After sustaining injuries in an accident, the upcoming challenges may be overwhelming. The Law Offices of J. Price McNamara understands the medical, legal, and financial issues that come with severe injuries. A Zachary personal injury lawyer working by your side can help protect your rights and help you receive the compensation you deserve.
Your Injuries Deserve Just Compensation
In determining the amount of compensation you are eligible to receive, various factors come to play, making each personal injury case unique. A Zachary personal injury lawyer will examine your case, explain what injuries, facts and circumstances qualifies for a personal injury claim and determine whether your have a viable lawsuit.
Your Potential Damages
Regardless of the type of injury you sustained, you may be stressing about your current and future expenses. Your Zachary personal injury lawyer can help you recover different types of monetary compensation, known as damages, such as:
- Past, present and future medical expenses
- Past, present and future lost wages
- Pain and suffering
Every person owes a duty to another to act with proper care. This means a person is obligated to act in a safe manner so as not to cause injury. Negligence occurs when a person fails in this duty of care. You may be entitled to recover damages if someone was negligent which resulted in your injuries.
Motor Vehicle Accidents
One of the most frequent personal injury claims involves motor vehicle accidents. These types of personal injury claims come with legal challenges. One challenge is to determine who is at fault for the accident. Even if you were partially at fault, you may still be entitled to recovery, although your damages will be reduced by the percentage you were at fault. As a passenger of a vehicle, not only are you entitled to file a claim against the other drivers, but also with your driver’s insurance company. Another challenge is getting the insurance companies to pay up.
Work-related injuries may occur when business owners are negligent in their duty to provide a safe work environment for their employees. Their obligation to ensure the work environment is safe may include providing:
- Providing safety equipment in locations where employees may be handling dangerous equipment or chemicals
- Providing hard hats in locations where the use of hard hats is appropriate
Other work-related injuries may include slip and fall injuries, such as:
- Failing to secure a platform with a railing or banister
- Failing to timely clean liquid on the floor or place warning signs
You may file a Workers’ Compensation claim if you suffered injury in a work-related accident.
Slip and Fall Accidents
Similarly, property owners owe a duty of care to anyone on their property. Owners have an obligation to be aware and either remedy or provide proper warnings of potential hazards on their property that could cause injuries to others. You may be entitled to recover damages in a slip and fall accident if:
- The property owner knew of the hazard or danger but did not do anything it.
- The property owner disavowals any knowledge of the hazard or danger but someone similarly situated would have known of it.
Injury Caused by Medical Malpractice
If your medical professional provided incompetent or unreasonable medical care, which resulted in your injury, you may have a medical malpractice claim. Examining the standard of care the medical professional exercised, your Zachary personal injury lawyer will look for one of the three key factors:
1) Lack of Informed Consent
To prove lack of informed consent, your Zachary personal injury lawyer will show that the medical professional:
- Did not fully inform you of the benefits and risks of a certain medical procedure, or
- Performed a procedure on you against your wishes.
2) Mistakes in Treatment
Two elements must be met to prove medical malpractice based on mistakes in treatment:
- The medical professional made a mistake in the treatment of your condition; and,
- A reasonable, competent medical professional would not have made the mistake in treatment.
3) Improper Diagnosis
Two elements must be proven in a malpractice claim arising from an improper diagnosis:
- The diagnosis was improperly made; and,
- A reasonable, competent doctor with the same information would not have made the same mistake and would have made the correct diagnosis.
Your Zachary personal injury lawyer will retain the appropriate medical expert to review your case and support your claim.
In Louisiana, a person can be held strictly liable for injuries, even if the person was not negligent, in very specific, statutory situations.
Dog Bite Injury
Louisiana holds dog owners strictly liable for damages for injuries to a person or property caused by the owner’s dog if:
- The dog owner could have prevented the injury; and,
- The injury was not a result of your provocation of the dog.
It does not matter where the injury occurred, whether it was on your property, the owner’s property or public property.
Product Liability Accidents
If an unreasonably dangerous product used in a reasonably anticipated matter caused your injury, the manufacturer could also be held strictly liable for your damages. A product is unreasonably dangerous:
- In design;
- In manufacturing, construction or composition;
- From failure to adequately warning; or,
- Nonconformity to the manufacturer’s express warranty.
Examples include: faulty airbags or brakes, pharmaceuticals, or playground equipment
Seek a Zachary Personal Injury Lawyer
You have a year from the date of your accident/injury, or discovery that your injury was due to a defective product, to file your claim. You don’t have to battle the legal and financial issues alone. Contact the Law offices of J. Price McNamara to speak to an experienced Zachary personal injury lawyer to help with your claim.