A personal injury lawsuit is designed to financially compensate you for injuries you have suffered as the result of another person's negligence or intentional conduct. When you are in an accident, the injuries you suffer can be severe, long-lasting, and painful. The suffering you go through, and the high financial cost of recovering can overburden both you and your family.
If you have been injured, and those injuries are another person's fault, you are entitled to file a personal injury lawsuit to recover money damages. Experienced Jordan Precht at the Precht Law Firm a personal injury attorney in Lafayette, LA, can fight to get you the financial compensation you deserve. Contact us today!
FILING A PERSONAL INJURY CLAIM
A personal injury claim is a civil action designed to financially compensate you for injuries suffered because of another person's negligence. A civil action is a case that is filed for financial or equitable relief.
A personal injury claim formally begins with the filing of a petition. A petition is a legal document which sets forth the basic facts of the case and starts a lawsuit in a Louisiana court. Once the petition is filed, the party who is sued must file an answer, which is a basic response to the charges in the petition.
The parties next participate in discovery, a legal process of exchanging information to learn about the facts of the case. During this process, your attorney will investigate your case, and gather the information needed to protect your rights.
The parties may negotiate a settlement at any time if they choose, and are able. If the party who caused you harm refuses to settle, the case will go to trial, and you will prove your case before the judge or jury.
A prescriptive period is a law that sets forth the time in which a specific type of case must be filed. Most Louisiana personal injury lawsuits must be filed within 1 year of the day the injury or damage occurred. There are few exceptions to this general rule, so filing a personal injury lawsuit within the proper period is crucial.
If you fail to file your lawsuit in time, it will almost certainly be dismissed, even if you would otherwise have a successful claim. A piece of advice, do not wait. Consult with an experienced personal injury attorney quickly after your accident to protect your rights.
TYPES OF PERSONAL INJURY CLAIMS
The type of personal injury case filed depends on the facts of your case, the injuries suffered, and the type of wrong committed by the other party. Your attorney will ensure you file the proper case for you.
Automobile accidents are generally caused by the negligent actions of another driver. The injuries which result from these accidents can be severe, including:
Traumatic brain injury;
Soft tissue injuries.
In an automobile accident lawsuit, you can file a claim against the negligent driver or even that person's insurer. Negotiating with an insurer provides you with a source of financial compensation.
SLIP AND FALL ACCIDENTS
If you slip and fall, the reason behind that fall matters a great deal. When the reason behind your fall is the result of another's negligence, you can file a personal injury claim to receive compensation for any injuries you suffered. In many cases, this means filing a lawsuit against a business or company.
MEDICAL MALPRACTICE CLAIMS
Doctors are meant to cure your medical issues, not cause harm. Sadly, in many cases, the negligence of a doctor can cause extreme injury. These injuries may be long-lasting, or even permanent. The person injured is required to establish the medical standard of care appropriate in the situation, and further show that the doctor breached that duty of care.
If the doctor failed to use reasonable care, breached the medical standard of care, and caused you injury, you can successfully file a claim for personal injury.
Intentional torts stand apart from many other personal injury claims because your injuries were not caused by an accident, but by the intentional conduct of another person. Intentional torts in Louisiana include:
Intentional Infliction of Emotional Distress,
Dog bite injuries are governed by a specific statute. It states that a dog owner will be liable for your injuries if you are:
Bitten by a dog,
Did nothing to provoke the dog, and
The dog owner failed to exercise reasonable care.
Injuries which are not caused by a dog "bite" but caused by the dog in another way are still covered under the Louisiana law. So, if a dog jumps on you, causing you harm, you can still maintain a personal injury lawsuit under the law.
INJURIES ON THE JOB
Injuries which occur while you are working are often covered by the Worker's Compensation statutes. Working with the system requires years of experience to successfully navigate. You can be compensated for such work-related injuries as:
Trauma from machinery,
Hit by a falling object,
Repetitive motion injuries, or
Falling from heights.
When a person is killed as the result of an accident or an intentional act, it is the ultimate tragedy. A wrongful death claim is a personal injury lawsuit brought by the surviving family members of a deceased person. Only certain members may file a wrongful death claim on behalf of a deceased person:
The surviving spouse or children;
If there is no surviving spouse or children, the surviving parents;
If there are no surviving parents, the surviving siblings;
If there are no surviving siblings, the grandparents.
TYPES OF DAMAGES IN PERSONAL INJURY CASES
In a personal injury case, you may be compensated for:
Future medical bills;
Loss of income and loss of future earning capacity;
Pain and suffering; and
Loss of consortium.
CONSULT A LOUISIANA PERSONAL INJURY ATTORNEY
If you have been injured as the result of another person's negligent or intentional acts, you may be entitled to significant financial compensation. You likely face financial difficulties as a result of your injuries, but you do not have to face those difficulties alone.
Experienced Louisiana personal injury attorney Jordan Precht at the Precht Law Firm can get you the compensation you deserve. Contact his office today.