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Abogado de lesiones personales de Nueva Orleans

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New Orleans Personal Injury Attorney

A personal injury claim is a civil case filed when you are injured because another person or entity caused your injuries through negligent actions or misconduct. Different parties owe each other different duties of care, and when those duties are breached intentionally or unintentionally, they can be held liable for the damages. Working with a skilled New Orleans personal injury lawyer could help you recover financial compensation after a serious injury.

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Murphy Law Firm Supports Our Community in New Orleans

Desde hace más de 30 años, Murphy Law Firm’s legal team has helped individuals and families navigate personal injury claims. We understand how upsetting it is to be injured. Furthermore, it is especially frustrating when the injury could have been avoided. When someone else is to blame for those injuries, you shouldn’t be responsible for the cost of your medical bills and lost income.

Nuestra experienced personal lawyer injury team fights hard so people like you can have justice, and we want to secure you the maximum compensation possible.

The Types of Personal Injury Cases We Manage at Murphy Law Firm

Personal injuries result from many different situations, and only some of those accidents result in valid compensation claims. When you are searching for a personal injury attorney to help with your case, it’s helpful to find one with experience in your type of case. Different personal injury cases may require different investigation tactics or proof of fault, and working with an experienced attorney helps your claim go more smoothly.

At Murphy Law Firm, we have experience in some of the following types of personal injury cases:

Accidentes de tráfico

Car collisions are a frequent cause of injury and also a frequent cause of injury claims. In 2024, there were sadly 59 fatal crashes in New Orleans and 4,863 suspected injury crashes. When multiple parties are involved in a car accident, the at-fault driver is responsible for the resulting damages. Claims are filed with their car insurance company.

Determining fault after a car accident can be complex. The insurance companies of all involved drivers will investigate the crash to determine fault. All of these companies will be looking to reduce their own liability in the accident. One driver may be solely liable, or multiple parties could be partially liable. The most effective way to protect your interests is to work with an attorney. An attorney investigates the accident to determine liability, considering your interests.

Most car accidents are caused by the negligence of one or more drivers in the crash. There are many reasons a driver may be liable for the accident, including:

  • Driving distracted
  • Failing to get vehicle maintenance
  • Ignoring road signs and lights

Driving under the influence is one potential cause of car accidents. In New Orleans, 25.42% of fatal crashes were alcohol-related, compared to 6.05% of suspected injury crashes and 1.99% of property damage-only crashes.

There are many other factors that can complicate a car accident claim, including comparative negligence, serious and catastrophic injuries, rideshare drivers, and vulnerable persons such as bicyclists and pedestrians. A dedicated attorney can help you navigate these cases.

Accidentes de camiones

When accidents involve commercial trucks, the harm can be devastating. Commercial truck accidents happen less frequently than other accidents, but cause severe property damage, catastrophic injuries, and death when they happen.

After a truck accident, claims are made with the insurer of the party at fault, like in other crashes. However, unlike other crashes, determining the at-fault party can be much harder. There are many parties involved with trucking companies, and parties that are connected to the company may also be responsible for commercial trucks. One or more of these parties could be liable.

In some cases, another driver on the road is liable. This can add different complications because the damages in a truck accident are much higher than most personal car insurance policies. In contrast, the coverage limits for a trucking company’s insurer are much higher but can be harder to secure. An attorney can help you understand your options for financial compensation.

When the claim is filed with the trucking company, it can be difficult to get the compensation you are owed. These companies work with commercial insurance providers, which are much more aggressive in avoiding liability. They have the resources to fight against your claim for compensation, so it is important that you secure similar resources by working with an attorney.

There are other complications in truck accidents, including state and federal regulations. Working with an attorney after a truck collision is the most effective way to get the financial recovery you are owed.

Accidentes de moto

New Orleans and Orleans Parish saw the greatest number of motorcycle crashes in 2024 out of all parishes in the state. There were 208 motorcycle crashes, resulting in eight crashes with fatal injuries, 51 crashes with suspected serious injuries, 58 crashes involving suspected minor injuries, 44 crashes with possible injuries, and 47 crashes with only property damage.

Motorcyclists have less physical protection than other vehicles, making them more likely to suffer serious and catastrophic injuries in a collision. Often, a motorcyclist suffers both the impact of the crash and a secondary impact with the ground. The injuries from this accident can change someone’s entire future, requiring surgeries and physical therapy and preventing them from enjoying hobbies.

In a crash, any involved party could be partially or fully liable, including drivers and riders. Unfortunately, motorcyclists often face unfair claims that they accepted the risk of their injuries by riding their motorcycles. These unfair presumptions can make it harder and more frustrating to get the compensation you are owed.

When a driver is an at-fault party in a motorcycle accident, you can file a claim with their insurer to recover significant damages. A driver may:

  • Operate their vehicle recklessly
  • Fail to check blind spots
  • Not drive the speed limit

Getting the financial recovery you deserve is much easier to do with the help of an attorney.

Premises Liability and Slip and Falls

Property owners are responsible for the maintenance and care of their premises, whether they are private or public property owners. They have a duty of care to address these hazards, although this duty of care differs based on the circumstances. They may have a duty to address any hazards they are aware of, or they may have a duty to also address hazards they aren’t aware of but should be.

When a property owner fails to uphold their duty of care, and someone is injured from a hazard on their premises, the owner can be held liable.

Slip and fall cases are one of the most common types of premises liability claims, occurring because of spills, slick floors, loose carpeting, unsecured wires, and other hazards. Sometimes, falls can be minor and still lead to severe injuries. Serious injuries are more likely if the individual is elderly or otherwise more vulnerable, if the surrounding area is hazardous, or if the fall is from a tall height. Falls can result in traumatic brain injuries (TBIs) and other bodily damage.

Lesiones laborales

Accidents in the workplace can result in serious injuries and happen in any workplace. In the state in 2023, there were 208 reports of severe injuries in the workplace, resulting in 195 hospitalizations. The two most prevalent causes of these severe injuries were falls to lower levels and excessive heat exposure.

Accidents are especially common and injurious at hazardous worksites like the following:

  • Construction sites
  • Offshore rigs
  • Industrial manufacturing factories
  • Plants
  • Mines
  • Lumber yards

Employees can also develop illnesses or developmental injuries from their work, resulting from toxic exposure or frequent lifting.

Injuries and illnesses in the workplace are usually handled through the workers’ compensation insurance system. These cases are different from personal injury claims, but working with an attorney is still important to secure fair and full compensation.

When you are injured at work or develop an injury or illness from your work duties, you can file a claim to recover the cost of your medical bills and a portion of your lost wages. Although damages are more limited, you are not required to prove that anyone was at fault for your injuries to recover compensation. In most cases, employees cannot file an additional legal claim outside of a workers’ compensation claim.

There are rare cases where an injured employee can file a personal injury claim. This may include when a third party is responsible for the accident or if an employer caused deliberate harm. Working with an attorney helps you review these possibilities and see how you can recover maximum compensation after a workplace incident.

Maritime Accidents and Jones Act Claims

Maritime employees face significantly more hazards than most other employees. Maritime worksites, including offshore rigs and platforms, docks, ships, and other vessels, can be very hazardous. When maritime workers are hurt, they might have alternate methods of compensation besides workers’ compensation claims available to them.

Under the Jones Act, if qualifying maritime employees are injured or killed because of their employer’s negligence, either the employee or their representative can file a claim against their employer in civil court. This can provide injured employees with additional compensation that they could not secure through a workers’ compensation claim. It could also hold an employer accountable for negligently allowing dangerous worksite conditions.

Other maritime workers may qualify for other forms of compensation under the Longshore and Harbor Workers’ Compensation Act. When you are a maritime employee, it is important to work with an attorney who has experience with these complex claims and can help you secure the most compensation under these and other federal laws.

Defective Products and Product Liability

The manufacturers, designers, and advertisers of products have a duty of care to uphold to the customers of those products. If a product is unreasonably dangerous, one or more of these parties could be held strictly liable for the harm the product caused. A product could be considered unreasonably dangerous if it meets the following qualifications:

  1. It is made from dangerous or substandard materials.
  2. The design is inherently dangerous in some way.
  3. There are insufficient safety warnings.

Dangerous products can include children’s toys, medical devices, prescription medications, household appliances, tools, and other products.

Dog Attacks

The owners of dogs or other animals are not always liable for damages caused by those animals. However, if an owner is negligent in restraining an animal when they knew or should have known the dog would cause damage, they may be held liable. Dog attacks can be very serious, resulting in puncture wounds, infection, crushing injuries, and traumatic brain injuries. These attacks are especially serious when the victim is elderly, disabled, or a child.

Medical Malpractice and Negligence

Healthcare providers have a duty to uphold a professional standard of care. This means that professionals, such as physicians, dentists, chiropractors, and optometrists, must use reasonable care and only deviate from the standard of care when there is good cause.

When there is no reason for a deviation, and a patient is injured, this may be a case of medical negligence or malpractice. If another healthcare provider with the same level of knowledge would not have acted as the professional did, it could prove that your provider deviated from the set professional standard. An attorney can help you gather evidence to support these complex and difficult claims.

Muerte por negligencia

Unfortunately, there are many cases where someone dies instantly in an accident or at a later time because of the severity of their injuries. This is an immense loss for their loved ones.

If the deceased would have had the grounds for a personal injury claim but was unable to file one, then their loved ones can file a wrongful death claim. A wrongful death claim recovers the economic and non-economic damages that family members have sustained due to the loss of their loved one. In some cases, families can file a survival action if their loved one’s death was caused by an offense or due to a negligent, unlawful act.

Only certain family members have the ability to file a wrongful death claim or survival action. This could include a surviving spouse or the deceased’s children, or their surviving parents, siblings, and grandparents in that order, if there is no spouse or children.

A wrongful death case is not the same as a criminal case for someone’s death. Wrongful death cases can be filed on the basis of negligence, such as a careless driver causing a fatal accident. If the death was caused by a criminal act, a wrongful death case or survival action is separate from any criminal case.

What Should I Do After I Have Been Injured in an Accident?

If you were injured in an accident, the most important thing is to get medical care. En Nueva Orleans, nearby hospitals include:

  • Ochsner Medical Center – New Orleans, located at 1514 Jefferson Highway
  • University Medical Center – New Orleans, located at 2000 Canal Street
  • New Orleans East Hospital, located at 5620 Read Boulevard
  • Ochsner Baptist – A Campus of Ochsner Medical Center, located at 2700 Napoleon Avenue

Securing medical care is crucial for multiple reasons. Primarily, it is important to get your injuries checked and treated. Having documentation of the treatment and the injury is also important to support a potential claim.

Preguntas frecuentes

Q: How Hard is It to Win a Personal Injury Lawsuit?

A: It can be difficult to successfully win a personal injury case, but it can be much more straightforward with an attorney. Different factors influence the likelihood of a successful settlement or verdict, including the amount of evidence supporting the damages you suffered and the liability in your claim. If there is insufficient evidence, it is harder to get the other party to reach a settlement. With an attorney, you are more likely to obtain the necessary evidence.

Q: How Are Personal Injury Settlements Paid Out?

A: When you have a successful personal injury case, most settlements and verdicts are paid out in a lump sum. In some cases, there will be a structured settlement that pays the amount over time. The specifics of the settlement payout will be negotiated, while a verdict payout will be determined by the court. An attorney can help you understand how and when you receive your settlement payout.

Q: Can You Sue for Pain and Suffering in Louisiana?

A: Yes, you can sue for pain and suffering damages in Louisiana. Typically, pain and suffering damages are directly tied to physical injuries. The more serious a person’s physical injuries are, the more likely the injuries are to affect their life, and the more serious their pain and suffering losses are. When you work with an experienced personal injury attorney, you are more likely to get the full total of your damages, including pain and suffering damages.

Q: How Long Does a Personal Injury Pain and Suffering Settlement Take?

A: It is uncommon for a personal injury claim to be solely for pain and suffering damages, but a claim that has significant pain and suffering damages can take longer to settle than one with fewer. This is because these damages are subjective, and therefore, parties may disagree on what a fair amount is. An experienced attorney can efficiently navigate this by providing reliable financial information and expert testimony to prove what your pain and suffering damages are worth.

Discuss Your Case with Our New Orleans Personal Injury Lawyer Team

Filing a personal injury claim can get you essential financial support during this difficult time. Murphy Law Firm can help you with this process, negotiate with insurers, calculate your damages, and fight for your interests. Póngase en contacto con nosotros to learn if you have a viable claim.

New Orleans, Louisiana Personal Injury Resources

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