You may become overwhelmed by the challenges you face after sustaining injuries in an accident. The Bogalusa personal injury lawyer with Law Offices of J. Price McNamara understands the various issues that come with severe injuries.
Obtaining Just Compensation
Each personal injury case is unique because various factors must be considered when determining your eligible compensation. A Bogalusa personal injury lawyer will examine your claim, discuss your injuries, and assess whether your facts and circumstances qualifies as a viable personal injury claim.
You may be entitled to different types of monetary compensation, known as damages, that your Bogalusa personal injury lawyer may assist you in recovering. These damages may include:
- Past, present and future medical expenses and/or lost wages
- Out-of-pocket expenses
- Disfigurement or disability
- Pain and suffering
- Loss of consortium
Negligence Causing Injuries
Every person is obligate to act with proper care or in a safe manner to not cause injury to another. When a person fails in this duty, and is therefore negligent, you may be entitled to recover damages if the person’s negligence caused your injuries.
Motor Vehicle Accidents
Motor vehicle accidents are one of the most common personal injury claims, which come with legal challenges such as determining who is at fault for the accident. People partially at fault for an accident may still be entitled to compensation; although, their damages will be reduced by the percentage of fault. If you are a passenger, you are entitled to file claims against the other involved driver(s) and your driver’s insurance company. Another common challenge is having the insurance companies actually pay.
Accidents Related to Work
When employers fail in their duty to provide a safe work environment for their employees, work-related injuries may occur. Employers must ensure the work environment is safe by providing, for example:
- Safety equipment in locations where employees handle dangerous chemicals or equipment
- Hard hats in hard-hat-appropriate locations
Work-related injuries may include slip and fall injuries, like:
- Failing to secure a platform with a banister or railing
- Failing to timely place warning signs or clean liquid on the floor
If you were injured in a work-related accident, you most likely will file a Workers’ Compensation claim.
Accidents from Slips and Falls
Property owners owe a duty of care to people on their property. They are obligated to be aware and either remedy or provide proper warnings of potential dangers on their property that could cause others injury. If you were involved in a slip and fall accident, you may be entitled to compensation if the property owner:
- Knew of the danger but did not adequately remove or warn of the danger
- Disavowals any knowledge of the danger but someone similarly situated would have known of it.
Medical Malpractice Injuries
If you were injured due to your medical professional’s incompetence or unreasonable medical care, you may have a medical malpractice claim. Your Bogalusa personal injury lawyer will look for one of the three key factors in determining the standard of care the medical professional exercised:
1) No Informed Consent
Your Bogalusa personal injury lawyer will show that there was a lack of informed consent because the medical professional:
- Did not fully inform you of the risks and benefits of the medical procedure, or,
- Against your wishes, performed a procedure.
2) Treatment Mistakes
There is a mistake in treatment if:
- The medical professional actually made a mistake while treating your condition; and,
- A reasonable, competent medical professional would not have made that treatment mistake.
3) Improper Diagnosis
You may have a medical malpractice claim based on improper diagnosis if:
- The diagnosis was actually improperly made; and,
- A reasonable, competent doctor with the same information would not have made that mistake and would have made the correct diagnosis.
Your Bogalusa personal injury lawyer will retain a qualified medical expert to examine your case and support your claim.
Louisiana holds a person strictly liable, even if they are not negligent, for injuries in certain statutory situations.
Injury Caused by a Dog
Dog owners are held strictly liable for damages for any injuries — not limited to a injuries from a dog bite — to a person or property caused by the owner’s dog if:
- The owner could have prevented the injury; and,
- The injury was not a result of the person provoking the dog.
The location of where the injury occurred is irrelevant—whether it was on your property, the owner’s property or public property.
Accidents Due To Defective Products
If your injury was caused by an unreasonably dangerous product used in a reasonably anticipated matter, the manufacturer could also be held strictly liable for your damages. A product can be unreasonably dangerous:
- In specifications or design;
- In manufacturing, composition or construction;
- From failure to adequately warning; or,
- From nonconformity to the express warranty of the manufacturer.
Examples include: playground equipment, pharmaceuticals, and faulty airbags or brakes.
Seek a Bogalusa Personal Injury Lawyer
There is a deadline to file your claim: a year from the date of your accident/injury, or discovery that your injury was caused by a defective product. Call the Law Offices of J. Price McNamara at (504) 458-8455 to speak to an experienced Bogalusa personal injury lawyer for help with your claim.