Premises liability laws require a premise owner to ensure their property is reasonably safe for guests. If an owner neglects to do this and a person is injured on their property, they can be held legally responsible for the victim’s physical, emotional, and monetary losses. A Branch premises liability lawyer can help you in your quest to recover compensation.
Sustaining a severe injury on another individual’s property can be devastating. Medical expenses may accumulate rapidly, and if you cannot work, you and your family may be under excessive financial strain. If you experienced a personal injury due to a commercial or residential property owner’s carelessness, Laborde Earles Injury Lawyers can help you file your claim and work to secure a favorable outcome on your behalf.
How a Premises Liability Attorney Can Help
The following are a few ways a Branch premises liability lawyer can assist with your claim:
Helping You Avoid Mistakes
Navigating the civil claims process can be challenging, and for those unfamiliar with the legal system, it’s not hard to make expensive mistakes. In fact, one error or omission could be enough to sabotage your entire case.
Missing compulsory deadlines, providing a recorded statement to an insurer that could be used against you, and discussing your lawsuit on social media are just a few common missteps claimants make when representing themselves. Our legal team can help you avoid making these critical blunders.
Ensuring Conditions Are Equal
Insurance adjusters often negotiate as part of their jobs, but you probably do not. Retaining a premises liability attorney can help level the playing field and intercede on your behalf so you won’t need to worry about being coerced or strong-armed into agreeing to a low-ball settlement less than what you should be entitled to.
Identifying All Recoverable Damages
Claimants unfamiliar with Louisiana personal injury law may overlook certain recoverable damages. A premises liability attorney who understands the laws governing premises liability claims can ensure that you include all past and future economic and non-economic losses in your claim.
Taking Your Case to Court, if Necessary
Most personal injury cases do require litigation. However, the opposing party must know you’re not afraid to go to court. If they decline to settle after extensive negotiations, our trial attorneys can take them to court and aggressively represent your best interests.
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Proving Negligence and Liability in Premises Liability Lawsuits
In the aftermath of your injury, you should anticipate that the property owner will refuse to accept responsibility. Building a solid premises liability case means that negligence on the owner’s part must be established as fact. You and your attorney must prove the following factors are true to do this:
- The property’s conditions were hazardous at the time of your injury, thereby violating the duty of care you were owed.
- The owner knew or should have known that the property was in a dangerous condition that caused the injury.
- You were injured due to the property’s existing conditions and incurred losses as a result.
Louisiana law CC §2322 allows individuals in certain circumstances to file a civil lawsuit against a derelict property owner for their injuries and losses. Although proving negligence can be challenging, our legal team at Laborde Earles Injury Lawyers has the knowledge and resources to investigate and fight for restitution for your injuries.
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What Are Recoverable Damages?
Damages receivable in a premises liability lawsuit are intended to compensate you for your injury-related losses, such as those related to medical bills and your quality of life. Some common types of recoverable damages you might be entitled to claim include the following:
- Past and future healthcare expenses, such as emergency care, hospitalization, therapies, surgeries, doctor’s visits, medication, etc.
- Physical pain and suffering
- Emotional anguish
- Care and support costs
- Lost income and diminished earning capacity
- Loss of life enjoyment and companionship
- Scarring, disfigurement, or disability
- Other miscellaneous expenses
Each claim’s value is different and dependent on several factors that can make a significant difference, one way or other, in your financial award.
Economic damages, including medical costs and lost income, can often be precisely quantified using bills and receipts. More subjective damages, such as emotional anguish, can be estimated based on testimony from yourself, experts, and other witnesses aware of your injury’s sweeping impact on your life and loved ones. A premises liability lawyer will calculate your claim’s total value before settlement talks begin.
Wrongful Death
A wrongful death lawsuit is intended to compensate a decedent’s surviving family members when their death was due to an injury caused by another party’s negligence. In Louisiana, only certain relatives are allowed to file such a claim, and it must be filed within one year of the decedent’s fatal injury occurring. Possible claimants include the surviving spouse, children, parents, siblings, and grandparents.
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Premises Liability Applies to Various Accidents
Common premises liability accidents include those that involve the following:
- Slip and falls
- Defective or uneven stairways and stairwells
- Loose or missing railings
- Icy sidewalks and parking lots or those in disrepair
- Unmarked thresholds
- Wet or waxy floors
- Structural collapses
- Inadequate security and maintenance
- Building and safety code violations
- Negligent security and warnings
- Poor lighting
- Exposed electrical wiring and electrocution
- Falling objects and construction hazards
- Swimming pools and drowning
- Malfunctioning elevators and escalators
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Premises Liability Injuries Can Be Severe
Premises liability accidents can cause a variety of injuries. Some injuries include the following:
- Head and brain injuries
- Facial injuries
- Back and spinal cord injuries, including partial or total paralysis
- Sprained or broken arms, hands, ribs, hips, legs, ankles, or feet
- Muscle strains
- Internal bleeding
- Burns
- Eye injuries
- Cuts and lacerations
- Severe bruising or other soft tissue injuries
In Louisiana, the statute of limitations for a premises liability lawsuit is just one year from the date of the accident, according to CC Art. 3492. For this reason and others, we urge you to retain a personal injury attorney who can ensure your claim meets all the requirements for litigation, including legal deadlines.
Contact Us to Start Working With a Branch Premises Liability Lawyer
If you’ve been injured on another person’s property and believe the owner was negligent and responsible for the injury, contact Laborde Earles Injury Lawyers for a free, confidential consultation. We understand Louisiana premises liability laws and know how to gather the evidence needed for a successful claim and fight for the compensation you deserve.
Call us today!
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULATION
24 hours a day • 7 days a week
