Being involved in a serious accident can upend your entire life, perhaps even on a permanent basis. Personal injuries can impair your ability to earn a living and even perform basic day-to-day activities. While some medical conditions necessitate only a limited recovery period, others may require medical care and treatment for the rest of your life.
When individuals act in a negligent or reckless manner that disregards the safety of others, accidents happen and injuries result. Working with an Alexandria personal injury lawyer could help you obtain much-needed compensation to support your family while you focus on recovering from your injuries.
While financial compensation cannot necessarily return you to the state you were in prior to the accident, it can help pay for the steadily increasing medical bills and expenses that are related to the treatment of your injuries. An adept personal injury attorney may be able to assist in any personal injury claim that you may have.
Negligence is the foundation of many personal injury actions under Louisiana law. In order to bring a successful personal injury claim, injury victims must prove the following elements:
One common example of negligence that leads to a personal injury action is a car crash caused by a drunk driver. All drivers owe a duty of reasonable care to other drivers, passengers, and pedestrians. When drivers choose to drive while intoxicated, they breach that duty of care, and when injuries result from that breach, they can be held liable for the victims’ resulting injuries. An Alexandria personal injury lawyer could help hold the at-fault party liable for the accident victim’s injuries.
Pursuant to Louisiana Civil Code §2323, individuals who are partially responsible for the accident that caused their injuries can still recover compensation from others who also were at fault for the accident. In comparative fault states like Louisiana, individuals may not recover the entire amount of their damages if they are partially at fault for the accident.
In this situation, the damages that individuals may receive could decrease according to their percentage of fault. As a result, individuals who are 40 percent at fault for the accident would only be entitled to recover 60 percent of their damages—in other words, the percentage of fault allocated to the other party or parties involved in the accident.
Louisiana has a much shorter statute of limitations—known locally as a prescriptive or prescription period—for personal injury claims than other states. This period establishes the deadline by which injury victims must file their personal injury claims in court.
Under La. Civil Code §3492, injury victims have one year from the date of the accident that led to their injuries in which to file their personal injury claims. If potential plaintiffs fail to meet this deadline, they forfeit their ability to file personal injury claims.
Do not allow individuals whose misconduct led to your injuries to avoid responsibility for their actions. Hold them accountable and seek compensation for the injuries that you sustained by contacting a personal injury attorney in Alexandria for advice.
While you concentrate your efforts on your physical and emotional recovery, your Alexandria personal injury lawyer could assist you with the financial aspects of your recovery. Call today to schedule an initial meeting and learn whether you might be entitled to seek compensation for your losses.