Have you or someone you love been involved in an accident that resulted in an injury? If so, you may be wondering if you have a valid personal injury claim to receive compensation for your financial losses. There are three primary questions you need to ask yourself to determine if you have a personal injury claim in Louisiana.
Anytime you have been involved in an accident that was due to the negligence of another person, entity, or government agency, you should contact an experienced personal injury attorney. The attorneys at Cueria Law Firm of Louisiana have had tremendous success helping injured clients just like you to recover the money they deserve. Our qualified attorneys understand the intricacies of the law in Louisiana and can help you get the maximum compensation for your case.
Do I Have a Personal Injury Claim?
Not all accidents result in personal injury claims. Similarly, not all personal injury claims are created equal. Every case is unique and the amount of damages awarded to a plaintiff can vary significantly from case to case. If you have been involved in an accident, three questions will help you to determine if you might have a valid personal injury case on your hands. However, it is still recommended that you consult with an experienced attorney to be sure.
Did you suffer a personal injury?
In order to file a personal injury claim, you must have suffered a personal injury. Personal injury is defined as any injury, either physical or mental, that negatively affects your person in some way. Broken legs, brain injuries, or burns sustained in a car accident would be considered physical personal injuries. PTSD, anxiety, or depression after that same car accident would be regarded as mental personal injuries.
Were your injuries the fault of another person, entity, or government agency?
A personal injury claim requires that there is another party responsible for the personal injury the victim sustained. It is the role of your personal injury attorney to prove that the other party was negligent, or failed to behave with reasonable care in a given situation. To prove negligence, your attorney will need to explain the following elements:
Duty: Did the defendant have the legal duty of care for the plaintiff?
Breach of Duty: Did the defendant breach the duty of care or fail to meet that duty?
Causation: Did the breach of duty directly result in the injury?
Damages: Did the plaintiff suffer damages or losses due to the injury?
Louisiana is a comparative negligence state. Comparative negligence means that anyone involved in an accident can be considered negligent based on their percentage of fault. For example, if the court determined that you were 30% responsible for an accident, you could still receive compensation for 70% of your injuries.
Are there recoverable damages in your case?
Did you suffer financial or personal losses due to the negligence of the other party? Damages can come in many forms, including economic and non-economic. Economic damages, also known as special damages, can include medical expenses, lost wages, repair of damaged items, or replacement of damaged items. Other damages are non-economic, or general damages. General damages can include pain and suffering, emotional anguish, or physical impairment. Due to the subjective nature of general damages, it is critical to consult with a personal injury attorney for guidance.
Have you asked yourself these three questions? Do you believe you may have a valid personal injury claim? Do you have a trusted, experienced personal injury attorney on your team?
If not, contact the attorneys at Cueria Law Firm in New Orleans for a consultation today. Our team of skilled personal injury attorneys can review your case and help you understand the personal injury laws in the state of Louisiana. Accidents that result in serious injury can be devastating. Make sure you have a strong team on your side to help you get the financial compensation you deserve.