If you suffered injuries as a result of an accident, you likely face multiple challenges, including medical and financial issues. With the Law Offices of J. Price McNamara at your side, you do not need to face them alone. A Denham Springs personal injury lawyer will work hard to protect your rights so you could focus on recovering and moving forward.
Your Injuries Deserve Fair Compensation
You may have a personal injury claim, and thus are entitled to fair compensation, against those at fault for the accident that resulted in injury to your body, mind or emotion. Each case is unique and the expected amount of compensation depends on a number of factors. Thus, having a qualified Denham Springs personal injury lawyer examine your case as soon as possible is essential. He can assess the facts and circumstances of your case and help you through each step of the claims or litigation process.
Below are explanations of the two legal theories to obtain compensation and a few examples qualifying as a legally actionable personal injury claim.
Negligence is when someone fails to take reasonable care to avoid an accident that caused injury or death to another person. Every person is responsible for damages he or she causes due to his or her action, negligence, imprudence or “want of skill.” People are expected to exercise due care and has an obligation to care for the safety of others. If a person’s breach of this duty results in your injury, you may be able to receive compensation, or “damages.”
You are free to recover damages from any individual responsible for the accident causing your injury regardless of how big a role your actions contributed to the accident. Louisiana courts will take your actions into consideration if you are partially at fault for the accident and reduce the amount you may recover from other responsible parties by the percentage of your own fault.
Motor Vehicle Accidents
Some legal challenges you may face in a motor vehicle accident case is:
- Determining who is at fault for the accident
- Determining your injuries, especially if you have a pre-existing injury
- Getting the insurance company to pay a fair compensation
If you were a passenger of a motor vehicle accident and sustained injuries, you may file a personal injury claim against any responsible party and the driver’s insurance company regardless as to whether the driver was at fault.
Slip and Fall Accidents
Property owners and tenants are obligated to maintain their property free of potential hazards. You may be able to recover damages in a slip and fall case if the owner or tenant:
- Knew about the hazard or obstruction and did nothing to notify the public of the hazard or to remedy the hazard, or
- Denies knowledge of the hazard but someone else in their situation would have known of the hazard.
Medical Malpractice Claims
Medical malpractice occurs due to incompetent or unreasonable medical care, which falls under three categories:
1) Lack of Informed Consent — this occurs if either the medical professional:
- Failed to fully inform the patient of the risks and benefits of a given medical procedure, or
- Performed a procedure on a patient against the patient’s wishes.
2) Mistakes in Treatment — you must show:
- The medical professional must have made a mistake in the treatment of your condition; and,
- A reasonable, competent doctor would have not made that mistake in treatment.
3) Improper Diagnosis — you must show:
- They made the diagnosis improperly; and,
- A reasonable, competent doctor with the same information would not have made the same mistake and would have made the correct diagnosis.
A Denham Springs personal injury lawyer will examine the standard of care and retain an appropriate medical expert in order to support your medical malpractice claim.
Louisiana will hold parties strictly liable for injuries even if the party was not negligent in very specific, statutory situations.
Dog Bites and Other Injuries
Louisiana specifically hold dog owners strictly liable for damages for any injury the dog causes to a person or property if the:
- Owner could have prevented the injury; and,
- The injury did not result from your provocation of the dog.
This is true irrespective of where the injury occurred. The same law holding dog owners strictly liable of the dog’s behavior permits recovery for injuries caused by other domestic animals but only if the owner was negligent.
Manufacturers could also be held strictly liable for damages caused by an unreasonably dangerous product used in a reasonable anticipate manner. A product is unreasonably dangerous in one of four ways:
- In design
- In manufacturing, construction or composition
- Due to failure to adequately warning
- Because the product did not conform the an express warranty of the manufacturer
Examples include faulty brakes or airbags, pharmaceuticals, or playground equipment.
What About Work-Related Injuries?
Employers have a duty to their employees to ensure to provide a safe work environment. If you suffered a work injury while performing your duties or while at your workplace, you may file a Workers’ Compensation claim for your injuries without proving fault; however, you are precluded from suing your employer.
Recovery of Damages
Your Denham Springs personal injury lawyer will help you recover monetary damages for your losses, including:
- Medical expenses
- Lost wages
- Pain and suffering
Contact a Denham Springs Personal Injury Lawyer Today
Seek immediate legal assistance if you or a loved one suffered injuries due to an accident. You have one year from the date of the injury, or discovery that your injury was due to a defective product, to file your claim. A Denham Springs personal injury lawyer with the Law Offices of J. Price McNamara will help you navigate the claims or litigation process and ensure you obtain the results you deserve.