If you have been injured and are seeking the compensation you need to get back on your feet, an experienced Donaldsonville personal injury lawyer could make all the difference. J. Price McNamara understands that personal injury claims demand aggressive and immediate action by a team of skilled and knowledgeable legal professionals so that you may obtain the compensation you deserve.
Compensations You Could Be Entitled To
When determining your eligible compensation, a variety of factors must be considered. A Donaldsonville personal injury lawyer will evaluate your claim, assess your injuries, and then determine whether you have a viable personal injury claim based on your case’s facts and circumstances.
Your Potential Damages
If you are entitled to monetary compensation, or damages, then your Donaldsonville personal injury lawyer will help you recover economic and, if applicable, non-economic damages.
Economic damages are objectively verifiable monetary losses, like:
- Past and future medical expenses and/or lost wages
- Out-of-pocket expenses
- Economic value of domestic services
Non-economic damages are subjective, non-monetary losses, such as:
- Pain and suffering
- Loss of society, companionship and/or consortium
Personal Injury Due to Negligence
When a person fails in their duty or obligation to act in a safe manner or with proper care to not cause other people injury, that person is negligent. If that person’s negligent conduct caused your injury, you may be entitled to recover damages. Common injuries resulting from negligence include automobile accidents, work accidents, injuries from a slip and fall accident, medical malpractice, injuries resulting from defective products, and animal attacks.
Injuries from Motor Vehicle Accidents
Motor vehicle accidents commonly result in personal injuries. One of the main issues in these types of personal injury cases is determining who is at fault. Louisiana permits people who are partially at fault to still recover damages; however, their compensation will be reduced by the percentage of responsibility. Additionally, as a passenger, you are entitled to recover compensation from not only the other parties to the accident, but also the driver of the vehicle you were in.
Injuries from Accidents at Work
If you were injured at work, your injury could be caused from your employer’s failure to provide its employees with a safe work environment. For example, an employer’s duty may include providing:
- Hard hats in areas were hard-hats are appropriate
- Proper safety gear and equipment where employees handle hazardous chemicals or dangerous equipment
- Banister or railing securely attached to a platform
- Proper warning signs or timely cleaning up liquid on the floor
Generally, if you were injured at work, you would file a Workers’ Compensation claim. A Donaldsonville Personal Injury Lawyer at the Law Offices of J. Price McNamara can help you review your claim to get you the compensation you need.
Injuries from a Slip and Fall
Owners of property also have an obligation to people on their property. They must be aware of any dangers or hazards on their property and, if any, either remedy or provide adequate warning signs of those dangers and hazards. Owners are held liable if they:
- Knew of the danger but failed to properly warn or remedy it, or
- Denied knowledge of the danger but should have known of it.
Injuries from Medical Malpractice
A medical malpractice claim arises if your injury was caused by your medical professional’s incompetence or unreasonable medical care. There are three factors in determining whether you have a viable medical malpractice claim:
1) You Were Improperly Diagnosed
Your Donaldsonville personal injury lawyer can argue improper diagnosis if:
- Your medical professional made the wrong diagnosis; and,
- That mistake would not have been made and the correct diagnosis would have been made by a reasonably, competent doctor with the same information.
2) Lack of an Informed Consent
Your Donaldsonville personal injury lawyer can argue a lack of informed consent if your medical professional:
- Failed to fully inform you of all the risks and benefits of the medical procedure; or,
- Performed the procedure against your wishes.
3) Mistakes In your Treatment
Your Donaldsonville personal injury lawyer will argue a mistake in treatment if:
- While treating your condition, your medical professional made a mistake, and
- That same mistake would not have been made by a reasonably, competent medical professional.
There are some statutory situations where Louisiana holds a person strictly liable for your injuries even if that person was not negligent.
Injures From a Dog
Dog owners are held strictly liable for injuries caused by the owner’s dog, including dog bites and mauling, if:
- They could have prevented the injury; and,
- Your injury was not a result of you provoking the dog.
Injuries from Defective Products
Strict liability also extends to manufacturers, who could be held responsible for your injuries if your injuries were caused by the manufacturer’s unreasonably dangerous product that was used in a reasonably anticipated manner. Products could be unreasonable dangerous:
- During its design or specification stage;
- During the manufacturing, composition or construction stage;
- From failing to provide adequate warnings of the dangers; or
- From nonconformity of the manufacturer’s express warranty.
Contact a Donaldsonville Personal Injury Lawyer
If you were injured in an accident, you should immediately contact the Law Offices of J. Price McNamara. You only have a year from the date of your accident/injury, or when you discover a defective product caused your injury, to file suit. Call (504) 458-8455 to speak to a seasoned Donaldsonville personal injury lawyer today.