Possible Recoverable Damages in Personal Injury Lawsuits

If you look to pursue a personal injury lawsuit with an attorney, you may be asked to provide documentation that proves all the damages you have suffered from. During a personal injury case, damages are considered “the sum of money the law imposes for a breach of some duty or violation of some right,” as stated by the Legal Information Institute (LII). Essentially, your damages are a cumulative and monetary figure that includes all your losses in the settlement package that is eventually presented to the defendant. Damages may also be considered “compensatory” or “punitive.” According to Cornell Law School, compensatory damages can compensate the plaintiff for loss or injury, while punitive damages are awarded to punish the negligent party. Your damages may also depend on the extent of your accident or personal injuries. For instance, you may experience more medical costs and additional damages when involved in a motor vehicle accident compared to being bitten by a dog. There are a variety of common damages that may be included into a personal injury lawsuit, such as, but not limited to:

  • Current medical costs
  • Future medical costs
  • Lost wages
  • Future earnings losses
  • Limited earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Wrongful death

Once you have begun to identify all your damages, you may then monetize these damages into one figure and present this number in a settlement package. Your damages will play a crucial role in determining how much compensation you may be entitled to via a personal injury lawsuit.

Working with a Personal Injury Attorney

A Coteau Holmes personal injury lawyer can potentially help you and your family monetize all your damages following a free consultation with our law firm. Additionally, we may also help you file the personal injury lawsuit within Louisiana’s statute of limitations law.

As stated under Louisiana Civil Code Section 3492, the statute of limitations to file a personal injury lawsuit is within two years of your accident or injury. If you fail to submit your claim during this allotted time period, your case could potentially be dismissed should the defendant realize this. Once the court is made aware that your case was filed beyond the statute of limitations, they will likely dismiss your case, which would forfeit your legal recourse rights.

In some situations, there may be exceptions to the dismissal of a personal injury lawsuit that was filed after the two-year mark. Under section 3492, extensions may be granted for cases involving a plaintiff that is under the age of 18. Additionally, defective product personal injury cases may also be granted more time, considering that it may take an extended period to uncover the true cause of the plaintiff’s injury.

When looking to build a personal injury lawsuit that includes evidence against the defendant, consider calling a Coteau Holmes personal injury lawyer from Laborde Earles Injury Lawyers to begin a free consultation. To learn more about evidence you may require proving the defendant was negligent, call today.

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Personal Injuries and Negligence

Some personal injury cases leave plaintiffs with serious and life-threatening injuries. For instance, a traumatic brain injury (TBI) is a type of serious injury that is related to a variety of personal injury cases. This is because TBI is caused most frequently in the United States by falls, according to the Centers for Disease Control and Prevention (CDC). In 2014, the CDC found that motor vehicle crashes were the second leading cause of all TBI-related hospitalizations in America. Additional injuries you may be faced with may include spinal cord injuries, concussions, lacerations, neck injuries, torn ligaments, fractures, and more. Regardless of the type of injury you may be faced with, a personal injury lawyer can work to help you seek justice for suffering those injuries that were caused by someone else’s negligence. To prove negligence, Cornell Law School states that you must have evidence that proves the four elements of negligence, which include:

  • The existence of a legal duty of care.
  • Proof that the plaintiff suffered damages or an injury.
  • A breach in that duty of care.
  • Evidence that proves the defendant’s negligence caused the damages.

The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Contact the Office of a Personal Injury Lawyer to Learn More Today

If you or a loved one is looking to build and file a personal injury lawsuit in Coteau Holmes, consider calling Laborde Earles Injury Lawyers. Our law firm offers free consultations to help determine your legal options and to potentially help you wade through the personal injury laws of Louisiana. To schedule your free consultation with our personal injury law firm, call us today.

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