If you sustained injuries in an accident, it is imperative that you have experienced legal counsel. Having a Lafayette personal injury lawyer at the Law Offices of J. Price McNamara by your side will help to ensure that you protect your rights.
You May Be Able to Receive Damages for Your Injuries
- Medical expenses
- Lost wages
- Pain and suffering
What Is a Personal Injury Claim?
The term “personal injury” can cover any number of different injuries, and each injury has unique circumstances. One type of personal injury claim may make you eligible to receive compensation, while another type may not. A qualified Lafayette personal injury lawyer will consequently examine the facts and circumstances that led to your specific injury to determine what type of case you have.
Below are a few different types of injuries which may be appropriate for a suit.
If you have been injured as a passenger in a car accident, you may have a claim against the driver’s insurance company. This is true regardless of whether the driver of your car was at fault, or if the driver of another vehicle is at fault. Also, if you were the driver, and your car was in an accident, you may have a legitimate personal injury case even if you were partially at fault.
Slip and Falls
As your Lafayette personal injury lawyer can tell you, property owners have a duty to keep their property free from hazards, and otherwise safe.
Two different types of situations where an injured party can recover damages in slip and fall cases are:
- The property owner knows about an obstruction and does nothing about it. In this case, you may be able to hold them liable for your injuries.
- The property owner says they didn’t know about the obstruction. However, a similarly situated person would have known about the obstruction. In this case, you may be able to hold the property owner liable.
Injuries Caused by the Negligence of Others
People are expected to exercise due care in their daily lives. This means they have an obligation to care for the safety of others. If someone fails to exercise due care, and as a result causes injury to another person, the injured person may be entitled to compensation.
Dog Bite Injuries
If you have been bitten by a dog, the dog’s owner is likely liable for that injury. This is true regardless of whether the dog bite occurred on your property, on public property, or even on the property of the dog owner.
Medical Malpractice Claims
Medical malpractice cases arise out of incompetent medical care or unreasonable medical care. In order to determine whether or not you have a claim, your Lafayette personal injury attorney will examine your case, as well as the standard of care exercised. He will look for three major areas that cover most medical malpractice claims:
1) Lack of Informed Consent
Lack of informed consent could mean either:
- The medical professional failed to fully inform you of the benefits and the risks of a given medical procedure; or
- Alternatively, the medical professional performed a procedure on you against your wishes.
2) Mistakes in Treatment
In order to have a legally actionable claim based on mistakes in treatment, you case must meet two elements:
- There must have been a mistake in the treatment of a condition; and,
- A reasonable, competent doctor would not have made that mistake in treatment.
3) Improper Diagnosis
Similar to the above, you must meet these two elements:
- The diagnosis was improperly made; and,
- A reasonable, competent doctor with the same information would not have made that same mistake and would have made the correct diagnosis.
Your Lafayette personal injury lawyer will retain an appropriate medical expert from the field in question to review the facts and circumstances of the case.
Business owners have a duty of care to their employees. Your employer has an obligation to make sure the workplace is safe. This includes providing proper protective equipment when handling dangerous chemicals. It also includes providing a hard hat where appropriate.
Work-related injuries also occur in cases of falling, for example, where there is unattended water on the floor. Another common workplace injury occurs if someone falls off a platform because it lacked proper securing with a banister or railing of some type. Generally, if you suffered from a work-related injury, you may file a claim with Workers’ Compensation.
Defective Product Injuries
Injuries and deaths from defective products can provide the basis for a legal claim. Examples of defective products include:
- faulty brakes on your car
- medical product or device that malfunctions
- clothing that is not properly flame retardant
- playground equipment
Maximize Compensation With a Lafayette Personal Injury Lawyer Today
If you or a loved one suffered injuries in an accident, contact an experienced Lafayette personal injury lawyer who will fight for your best interests. You and your attorney can discuss the specific facts and circumstances of your case, determine whether you have a claim, and estimate the value of your claim. Call the Law Offices of J. Price McNamara today.