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Lafayette Personal Injury Lawyer

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Lafayette Personal Injury Lawyer

When someone suffers an injury because of another person’s negligence, they may be entitled to seek financial compensation for damages from the at-fault party. The injured party may do so by filing a personal injury claim with the appropriate insurance…

When someone suffers an injury because of another person’s negligence, they may be entitled to seek financial compensation for damages from the at-fault party. The injured party may do so by filing a personal injury claim with the appropriate insurance company.

However, there are various elements that must be present to win a claim, there must be adequate evidence to support the case, and there are often disputes or hang-ups along the way. For these reasons, we encourage you to seek advice from an attorney before initiating any personal injury claims – particularly if your injuries are serious and the damages are substantial. For a free legal consultation with a Lafayette personal injury lawyer, call Cueria Law Firm at 800-899-7102.

What types of cases fall under personal injury?

Anyone can sustain an injury anywhere and at any time. So long as the injury occurred because of another’s party’s unreasonable actions or inaction, then it probably falls under personal injury law. Personal injury cases are broad and encompass many types of accidents. The Cueria Law Firm, LLC has the background and legal aptitude to handle all types of cases, including:

  • Auto accidents – Car, truck, motorcycle
  • Transit accidents – Airplane, bus, train, public transit
  • Other roadway accidents – bicycle, pedestrian, mopeds
  • Premises liability – Swimming pool accidents, slips and falls, playground injuries, collapsed buildings, dog bites
  • Work accidents – Accidents occurring at the worksite caused by a third party
  • Product liability cases – Defective products and parts, and dangerous pharmaceuticals
  • Medical malpractice – Wrong site surgery, wrong patient surgery, prescription errors, delayed diagnosis, misdiagnosis, labor and delivery errors
  • Maritime injuries – seamen, longshoremen, and offshore worker injuries

What are the basic elements of a personal injury claim?

Personal injury claims are based on the concept of negligence, but there is more to it than that. There are actually four basic elements that a case must have in order to be valid: duty of care, negligence, causation, and damages. When assessing your injury to determine if you qualify to file a claim, you will need to answer “yes” to the following questions:

  1. Did the person who caused your injury (defendant) owe you a duty of care? Duty of care refers to a person’s legal responsibility to another to act in such a way as to not cause harm – within reason. For instance, if you were a patron at a retail store when you were injured, then the store owner owes you a duty of care. If you were trespassing, no duty of care may exist.
  1. Was the defendant negligent of his duties? The defendant must have somehow breached his duty of care in order to have a viable claim; that is, he or she must have acted in a careless or negligent manner. For instance, if you slipped and fell at the store on a freshly mopped floor, the store owner would be negligent if he or she failed to clean it up or put up caution signs.
  1. Did the defendant’s negligence cause your injuries? There must be a direct link between the defendant’s negligence and your injuries. If you tripped on your own shoelaces, for example, obviously you cannot hold the store owner liable. Your injuries must be related to the defendant’s breach of duty.
  1. Did you sustain actual injuries? Because the whole reason for filing a personal injury claim is to collect compensation for your monetary and non-monetary harms, you must be able to prove that you were actually hurt. You can do this by presenting medical records, expert testimonies, and videos and photos.

What does the personal injury claims process entail?

The first thing you will need to do after a serious accident is review your legal options with an attorney. The Cueria Law Firm, LLC can help you determine who the liable party is and where you will need to file your claim. Various types of insurers may be involved, depending on the type of injury. For example, vehicle accidents claims are filed with auto insurers; premises liability claims are filed with homeowners’ insurance companies or under a business’s liability policy; medical error injuries are filed with the medical facility’s medical malpractice insurer, etc.

After you determine where to file your claim, we will help you fill out the proper forms, gather the appropriate evidence, and submit the claim and a demand letter explaining your damages. The insurance company will then review your claim and make a determination. If it accepts your claim, the adjuster will offer you a settlement. Usually, this initial settlement is much lower than the actual value of your claim, so avoid signing any offers until your attorney has reviewed it. You can negotiate for a fuller figure.

If the insurer denies your claim or you cannot reach a compromise on the settlement, you can take the case to civil court. The 15th Judicial District Court serves Lafayette. The judge or jury can hear your case, make a decision, and if you win, order the defendant to pay you an appropriate award.

What kinds of damages can an injured victim recover?

The underlying purpose of personal injury laws is to allow a way for injured victims “to be made whole” again. In other words, negligent parties are to compensate victims for the losses they sustained to bring them back to the same financial position they were in prior to the accident. So if you have racked up $40,000 in medical bills and other debt as a result of your accident, the defendant should have to compensate you that much, plus compensation for the intangible harms, like pain and suffering.

Granted, money can never undue your injuries, but it can help you meet current and future financial needs. It can provide a cushion for you during your recovery so you can focus on getting better, not stressing about finances. Your settlement or award can include compensation for various types of monetary and non-monetary harms you suffered as a result of your injuries, such as:

  • Medical bills
  • Rehabilitation and physical therapy
  • Lost wages, lost earning capacity, and loss of promotion
  • Disfigurement and scarring
  • The cost of incidental expenses, such as hiring someone to help with work around the house that you would normally do, or the cost of putting in a wheelchair ramp if you suffered permanent disability
  • The effect your injuries have had on your family life, career, and sense of well-being
  • Emotional ramifications, such as post-traumatic stress disorder, depression, and social anxiety disorders
  • Loss of consortium

How do I get started with my personal injury claim?

Louisiana has only a one-year statute of limitations. (La. Civ. Code Art. 3492) To get started, call the Cueria Law Firm, LLC and request a free consultation. Our firm has been serving personal injury victims for 28 years. Our primary focus is helping injured people in Lafayette and their families find justice via personal injury claims and lawsuits. We would like a chance to do the same for you. Contact us today at 800-899-7102.

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We offer a free consultation for any person who contacts our New Orleans office with a potential personal injury case. We have no upfront retainer fees, and only collect our payment once we have successfully secured your settlement or trial award.

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Awards & Honors

Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.

OUR RESULTS

SPEAK FOR

THEMSELVES

  • $2,000,000

    Hotel Premises Liability Settlement

  • $1,500,000

    Automobile Accident Settlement

  • $1,250,000

    Tractor Trailer Injury

  • $475,000

    Jones Act Seaman Injured in Oil Spill

  • $475,000

    Jones Act Seaman Orthopedic Injury

  • $400,000

    Passenger in Truck Crash Trial

Positive Client Reviews

Mr. Brent and his team his paralegals were very helpful in every step of the processes involving my legal dispute.They were completely understanding in every part of this.I am very thankful for them.
brandon newton
brandon newton
21:43 26 Sep 19
Had a Great experience. These guys are great and fast. They are on it. Y’all need to check out this law firm. Check them out u won’t be sorry but you will get a fair settlement because they are fair people. Been hurt??? Don’t wait. Call them today and let them litigate...
carolyn clay
carolyn clay
20:56 18 Jul 19
Brent is very professional and easy to work with. He made sure I was taken care of better than I expected. Very nice man and great team!
Kristin Marks
Kristin Marks
19:45 29 May 19
Mr. Brent Cueria does an amazing job! He was always available for any questions or concerns that I had. There was never a moment that he wouldn't take the time to help me out and keep me updated on the process of my case! A great attorney and an amazing guy!
Kevin Byrd
Kevin Byrd
15:59 08 May 19
Awesome caring firm that puts the clients needs first always. Brent was an exceptional lawyer and good person. I highly recommend Cueria Law Firm.
Cat D
Cat D
14:19 24 Apr 19
I had a good experience with this firm. The staff was professional and protected my personal interest. I would definitely recommend them.
Tameka Lewis
Tameka Lewis
22:35 07 Feb 19
Mr. Cueria was amazing, helped me beyond my expectations, they answer the phone and respond promptly to their clients. Very easy going, respectful, and professional.
April Washington
April Washington
21:59 10 Jan 19
Very nice reliable law firm... we really had good experience with him. And we are really thankful. I recommend him to everyone.
Salwan Ibrahimi
Salwan Ibrahimi
22:43 08 Nov 18
Mr. Brent is a great personal injury attorney as well as a caring attorney. He is always available to talk and answer all our questions. Mr. Brent does not take you on as just a client. He treats you like family.
Rashonda Matthews
Rashonda Matthews
17:11 01 Nov 18
The BEST in New Orleans!! I came into this office not knowing what would be the outcome of my case, and Brent assured me he got this! A big thanks to him and his staff for all your hard work!! I’m telling you if you need someone to represent he’s definitely the guy to call!! Love you guys! Until next time !😁
Allison Johnson
Allison Johnson
15:40 11 Oct 18
Highly recommended!! He’s a very caring attorney!! Gets the job done!!
Juju Giambe
Juju Giambe
21:14 22 Mar 18
Great experience. Very professional and personal at the same time. Highly recommended.
Hortense Ambrose
Hortense Ambrose
17:33 05 Mar 18
Mr. Cueria is very professional and works hard to assure that you received the best of outcome possible. Mr. Cueria and his staffed worked diligintly to give me the best settlement possible. I was very satisfied. -
Erica Ross
Erica Ross
13:17 07 Feb 18
I Love Mr. Brent. They handle me with tender loving care
Shannan Holmes
Shannan Holmes
08:55 30 Jan 18
This was my first experience ever having a lawyer and I was very grateful and it was very pleasant. Everything worked out for the best and I would definitely recommend Brent.
Lionel Vicknair
Lionel Vicknair
16:06 07 Dec 17

Talk to an Injury Attorney in
NEW ORLEANS for FREE

There are many factors that can affect the outcome of your case, but time is often the most important. Call Cueria Law Firm today to speak to an attorney about your claim, and get started on the path to physical, emotional and financial recovery.

The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.

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