Your finances are the last thing you want to worry about after suffering injuries in an accident. An experienced Jennings personal injury lawyer can help you obtain the monetary compensation you deserve for your injuries and losses. J. Price McNamara understands the importance of swift and aggressive action so you can focus primarily on healing.
Compensation You Deserve
To calculate your eligible compensation, or damages, you must consider a number of factors, such as who hold responsibility for the accident and the claimed injuries and other damages. In evaluating your personal injury case, a knowledgeable Jennings personal injury lawyer will review the facts and circumstances of your claim and assess your potential damages.
Your potential damages includes economic and non-economic damages. Economic damages are monetary losses that are objectively verifiable and calculable, which may include:
- Medical expenses
- Lost wages
- Out-of-pocket expenses
- Domestic services’ economic value
Non-economic damages are subjective, non-monetary losses, which may include:
- Pain and suffering
- Loss of consortium, companionship, and/or society
If a person’s negligent conduct caused your injuries, you may be able to receive compensation. A person is negligent if they fail to exercise reasonable care to avoid causing another person an injury that is foreseeable. There are several common personal injury claims based on the negligence theory, which are briefly discussed below.
Motor Vehicle Accidents
The most common personal injury claims are injuries from motor vehicle accidents. To obtain compensation, you must first prove who is at fault for the accident. This may be difficult to determine if multiple people are involved or if you were partially at fault. Louisiana does permit recovery if you are partially at fault; however, your damages would be reduced by the percentage of your liability. Another issue may be determining from whom you are entitled to receive compensation. For instance, an injured passenger may recover compensation from the driver of the vehicle and from other parties.
Work injuries are frequent and could be caused by a variety of reasons. For instance, your injury could be due to your employer’s failure to provide you with a safe work environment. For example, your employer’s duty may include providing:
- Hard hats in hard-hat appropriate areas
- Proper safety equipment and gear
- Platforms with securely attached railing or banister
- Timely remediating or placing warning signs of any hazards
Rather than filing a personal injury claim if you were injured at work, you should file a Workers’ Compensation claim with the help of a qualified Jennings personal injury lawyer.
Slip and Fall Accidents
Property owners owe a duty to protect people from harm caused by dangers and hazards on their property. The courts could hold them responsible for your injuries if they:
- Knew of the danger on their property but did not properly warn or remedy it; or
- Should have known of the danger but denied knowledge it.
Medical Malpractice Injuries
A medical malpractice claim arises from a medical professional’s incompetence or unreasonable medical care if their conduct falls under one of three elements:
1) Improper Diagnosis
A Jennings personal injury lawyer will show your medical professional’s improper diagnosis rises to the level of medical malpractice if:
- Your medical professional diagnosed you incorrectly; and,
- A reasonably, competent doctor with the same information would not have made that mistake and would have diagnosed you accurately.
2) Lack of an Informed Consent
Lack of informed consent rises to the level of malpractice if your medical professional:
- Failed to inform you of all the risks and benefits of your medical procedure; or,
- Performed the procedure against your desires.
3) Mistakes In Treatment
Mistake in treatment rises to the level of malpractice if:
- Your medical professional made a mistake while treating you; and
- That mistake would not have been made by a reasonably, competent medical professional.
Strict Liability Theory
There are statutory circumstances when Louisiana imposes liability without regard to fault (strict liability). We discuss some examples briefly below.
Dog Bite Injuries
Dog owners are strictly liable for dog bite injuries if:
- They could have prevented the injury; and,
- Your injury was not the result of you provoking the dog.
Defective Products Injuries
Manufacturers are held strictly liable if your injuries were caused by their unreasonably dangerous product used in a reasonably anticipated manner. A product becomes unreasonably dangerous, or defective:
- During the design stage;
- During the manufacturing or constructing process;
- From failing to adequately warn of the product’s inherent dangers; or,
- From failing to conform to the manufacturer’s express warranty.
Contact a Jennings Personal Injury Lawyer
If you suffered injuries in an accident, contact a Jennings personal injury lawyer with the Law Offices of J. Price McNamara immediately. Personal injury lawsuits has a filing deadline of a year from the date of your injury/accident, or when you discover a defective product caused your injury. Call (504) 410-7673 today for a free consultation.