It is common to feel overwhelmed by challenges you faced with after sustaining injuries in an accident. Prairieville personal injury lawyer J. Price McNamara knows the different issues that may come with your injuries.
Potential Compensation or Damages
Each personal injury case is unique because of the different factors that must be considered when determining your eligible compensation. A Prairieville personal injury lawyer will evaluate your claim, go over your injuries, and assess whether your personal injury case is viable.
You may be entitled to monetary compensation, or damages, that your Prairieville personal injury lawyer may help you recover. There are different kinds of damages, such as:
- Medical expenses
- Lost wages
- Out-of-pocket expenses
- Disability or disfigurement
- Pain and suffering
- Loss of consortium
Every person is obligated and has a duty to conduct themselves in a safe manner, or with proper care, so as to not cause another injury. You may be entitled to recover your damages if the person fails in this duty and their negligence caused your injuries.
Motor Vehicle Accident Injuries
Like other personal injury claims, motor vehicle accidents come with legal issues, like determining who is responsible for the accident. Even if you are partially responsible for an accident, you still could be eligible to receive compensation; however, your damages may be decreased by your percentage of fault. As an injured passenger in a vehicle, you are entitled to file claims against your driver’s insurance company and the other involved parties. Another common challenge is actually receiving payment from the insurance companies.
Work Accident Injuries
Work-related injury often occurs when employers fail in their duty to ensure their employees work in a safe work environment. Employers must ensure a safe work environment by providing, for example:
- Hard hats where hard hats are appropriate
- Safety equipment where employees handle hazardous or dangerous chemicals or equipment
Injuries at work may occur from slip and fall accidents, like when the employer fails to:
- Use a railing or banister to secure a platform
- Timely clean or affix warning signs when the floor is wet
Generally, you would submit a Workers’ Compensation claim for work-related accidents.
Slip and Fall Accident Injuries
Owners owe a duty of care to people who are on their property. They have an obligation to be aware of the dangers that could cause others injury. They must either remedy the hazard or danger or provide adequate warnings of those dangers. You may be eligible to compensation if you were injured in a slip and fall accident if the owner:
- Knew of the hazard or danger but did not adequately remedy or warn of the hazard or danger
- Denies any knowledge of the hazard or danger but someone similarly situated would have known about it.
Medical Malpractice Accident Injuries
You may have a medical malpractice claim if you were injured due to incompetent medical professionals or unreasonable medical care. Your Prairieville personal injury lawyer will look for one of the three key factors in determining whether you have a viable medical malpractice claim:
1) Failure to Provide Informed Consent
You may have a medical malpractice claim for lack of informed consent if the medical professional:
- Did not fully inform you of the risks and benefits of your medical procedure, or,
- Performed a procedure against your wishes.
2) Treatment Mistakes
Your Prairieville personal injury lawyer will prove there is a mistake in treatment if:
- The medical professional made a mistake while treating your condition; and,
- A reasonable, competent medical professional would not have made that same treatment mistake.
3) Diagnosis Improperly Made
Improper diagnosis may be a basis for a medical malpractice claim if:
- The diagnosis was made improperly; and,
- A reasonable, competent doctor with the same information would not have made that same mistake and they would have made the correct diagnosis.
Your Prairieville personal injury lawyer will retain a relevant, qualified medical expert to examine your case and to support your claim.
In Louisiana, a person who may not have acted negligently can be held strictly liable for injuries in specific statutory situations.
Dog Causes Injury
Dog owners are held strictly liable for damages for any injuries to a person or property caused by their dog if:
- The injury could have been prevented by the owner; and,
- The person who was injured did not provoke the dog.
It is irrelevant of where the dog was located when the injury occurred; the injury could have occurred on your property, the owner’s property or public property.
Manufacturers could also be held strictly liable for your damages if your injuries were caused by an unreasonably dangerous product used in a reasonably anticipated matter. Unreasonably dangerous products could occur:
- During the design stage;
- During manufacturing, composition or construction;
- From failing to provide adequate warnings; or,
- From not conforming to the manufacturer’s express warranty.
Examples include: defective airbags or brakes, playground equipment, pharmaceuticals.
Prairieville Personal Injury Lawyer Can Help
Louisiana provides a statute of limitations of one year from the date of your accident/injury, or discovery that a defective product caused your injury, to file your claim. Contact the Law Offices of J. Price McNamara to speak to an skilled Prairieville personal injury lawyer about your claim.