Personal Injury Law In Louisiana
Every day, on our roadways, in our public spaces, or in medical facilities or other businesses, people are injured in Louisiana. Some require medical attention for their injuries. Some injuries result in lifelong disability or death.
Charbonnet Law Firm may be able to help you if you or someone you love has been injured in an accident. We specialize in help Louisianans win compensation for their injuries, in the following areas of personal injury law:
- 1. Car Accidents
- 2. Commercial Truck Accidents
- 3. Defective Products
- 4. Dog Bites
- 5. Medical Malpractice including Injuries at Birth
- 6. Professional Malpractice
- 7. Slip and Fall Injuries
- 8. Workplace Injuries
- 9.Wrongful Death
Louisiana personal injury law can be a complicated system to navigate with overlapping statutes and unevenly updated laws. A skilled personal injury attorney can help you navigate this system and understand your rights if you’ve been injured.
Damages In Louisiana Personal Injury Cases
In personal injury cases, damages are the dollar amount meant to compensate the injured person for all financial losses, as well as pain and suffering, from the accident.
If you have been injured by the actions, negligence, or malpractice of another, you may be entitled to compensation for damages. Compensation can include the cost of medical treatment, lost wages, lost future wages, pain and suffering, the cost of modifications or equipment to help you live with or heal from injuries, and more.
Who Determining Damages In A Personal Injury Case?
In order to win compensation that accurately reflects the seriousness of your injuries, you must build a case that documents those injuries, any pain and suffering, lost wages, projected lost future wages, and more. Insurance companies always protect their bottom line and will almost certainly not account for all of your damages when offering you a settlement. They count on most accident victims settling quickly and taking the first offer made to them. That is why contacting a skilled personal injury attorney knowledgeable in Louisiana case law is so important.
Most cases are settled without going to court, in which case a negotiation between the insurance company and the injured party (and your legal representation) will lead to an agreement on damages and the terms of a settlement. If a case goes to trial, a judge or jury will determine liability and the amount of any damages.
What Is Comparative Negligence?
Louisiana is a “comparative negligence” state, meaning the injured party in a case may be found to be partially at fault for the accident. For example, if you are injured in a car accident in which the other driver ran a red light but you were found to be speeding, you may be assigned a percentage of liability for the accident. Your award would then be reduced by the percentage that you are at fault.
Determining who is at fault, who must pay compensation, and how much that compensation must be is a complex legal process. Winning the best outcome is often based on experience, specialized knowledge, negotiation skills and persuasion. That is why it is so important to find a trusted, skilled attorney experienced in Louisiana personal injury law right away if you are injured in an accident.
Are There Caps On Damages In Louisiana Law?
A cap is a limit on the amount or type of damages a person can receive. In Louisiana, medical malpractice damages are typically capped at $500,000. Providers found liable for medical malpractice only pay $100,000 if they are covered by the state’s Patient Compensation Fund, and the injured patient receives any amount over $100,000 directly from the fund. It is important to note that this cap does not apply to future medical expenses, and it does not apply to injury cases that do not involve medical malpractice.
Common Injuries Covered Under Personal Injury Law In Louisiana
Each area of personal injury law has a set of common injuries associated with it, while uncommon injuries are always possible. If you have experienced any of these injuries as a result of another party’s actions, negligence or medical malpractice, it is important to speak with an attorney knowledgeable in Louisiana personal injury law to determine if another party is legally liable for your injuries.
Common vehicle accident injuries include whiplash, brain and spinal cord injuries (e.g. traumatic brain injury or herniated disc), broken or fractured bones (especially ribs and knees), internal bleeding and Post-Traumatic Stress Disorder.
Injuries from medical malpractice can vary widely in their type and severity but most are caused by the following medical errors: misdiagnosis or failure to diagnose, errors made during childbirth, surgical errors, anesthesia errors, errors in prescribing medication, and negligence in care.
Patients injured in Slip and Fall accidents often present with head injuries (e.g. traumatic brain injury), broken bones, hip fractures, sprained ankles or wrists, spinal cord injuries, knee damage, shoulder injuries or nerve damage.
When To Talk To An Attorney
While you are recovering, you may not fully understand the long-term consequences and the full costs of your injuries. Dealing with hospitals, doctors’ offices and insurance companies when you also must focus on getting well can feel overwhelming.
You should not rely on an insurance company to protect your best interests. In fact, in cases that would be costly to their bottom line, an insurance company might press injured parties for a quick settlement. The insurance company may offer you a much smaller settlement than what is in line with the seriousness of your injuries.
One thing is certain: If you are injured, you owe it to yourself and your loved ones to speak with an experienced personal injury attorney before you sign any settlement. Without getting sound legal advice, you could be signing away your right to compensation that you and your family need for years to come.
There is a one-year statute of limitations on personal injury cases under Louisiana law. This means that any lawsuit for damages must be filed with the court within one calendar year from the date of the accident. But building a strong case can take time and the closer to that deadline the less leverage you have to negotiate with insurers.
Don’t wait until it’s too late. Contact a skilled attorney with experience in Louisiana personal injury cases today. At Charbonnet Law Firm, our skilled legal team will be by your side every step of the way, helping you navigate the legal and insurance systems, and building the strongest case possible to win the compensation you deserve.
Call Charbonnet Law Firm Today
Call Charbonnet Law Firm today for a free consultation with a member of our dedicated legal team. At Charbonnet, our first priority is you. We will help you understand your case and your options, and what comes next. Let us give you the peace of mind of having a trusted, experienced attorney fighting for you.