the scene
- Information about injuries and other medical documentation
- Receipts from any other losses
The amount of evidence that can be secured for your case is crucial to its success. Working with an attorney is beneficial, as they have the resources and ability to thoroughly investigate the accident or incident of your injury. You will be unlikely to gather the necessary evidence to support your claim without an attorney.
Damages Available in a Personal Injury Claim
If the other party is proven to be entirely at fault for your injuries, you can recover all of your damages from that party. Depending on the exact damages you suffered, this may include coverage for the following damages:
- Medical Bills: Any costs that came directly from your injury, such as hospital transportation, surgeries, and physical therapy, can be covered by a personal injury claim. The claim can also cover anticipated medical complications from the type of injury you suffered.
- Lost Income and Earning Potential: These damages apply when you take time off work to recover and do not earn your typical income or if you are disabled and unable to begin working again.
- Property Damage: If your property was damaged or destroyed in the accident, such as your vehicle in a car accident, a personal injury claim could recover those financial losses.
- Noneconomic Damages: These damages are for emotional and psychological losses, such as pain and suffering, loss of companionship, disfigurement, and loss of enjoyment of life.
Even if you are partially responsible for your injuries, you can still recover a portion of your damages. As long as you are not entirely responsible, you can receive a limited percentage of your damages from the party who caused your injuries.
An attorney can help you accurately value the damages you suffered and determine a fair division of fault between parties. Many injured individuals underestimate how much they can recover in a claim. This can cause them to accept settlements from the other party that only cover current losses and do not consider the long-term financial fallout from the injury. Having an attorney by your side can help prevent you from making this mistake.
Types of Accidents that Result in Personal Injuries
Personal injury claims can arise in many different situations and can be the result of another party’s negligence, recklessness, misconduct, or illegal actions. Many types of accidents, injuries, and illnesses have the potential to be caused by the fault of another party. Some of the most common causes of these cases include:
- Car accidents
- Truck accidents
- Bicycle and pedestrian accidents
- Motorcycle accidents
- Drunk driving accidents
- Workplace injuries
- Construction site accidents
- Maritime injuries
- Hazardous exposure illnesses
- Slip-and-fall and premises liability injuries
- Medical malpractice
- Defective products
Each type of personal injury can cause many types of injuries and may need to be investigated differently. Talk with a prospective attorney about their experience with accidents like yours and with the type of injuries you have sustained. This can help you determine their abilities.
How Can an Attorney Help With a Personal Injury Claim?
Your claim is likely to be more successful and secure you significantly more compensation than if you approach it without an attorney. An attorney has experience with personal injury claims and can leverage this experience in your favor, determining the damages you are owed and using firm resources to investigate the fault for your injury. Insurance providers are often involved in these claims, and their intention is to provide you with as little compensation as they can.
An attorney knows how to talk to and negotiate with insurance companies. Your attorney will enter negotiations knowing what your claim is worth, and can take your claim to trial if the insurance adjuster will not provide a fair and reasonable settlement. Going to court is more expensive, but can also recover you significantly more compensation.
Attorneys are skilled negotiators and litigators. When an attorney is a strong litigator, it can encourage better outcomes in negotiation because the insurance provider knows the case could proceed to trial. Rather than having to deal with stressful negotiations yourself, you can feel assured that the claim is being managed and your interests are being protected. If the claim does go to trial, a skilled litigator is essential to defend your rights and secure you fair compensation.
Louisiana laws are complex and frequently changing. An attorney’s job is to be on top of those legal changes and know how they affect you. An attorney’s legal knowledge helps with every facet of your case, from investigation methods to filing deadlines.
Wrongful Death Claims in Metairie
A wrongful death claim is a type of personal injury claim. Unfortunately, not all individuals injured by another party’s negligence survive those injuries. When these individuals would have been eligible for a personal injury claim, their surviving loved ones can file a claim and recover specific wrongful death damages in their place. There are specific family members who can file this claim and recover damages, such as:
- Medical bills incurred before death
- Funeral costs
- Burial or cremation costs
- Loss of financial support of the deceased
- Loss of benefits, inheritance, retirement, and more
- Loss of companionship or consortium
Although these cases have unique damages to other personal injury claims, they must still be handled with care and thoroughly investigated like any personal injury claim.
Time Limits in Filing a Claim
There are short time limits to file a claim for personal injury or wrongful death in Louisiana. Acting as soon as possible is important. If the time limit, or statute of limitations, on civil action expires, you will be unable to recover compensation through court. Negotiations will end, and you will be unable to get any damages to cover your losses. While there are some unique situations where this time limit can be extended, it is important that you work with an attorney to address your case quickly.
The earlier you discuss your case with an attorney, the more time they have to investigate and negotiate before the statute of limitations. By waiting too long, you give your attorney less time to build a strong claim. You also may lose important evidence as time passes. Your claim will be more successful by discussing it with an attorney as soon as you can.
FAQs:
How long a personal injury lawsuit takes in Louisiana varies significantly and relies on factors such as:
- Evidence: If there is significant evidence to back up your case, such as CCTV and medical documentation, the other party is more likely to settle for a fair amount.
- Attorney Skill: An attorney that is more experienced in personal injury law, in negotiation, and in court is likely to resolve a case more efficiently.
- Case Complexity: The more complex your case is, the longer it is likely to take.
Yes, Louisiana has a statute of limitations for a personal injury. It is a set period of time after an injury occurs that the injured party has to file a claim. If the injured party does not file a personal injury claim within that time, they are barred from recovering compensation. If you are in negotiations regarding a personal injury settlement, it’s important to keep this deadline in mind. If the other party does not reach a fair settlement with you, your attorney can recommend the right steps.
Personal injury damages in Louisiana include any damages that the injured party suffered due to their injury. This may include:
- Medical bills, past, current, and expected
- Property damage repair and replacement costs
- Lost income during recovery
- Lost earning potential due to disability or other long-term effects of the injury
- Noneconomic damages, including physical pain, emotional trauma, and loss of enjoyment of life
The damages that your personal injury claim covers depends on the severity of the damages you suffered and the percentage of fault of the at-fault party.
Yes, you can sue for pain and suffering in Louisiana. Pain and suffering is a form of noneconomic damages, which are recognized losses in court despite not having a set monetary cost to the victim. These damages include disability, emotional trauma, and loss of quality of life. The severity of your noneconomic damages is typically proportional to the severity of your economic damages. If you are unsure whether your case qualifies for pain and suffering damages, talk with an attorney.
Compassionate and Skilled Metairie Legal Support
Personal injuries can have devastating personal and financial consequences for individuals and their families. Legal support can get you the compensation you are owed from an at-fault party. The attorneys at BROUSSARD LAW fight for you. When you or a loved one has been injured because of another’s negligence, contact our firm and see how we can help.
Troy G. Broussard
For more information or to schedule a free consultation with Mr. Broussard, please contact us 504 835-9491.