Louisiana Personal Injury Lawyer

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Louisiana Personal Injury Lawyer

Most often, injuries are completely unexpected. A personal injury can completely change the life of an individual and their family, but it could be even worse if that injury was caused by another person’s actions. A personal injury claim can help the victim recover financial compensation to help them adjust to their lives post-injury. To file a claim that fits your circumstances, contact a Louisiana personal injury lawyer at Murphy Law Firm.

Local Firm Serving All of Louisiana

Murphy Law Firm is a Baton Rouge-based firm that serves the whole state of Louisiana. We offer the professional experience of a large firm with the individualized attention of a small firm. During its 31-year history, our law office has developed an excellent reputation. Our attorneys use their 150 years of combined experience in the courtroom to provide dedicated representation. Contact Murphy Law Firm to learn how our resources and team can help with your personal injury claim.

Personal Injury: What Is It?

A personal injury occurs when one person injures another through their intentional or unintentional actions. The person who injured another must have had the responsibility to protect the injured person. Otherwise known as a duty of care, this can include things like sharing the road, performing an exam as a medical professional, or owning a business that’s open to the public.

In the event that the defendant (the person who injured the plaintiff) has insurance, the plaintiff would file a claim to receive compensation for their injuries from the insurance company. In most cases, a settlement can be reached before the case goes to trial. If the parties cannot agree, then a court can decide whether the defendant was at fault for the plaintiff’s injuries and assign damages.

Why Do I Need an Attorney?

Many personal injury claims might seem black-and-white, but insurance companies are financially motivated to compensate victims as little as possible for their injuries. The initial settlement offers for a personal injury claim are often shockingly low in the hopes that the plaintiff will accept them. Without an experienced attorney, it can be difficult to know how much you might be able to negotiate for.

An attorney can help calculate a fair value for the losses you suffered as a result of your injuries. They can incorporate additional documentation and evidence in your claim to argue for a better settlement amount, especially while you take time to recover. Don’t let a big insurance company offer less than you deserve.

Car/Vehicle Accidents

Unfortunately, many car accidents in Louisiana occur due to another driver’s negligence. This includes things like distracted driving, driving while under the influence of alcohol, and speeding. Car accidents can be expensive when considering property damage, medical expenses, and lost wages.

If you are involved in a car accident, it’s important to gather as much evidence as possible to support your personal injury claim. If possible, take photo and/or video evidence of the scene of the accident, as well as road signs and the general environment. Make sure to stay at the scene until a police report is created so that your perspective is accurately documented.

Sometimes, car accidents don’t require a trip to the emergency room. Even if your injuries aren’t severe, it could still be a good idea to visit a doctor or urgent care facility after the accident. Doing so creates medical records of your ailments and can alert you to serious injuries you might not have realized you sustained due to the post-accident endorphin rush.

Contacting insurance companies after a car accident can be difficult. While filing the initial claim might be easy, an adjuster might reach out for additional information after the fact. They might also deny or lowball your claim in an effort to save money. A personal injury lawyer can assist you with gathering evidence or negotiating with insurance companies after a car accident.

Truck Accidents

Accidents involving large trucks can seem similar to traditional car accidents, but they are often more complicated. Primarily, the injuries in a truck accident are normally more severe and are more likely to result in fatalities, potentially causing the need to file a wrongful death claim. Injuries that occur as a result of a trucking accident are more likely to impact someone’s quality of life, making it more important to file a personal injury claim.

Obtaining damages in a trucking case can be more difficult because there are often more parties involved that operate on a larger scale. Instead of negotiating with an insurance company that works with personal vehicles, trucking accident cases could involve negotiating with large employers that operate on a national scale. There might be more than two parties involved as well, complicating damage and fault amounts.

Navigating trucking accidents can sometimes involve both state and federal employment law. This is why it is so important to contact a personal injury attorney if you have been involved in an accident with a large truck. These cases often have several moving parts, and dealing with them on your own could make you miss out on important elements that could impact the amount of damages you receive.

Medical Malpractice

Medical procedures are often risky and sometimes come with additional complications. While many of these issues are unavoidable, some are caused by negligence from a healthcare provider. Medical malpractice cases can be filed against doctors, surgeons, and medical providers, depending on the circumstances.

One of the most common forms of medical malpractice is the failure to diagnose someone with a critical illness. If someone is ignored by their medical provider, they might not detect a serious issue until several months or years later. This can result in a worse diagnosis and outlook for the patient, increased medical costs, and a reduction in their quality of life. This form of malpractice can be difficult to prove, but an attorney can help gather evidence to support your claims.

Childbirth is an inherently risky procedure, but there are certain actions doctors should or should not take during the delivery process to increase the chances of success. If the baby or mother is not properly monitored during the process, they could both sustain wounds that affect them long-term. This could be considered medical malpractice, especially if the patient was not being supervised as they should have been.

Slip and Fall and Premises Liability

People who own property have a responsibility to maintain it so that others are not hurt while on the premises. If they are unable to repair unsafe parts of the building, they must alert visitors to the unsafe conditions. One of the most common types of injuries on another person’s property is a slip and fall. In some cases, this injury might be harmless, but other times, it causes serious injuries like broken limbs, head injuries, and more.

Workers’ Compensation or Workplace Injury Claims

Workers’ compensation claims technically aren’t classified as personal injury law, but in some cases, a personal injury attorney can be helpful when filing for workers’ compensation. An attorney can help ensure you receive a diagnosis that is accurate to your condition to maximize the benefits you might be entitled to. They can also encourage faster and more accurate payments.

Sometimes, injuries at work are caused by another party, like a vendor or another individual. If this is the case, an additional claim can be filed to recover damages from the other parties that were at fault. It could also be possible to file a personal injury claim against your employer if they acted intentionally to cause your injuries. We can also offer guidance on filing for disability benefits, depending on your condition.

Injuries at Sea

Individuals who work with ships or on the water are subject to laws that differ from those for traditional employees. Under the Jones Act, ship workers are able to file personal injury claims against their employer for injuries sustained while working due to employer negligence. Negligence can include things like lack of proper training, poor maintenance of equipment and vessels, and allowing employees to be exposed to hazardous materials or chemicals on the job.

Certain employees are not covered under the Jones Act but are instead covered by the Longshore and Harbor Workers’ Compensation Act. This is a different set of rules to follow when filing a personal injury claim. There are many different federal and state laws that impact one’s eligibility for a personal injury claim as a maritime worker, so check with a personal injury attorney to determine which laws apply to your situation.

Dog Bites

Not every dog bite is eligible for a personal injury claim in Louisiana. In order for an individual to recover damages, they must prove that the owner of the dog had cause to know that the dog would cause damages and chose not to intervene or take preventative measures by not exercising reasonable care. The person that was bitten is ineligible for compensation if they did something to aggravate the dog.

Dog bites require a significant amount of evidence to be proven in a Louisiana personal injury case. An attorney can help gather the right evidence and present it to court to prove that an owner was negligent in taking care of their dog. These types of claims can be difficult to win without an attorney’s guidance.

Wrongful Death

If a person dies due to being injured by another party, their spouse, children, or parents can sometimes file on their behalf. They can attempt to recover damages for the loss of a loved one, including their economic and non-economic losses. A wrongful death claim is completely different from a criminal case. If the death was caused due to criminal activity, then the defendant might have a separate criminal case that is unaffected by a wrongful death claim.

FAQs

Q: How Long Does a Personal Injury Claim Take in Louisiana?

A: A personal injury claim in Louisiana can take varying lengths of time to resolve, depending on the context of the case. It can take a while to report the accident, negotiate with insurance companies, and file a case with the court if necessary. For more exact details on how long your personal injury claim might take, schedule a consultation with a Louisiana personal injury lawyer.

Q: What Are Personal Injury Damages in Louisiana?

A: Damages for a personal injury claim are the monetary rewards you might receive due to another person causing your injuries. These damages can include things like compensation for current and future medical expenses, for the cost of repairing or replacing damage to personal property, and for lost wages due to losing the ability to work. There are also non-economic damages you may be entitled to, including pain and suffering.

Q: Can You Receive Compensation, Even if You Were at Fault?

A: Louisiana follows comparative fault law in personal injury claims. This means that even if you were partially at fault, you might still be able to recover damages. The amount of damages is reduced based on how much liability the court deems you to share for your injuries. As a result, you should still contact an attorney to determine your next steps, even if you were partially to blame for your injuries.

Q: Do I Have to Go to the Doctor After Being Injured?

A: Going to the doctor after a personal injury can be important if you end up filing a claim. Having official medical documentation to support your claims is helpful. Additionally, some accidents result in injuries that worsen over time. This means that even if you do not feel severely injured initially, seeing a medical professional can verify that your injuries resulted from the incident. For more information on how to document your injuries, contact a personal injury attorney.

Murphy Law Firm Serves All of Louisiana

If you have been injured due to the actions of another party, you may have legal options. Personal injury claims look different for everyone depending on the context of the situation, but many people are able to recover crucial, life-changing damages. For more information on how Murphy Law Firm can help with your personal injury claim, schedule a consultation with us today.

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