If you sustained injuries in an accident, the last thing you want to worry about is money. With the help of an experienced Houma personal injury lawyer, you could obtain monetary compensation for your injuries and losses. J. Price McNamara understands that personal injury claims not only require immediate and aggressive action, but also personalized attention.
You must consider a number of factors when calculating your eligible compensation. A Houma personal injury lawyer will review your claim, assess your injuries and damages, and, based on the facts and circumstances of your case, determine whether your personal injury claim is viable.
Your skilled Houma personal injury lawyer can aid you in recovering both your economic and non-economic damages. Your objectively verifiable monetary losses, called economic damages, may include:
- Medical expenses
- Lost wages
- Out-of-pocket expenses
- Economic value of domestic services
Your subjective, non-monetary losses, called non-economic damages, may include:
- Pain and suffering
- Loss of consortium, society, and/or companionship
Personal Injury Based on Negligence
You may be able to recover damages if a person’s negligent conduct caused your injuries. A person is negligent when they fail in their duty or obligation to exercise reasonable care to avoid causing a foreseeable injury to another. Below is a brief overview of several types of personal injury cases based on the negligence theory.
Motor Vehicle Accidents
Motor vehicle accidents are one of the most common personal injury claims. One of the first issues is determining who is at fault for the accident, especially if the accident involved multiple people. Louisiana allows people who are partially at fault to recover damages, although the compensation is reduced by the percentage of liability. Further, if you are an injured passenger, you may recover compensation from the driver of the vehicle you were in and from the other parties.
Injuries at work could be caused by the employer’s failure to give its employees a safe work environment. For instance, an employer’s duty may include providing:
- Hard hats in hard-hat appropriate areas
- Proper safety gear and equipment
- Platforms with securely attached banister or railing
- Warning signs or timely cleaning up liquid on the floor
Instead of filing a civil personal injury claim, you should file a Workers’ Compensation claim for your work-related injuries. A knowledgeable Houma personal injury lawyer can assist you throughout the claim process.
Slip and Fall Accidents
Property owners owe an obligation to safeguard people from harm due to the dangers and hazards on the owner’s property. Courts could hold owners liable for a slip and fall injury if they:
- Knew of the danger on their property but failed to properly warn or remedy it, or
- Denied knowledge of that danger but should have known of it.
Injuries From Medical Malpractice
A medical professional’s incompetence or unreasonable medical care that causes injury may give rise to a medical malpractice claim. You have a viable medical malpractice claim if the medical professional’s conduct falls under one of three elements:
1) Improper Diagnosis
There was an improper diagnosis if:
- Your medical professional made the wrong diagnosis; and,
- A reasonably, competent doctor with the same information would not have made that mistake and would have correctly diagnosed you.
2) Lack of an Informed Consent
Lack of informed consent exists if your medical professional:
- Failed to inform you of all the risks and benefits of the medical procedure; or,
- Performed the procedure against your wishes.
3) Mistakes in Treatment
Mistakes in treatment occurred if:
- Your medical professional made a mistake while treating you; and
- That same mistake would not have been made by a reasonably, competent medical professional.
Personal Injury Based on Strict Liability
There are statutory situations where Louisiana imputes liability without regard to fault. This is strict liability, examples of which we discuss briefly below.
Injuries Caused by a Dog Bite
Dog owners are strictly liable for injuries caused by their dog, including dog bites and other attacks, if:
- The owner could have prevented the injury; and,
- You did not provoke the dog, which resulted in your injury.
Injuries Caused by Defective Products
Likewise, manufacturers are held strictly liable if their unreasonably dangerous product used in a reasonably anticipated manner caused your injuries. Unreasonably dangerous products occur:
- During the design stage;
- During the manufacturing process;
- From failing to provide adequate warnings of the inherent dangers; or
- From not conforming to the manufacturer’s express warranty.
Speak to a Houma Personal Injury Lawyer
If you sustained injuries in an accident, contact Houma personal injury lawyer J. Price McNamara today. You must file a personal injury lawsuit within a year from the date of your accident/injury, or when you discovered a defective product caused your injury. Call (504) 410-7673 today for a free consultation.