People sustain injuries in many ways every day in Baton Rouge, Louisiana, from auto accidents to slip and falls. If an accident is the result of another’s negligence or willful misconduct, personal injury law allows the victim to file a claim to get compensation. Personal injury law centers around this basic concept: accident victims can seek financial recovery from at-fault parties. There is a lot that goes into bringing a claim or lawsuit and successfully securing a settlement, though.
If you or your loved one were recently hurt and are considering pursuing a claim, speak to a lawyer first to ensure you understand your rights, present a strong case, and follow all the required legal rules and processes. For assistance from a Baton Rouge personal injury lawyer, call Cueria Law Firm at 800-899-7102 and request a free consultation.
What types of personal injury cases does Cueria Law Firm, LLC accept?
By nature, accidents take you by surprise. You just do not anticipate all the ramifications of a serious injury. It does not just mean medical bills; a serious injury affects your income, your family, your well-being, and your future.
This is why our team at Cueria Law Firm is dedicated to helping personal injury victims recover the funds they need and deserve. We know how hard it can be to regain normalcy after a serious accident, and it is our aim to help you with your legal needs so you can focus on getting back to your life.
We have nearly 30 years of experience in the field of personal injury. We handle all types of personal injury cases in Baton Rouge including the following:
- Car, truck, bus, motorcycle, and other types of auto accidents
- Bicycle and pedestrian accidents
- Slip and fall accidents
- Dog bites
- Defective product injuries and dangerous drug cases
- Toxic torts and environmental claims
- Maritime injury claims
- Aviation accidents
- Train and mass transit accidents
- Mesothelioma cases
Do I have a valid personal injury claim?
It is prudent to note that not all injuries qualify as a personal injury case. If you were at fault or mostly at fault for your injuries, then you will need to turn to your own resources to cover your damages.
Viable personal injury cases hinge on the concept of negligence, i.e., the party from whom you are seeking recovery (defendant) must have acted in a way that was negligent and his actions (or inaction) must have caused your injuries.
More specifically, four elements must exist in order to pursue a personal injury claim:
- Duty of care: The defendant must have owed you a legal duty of care. Duty of care refers to the responsibility someone has to act in a reasonably safe manner so that harm does not befall others. For instance, grocery store owners have a duty to keep their stores reasonably safe for customers, just like drivers have a duty of care to others on the road.
- Breach of duty: You must also show that the defendant somehow breached this duty, or in other words, acted negligently. Examples of negligence include wet floors or mislaid boxes in a grocery store, or a driver who operates the vehicle recklessly.
- Causation: Next, the defendant’s negligence must have been the cause of your injuries. If you sustained injury but it was a result of something else, or if the defendant was negligent but you were not harmed because of it, then causation does not exist.
- Damages: Lastly, you must have suffered damages in order to file a personal injury case. This can include both physical and emotional damage, but you must be able to prove it using evidence such as medical records, bills, police reports, witness testimony, etc.
What can I expect in the personal injury claim process?
The first step of recovery for a personal injury is to file a claim with the appropriate insurer. Various types of insurers may be involved, depending on the nature of the accident.
For instance, for an auto accident, you would generally file a claim with the other party’s auto insurer. For accidents that occur on another’s property, you might turn to the homeowner’s insurance company. Sometimes identifying the proper liable party and insurance company can be challenging, but the Cueria Law Firm, LLC can help.
After receiving your claim, evidence, and demand letter, the insurance company will review it and make a determination. It will either offer you a settlement or deny your claim. CAUTION: Never accept the first offer you receive. It will probably be lower than the true value of your case. We can assess the offer and negotiate directly with the insurers for a fair amount.
Personal injury claims do not always go smoothly. There are times when a claim will need to go into litigation. For example, if the insurance company denies your claim, refuses to offer you a fair settlement, or your damages exceed the defendant’s policy limits, you can file a personal injury lawsuit in civil court.
This takes substantial planning and preparation, but our team at Cueria Law Firm, LLC is always ready. We handle each personal injury case hoping for an expeditious and fair settlement, but we prepare during each stage of the case as if we were headed to court. This way, we are always prepared for what may happen.
What types of damages might I be entitled to?
You can recover many of your injury-related losses in a personal injury claim. This includes both your tangible and intangible damages. These damages, referred to as special and general damages, include a host of recoverable losses:
- Special damages: These are the monetary losses you sustain, such as for medical bills, lost wages, medical aides and devices, the cost of hiring help around the house, home renovations to accommodate your disability, in-home care, long-term disability, and travel expenses for medical care.
- General damages: These are the emotional, psychological, and other intangible harms that are harder to calculate. They include pain and suffering, emotional suffering, loss of quality of life, and the impact of your injuries on your relationships and sense of well-being.
For help determining the value of your case, call a personal injury attorney in Baton Rouge at Cueria Law Firm, LLC. The initial consultation is free, and we provide our personal injury services on a contingency basis, meaning you only pay us if you recover compensation.
During our meeting, we can discuss the basics of your case and answer any questions you may have about your legal options. Should you decide to work with us, we can help you gather the right evidence, file your claim or lawsuit, and fight for maximum compensation. Contact us today at 800-899-7102 to get started.