Suffering a personal injury can dramatically alter lives. For that reason, it is important to understand basic facts when it comes to personal injury lawsuits. Here are some frequently asked questions about personal injury lawsuits:
1) What is the statute of limitations on a personal injury claim in Louisiana? The length of time a person has to file a case depends on the type of personal injury claim. Auto accident personal injury cases have one year from the date of the accident to file a claim. However, there could be exceptions depending on injuries. An example of this is if your personal injury case arises out of a medical malpractice event, you will have one year from the date you discovered, or should have discovered your personal injury was caused by malpractice.
2) If I am involved in a car accident in Louisiana without auto insurance, can I still recover for my injuries? To recover for damages related to an auto accident in Louisiana you must have the statutorily authorized minimum amount of auto insurance coverage. You may still be able to recover for your injuries even if you don’t have the minimum amount of coverage. If your auto accident injuries requires medical treatment over $10,000, you may still be able to recover for your damages without having auto insurance.
3) If I injure myself on someone’s property are they responsible for my damages? Louisiana law provides a remedy for individuals who are injured because of unreasonably dangerous conditions existing on someone’s property. This area of law is called premise liability and falls into negligence law. In such instances, liability depends on whether the property owner knew or should have known that there was an unreasonably dangerous condition on their property which caused your personal injury.
4) What do I do if I am involved in an accident or personal injury event? The best thing to do if you have suffered some sort of personal injury is to seek medical attention immediately. Be sure to document dates, times, people involved and possible witnesses. Then seek the advice of a qualified attorney as soon as possible. The law limits the amount of time you have to file a lawsuit, so there is no time to waste. Call J. Price McNamara today and get his experienced team working for you.
5) What happens if I am bitten by a dog? The State of Louisiana’s dog bite statute requires that a dog bite victim to prove that the incident was one which the dog owner could have prevented. As such, the owner of a dog is answerable for the damage caused by the animal. It is important to note that this only applies upon a showing that the owner knew or should have known that his animal’s behavior would cause damage. Moreover, it must also be shown that the damage could have been prevented by the exercise of reasonable care, and that the owner failed to exercise such reasonable care.
The owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented. Additionally, in order to prevail, injuries must now have been caused by a person’s provocation of the dog. A person injured by a dog in Louisiana can also use scienter, negligence, and negligence per se as grounds for owner liability. Nothing in this article should be construed as legal advice. Any and all questions about specific facts, cases, injuries, accidents and events should be directed to a qualified and experienced attorney like J. Price McNamara.
J. Price McNamara Can Help You With Your Personal Injury Case
Have you or a loved one recently suffered from an injury or accident due to someone else’s negligence? If so, you may be entitled to compensation for your injuries. To be successful in your case, you need an aggressive personal injury attorney with extensive knowledge of Louisiana law. This knowledge and experience can help get you the money you deserve in your case. The highly skilled team at J. Price McNamara has been practicing law in Louisiana for many years and has handled many cases just like yours. We are waiting to help you with your case. Call us to schedule your free case review and get an experienced attorney on your side today.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded J. Price McNamara ERISA Insurance Claim Attorney, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts