You likely face a variety of challenges after sustaining injuries from an accident. At the Law Offices of J. Price McNamara we understand how your injuries not only affect your health, but also your financial, social, emotional and mental well-being. A St. Francisville personal injury lawyer will work hard to protect your rights so you could focus your energy on recovering.
Fair Compensation For Your Injuries
If you suffered an injury to your body, mind or emotion due to an accident, you may have a personal injury claim against the responsible party and be entitled to fair compensation. Since each case is unique, there are various factors that impact the amount you may expect to be compensated. It is essential that a personal injury lawyer immediately examine your case. He can evaluate your case’s facts and circumstances and help you navigate the claims or litigation process.
Below are two legal theories to obtain compensation, negligence and strict liability, as well as examples qualifying as a legally actionable personal injury claim.
Someone is negligent if he or she fails to take reasonable care to avoid an accident that caused injury or death to another person. Louisiana’s Civil Code (CC) 2316 obligates every person for damages he or she causes because of his or her action, negligence, imprudence or “want of skill.” People are expected to exercise due care; they are obligated to care for the safety of others. You may be entitled to receive compensation, or “damages,” if a person’s breach of this duty causes your injury.
CC 232 outlines Louisiana’s comparative fault laws, which allows you to recover damages from any person responsible for the accident causing your injury irrespective of how big a role your conduct contributed to the accident. Taking your conduct into consideration, Louisiana courts will reduce the amount you may recover from other at fault parties by the percentage of your own fault.
Motor Vehicle Accidents
You may face legal challenges in a motor vehicle accident case, such as:
- Determining who is at fault for the accident
- Determining your injuries, especially if your injuries are pre-existing
- Getting the insurance company to pay a fair compensation
If you sustained injuries as a passenger of a motor vehicle accident, you may file a personal injury claim against any responsible party and the driver’s insurance company irrespective as to whether the driver was at fault.
Slip and Fall Accidents
Property owners and tenants have an obligation to keep their property free of potential hazards. In a slip and fall accident case, you may recover damages if the owner or tenant:
- Knew about the hazard and did nothing to remedy or to notify the public of the hazard, or
- Denies knowledge of the hazard but someone else in their circumstances would have known of the hazard.
Medical Malpractice Claims
Medical malpractice occurs because of incompetent or unreasonable medical care, which falls under three areas:
1) Lack of Informed Consent — occurs if the medical professional:
- Failed to fully inform the patient of the risks and benefits of a given medical procedure, or
- Performed a procedure on a patient against the patient’s wishes
2) Mistakes in Treatment — you must show:
- The medical professional must have made a mistake in the treatment of your condition; and,
- A reasonable, competent doctor would have not made the same mistake.
3) Improper Diagnosis — you must show:
- The diagnosis was made improperly; and,
- A reasonable, competent doctor with the same information would not have made the same mistake and would have made the correct diagnosis.
A St. Francisville personal injury lawyer will examine the standard of care and retain an appropriate medical expert to support your medical malpractice claim.
In certain situations Louisiana will hold parties strictly liable for your injuries without the requirement of proving negligence.
Dog Bites and Other Injuries
Louisiana specifically hold dog owners strictly liable for damages for any injury the dog causes to a person or property if:
- The owner could have prevented the injury; and,
- The injury did not result from your provocation of the dog.
This is true irrespective of where the injury occurred. Although dog owners are strictly liable for their dog’s behavior, other domestic animal owners are only liable for their pet’s behavior if the injury occurred because of the owner’s negligence.
Manufacturers could be held strictly liable for damages caused by an unreasonably dangerous product used in a reasonable anticipate manner. A product is unreasonably dangerous by:
- It’s design
- In manufacturing, construction or composition
- Due to failure to adequately warning
- Because the product did not conform the an express warranty of the manufacturer
Examples of defective products include faulty airbags or brakes, malfunctioning medical product or device, or playground equipment.
Employers have a duty to provide a safe work environment for their employees. If you were injured while performing your duties or while at your workplace, you may file a Workers’ Compensation claim against your employer for your injuries without needing to prove fault; however, you cannot sue your employer for compensation for those injuries.
Your St. Francisville personal injury lawyer will help you recover monetary damages for your economic (calculable) and non-economic (not readily calculable) losses, including:
- Medical expenses
- Lost wages
- Pain and suffering
Seek a St. Francisville Personal Injury Lawyer
You have one year from the date of your injury, or discovery that your injury was due to a defective product, to file your personal injury claim. A St. Francisville personal injury lawyer will help you through every stage of the claims or litigation process and ensure you obtain the results you deserve. Call the Law Offices of J. Price McNamara today.