Office InformationAddress Laborde Earles Injury Lawyers
100 Versailles Blvd Suite A,
Alexandria, LA 71303, United States
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 and Liability
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:
- The defendant owed the victim a duty of reasonable care
- The defendant breached that duty of care
- The breach was the proximate cause of the victim’s injuries
- The victim suffered physical injuries
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.
For a free legal consultation with a personal injury lawyer serving Alexandria, call +1 318-777-7777
Comparative Fault in Alexandria Personal Injury Cases
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.
Alexandria Personal Injury Lawyer Near Me +1 318-777-7777
Prescription Periods and Personal Injury Claims
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.
Rapides Parish Personal Injury Lawyer
Types of Personal Injuries
Negligent individuals could be held liable for various kinds of accidents, including but not limited to:
- Animal bites
- Automobile crashes
- Occupational hazards
- Trip and fall accidents
- Property negligence
- Traumatic impact injuries
- Dangerous products
- Neglect and abuse
It may be wise to speak to a seasoned personal injury attorney in Rapides Parish to determine if a particular case has merit and if it is eligible for compensation.
Basic Requirements for Proving Negligence in Rapides Parish
The State of Louisiana allows injured individuals to seek compensation for their damages from the party responsible for causing those damages. To do so, however, they must adhere to the requirements outlined in the law for proving liability. A jury cannot render a verdict in favor of the plaintiff unless the plaintiff can demonstrate all the elements of legal negligence. Contact our Rapides Parish personal injury lawyers today, for a free consultation.
Duty of Care
First, the plaintiff must prove that the defendant had a duty to act as another reasonable person in their position would. For example, a doctor owes their patients a duty to provide adequate care, drivers owe everyone on the road a duty to drive carefully, and property owners owe visitors a duty to keep their land safe for visitors.
Breach of Duty
When a party or entity fails to act in a reasonable manner, they may have breached their duty of care. However, as noted below, a breach of duty does not automatically give rise to a valid lawsuit.
To successfully win a personal injury case, a plaintiff must establish proximate cause, also known as legal cause. Proximate cause means the injury was foreseeable by the defendant and directly caused by their actions or inactions.
Finally, the plaintiff must have incurred damages—economic or non-economic—from their injury.
What are some common types of Damanges in a personal injury lawsuit?
- Loss of companionship
- Loss of consortium
- Past and future medical bills
- Lost income and wages
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
A knowledgeable Rapides Parish personal injury lawyer could help injured individuals understand the types of damages they may be eligible to recover and help them seek compensation.
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Let an Alexandria Personal Injury Attorney Help
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.