If you sustained injuries due to someone else’s negligence, you need to make sure you have the best legal care at your disposal. A New Orleans personal injury lawyer at the Law Offices of J. Price McNamara will ensure that your rights are protected.
If You Have Suffered Injuries
- Medical expenses
- Lost wages
- Pain and suffering
Types of Personal Injury Claims
“Personal injury” is an umbrella term that covers any number of different circumstances. Every injury is unique. What may not qualify as the type of personal injury that may be compensable in one case may very well be compensable in another case. You should therefore speak to a qualified New Orleans personal injury lawyer as soon as possible about the facts and circumstances that have led to your injury.
Below are a few different types of injuries which fairly routinely qualify as the type of personal injury claim that may be appropriate for a suit.
If you sustained injuries 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. Additionally, if you were a driver of a car, and that car was in an accident, you may have a legitimate personal injury case. This may be so even if you were partially at fault.
Slip and Fall Accidents
As your New Orleans personal injury lawyer can tell you, property owners have a duty to keep their property free from hazards, and otherwise safe.
There are two different types of situations where an injured party can recover damages in slip and fall cases.
- If a property owner knows about an obstruction and does nothing about it, they may be liable for your injuries.
- If the property owner says they didn’t know about the obstruction, but a similarly situated person would have known about the obstruction, the property owner can be liable.
If you have been bitten by a dog, the dog’s owner is liable for that injury in many cases. This is true regardless of whether you were bitten on your property, on public property, or even on the property of the dog owner.
Medical malpractice cases arise out of incompetent medical care or unreasonable medical care. Your New Orleans personal injury attorney will examine your case, as well as the standard of care exercised, to see whether or not you have a claim. He will look for three major areas that cover most medical malpractice claims:
1) Lack of Informed Consent
This could mean one of two things:
- The medical professional failed to fully inform the patient of the benefits and the risks of a given medical procedure.
- Alternatively, if the medical professional performed a procedure on a patient against a patient’s wishes, this can be the basis for a suit.
2) Mistakes in Treatment
This can occur on any patient, and with any medical professional. In order to have a legally actionable claim, your 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
This has a similar test to mistakes in treatment:
- 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.
In each of these cases, your New Orleans personal injury lawyer will retain an appropriate medical expert from the field in question to review the facts and circumstances of the case.
Just like property owners, 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 in areas where a hard hat is appropriate.
Work-related injuries also occur in cases of falling — where there is unattended water on the floor, for example. Another common workplace injury occurs when one falls off a platform that is not properly secured with a banister or railing of some type. Generally, if you suffered from a work related injuries, you may file a claim with Workers’ Compensation.
Injuries Caused by a Defective Product
Injuries as well as deaths from defective products can be a 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
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 look out for the care and safety of others. If a person fails to exercise due care, and the result causes injury to another person, the victim may be able to receive compensation.
Contact a New Orleans Personal Injury Lawyer Today
If you or a loved one suffered injuries or death in an accident due to another’s negligence, don’t delay. Reach out to a competent New Orleans personal injury lawyer who has your best interests in mind. You and your attorney can discuss the specific facts and circumstances of your case in order to determine whether you have a claim. Call the Law Offices of J. Price McNamara today.