You may want to consider your legal options if you were injured in a slip and fall accident and this injury happened on somebody else’s commercial or residential property. Seeking legal guidance is particularly important in instances where the accident resulted from the property owner’s negligence.
If you decide to file a lawsuit related to your slip and fall, you should understand the rules and regulations that could affect your claim. A Lafayette slip and fall injury lawyer can help you grasp the nuances of these laws so that you can build a solid claim.
A Lafayette Slip and Fall Injury Lawyer Can Communicate with Other Parties on Your Behalf
Building a slip and fall case can be tedious if you are not familiar with the litigation process or still recovering from your injuries. When confronting more immediate concerns, like paying your medical bills or healing enough to return to regular activity, you might not consider filing a lawsuit a major priority.
However, we want to remind you that you do not have to choose between your personal and legal matters. A slip and fall lawyer from our legal team can build your case for you and pursue compensation on your behalf. To do this, our team will work together to:
- Identify who may be held liable for the slip and fall accident that occurred
- Investigate your accident to see if other evidence is available, including witnesses who might have seen the accident
- Prepare paperwork for your case and file it on time
- Communicate with interested parties in your case, such as an insurance company
- Build your case argument based on the evidence we have to support your claims
- Review settlement offers you receive from the insurance company or opposing party and advise you on whether to accept them
- Negotiate for a settlement deal with the opposing party
- Present your case in court to pursue compensation if necessary
While our team can do several legal tasks on your behalf, we want to reassure you that the final word in all decisions is yours. We aim to represent your interests and keep you updated on your case’s progress.
For a free legal consultation with a slip and fall injury lawyer serving Lafayette, call (337) 777-7777
Compensation in Slip and Fall Injury Cases Varies by the Case
If you or a loved one was injured in a slip and fall accident, you might be able to receive compensation for your damages. Our team can help you configure the total cost of your damages so that we can pursue the amount of compensation you need to recover financially.
For example, in terms of your financial losses, we may be able to help you recover:
- The cost of receiving medical care for your injuries
- Wages you lost due to missing work to treat or heal from your injuries
- Wages you expect to lose if you are still recovering from or living with your injuries
- The difference in earning power you have now that you’re injured
- The cost of repairing or replacing property that was damaged in the accident, if applicable
You Can Also Receive Compensation for Non-Financial Losses
You are not only entitled to compensation for financial losses. If you suffered significant physical pain or emotional losses, we could account for these damages and demand compensation for them. These damages, referred to as non-economic losses, may include:
- Pain and suffering
- Permanent disability or loss of bodily function
- Mental anguish or emotional distress
- Physical disfigurement
- Psychological trauma
- Diminished quality of life or loss of joy in former hobbies and activities
Keep in mind that these are only a few examples of damages you may pursue. Once we examine your case during a free consultation, we will explain in more detail how much compensation you may be entitled to collect.
Lafayette Slip and Fall Injury Lawyer Near Me (337) 777-7777
The Prescriptive Period in Slip and Fall Cases in Louisiana
According to CC §3492, lawsuits for an injury in Lafayette must be filed within a year from the date of the accident. This also applies to claims for property damage or injuries caused by slips and falls on dangerous properties. If the slip and fall lawsuit is not filed before the deadline, the court may bar the case even if it is otherwise valid.
Even if the claimant believes the case will reach a settlement, they should allow for enough time to initiate a lawsuit. Consulting a Louisiana slip and fall attorney can prove helpful for anyone faced with the filing deadline.
Comparative Negligence Rule in Lafayette May Affect Your Case
If the victim was partially negligent and contributed to the accident in any way, the comparative negligence rule in Louisiana will decide the amount of compensation they are eligible to receive, per CC §2323.
When there is a trial in any slip and fall case in Louisiana, the court or the jury will first determine the amount of losses sustained by the plaintiff, such as lost income and medical expenses. After this, the negligence attributable to each party will be defined as a percentage. Finally, the court will determine the damages to be awarded to the injured plaintiff in keeping with these percentages.
Thus, an at-fault plaintiff can still be compensated for their injuries, but the compensation they get will be reduced in proportion to their percentage of fault.
Arguments a Property Owner Can Make to Claim Comparative Negligence
Here are a few typical arguments a property owner may use to claim the victim was partially at fault:
- They were not paying attention while walking.
- It should have been evident that the property was in a dangerous condition.
- The person was in a section of the property where visitors or customers are not permitted or expected to venture when they were injured.
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An Iberia Parish Slip and Fall Injury Lawyer Can Help You Prove Liability For Your Injury
In Louisiana, a premises owner is liable for any injuries sustained due to unreasonable danger on their property. For the injured party to successfully bring a claim, they must establish that:
- The premise was unreasonably dangerous.
- The owner should have known of the dangerous condition.
- The injuries sustained were a direct result of the fall.
In addition, victims must file a personal injury claim within one year of the accident, according to CC §3492. As a result, it is imperative that any personal injury claim is filed in a timely manner. An Iberia Parish slip and fall lawyer could assist in determining the strength of a potential damages claim and ensuring that all relevant deadlines are met.
Get in Touch with a Lafayette Slip and Fall Attorney Today
It is essential to build a strong case against the property owner if you are seeking compensation for your injuries. Consult an experienced Lafayette slip and fall attorney if you or someone close to you has sustained injuries in a slip and fall to learn how you can build the strongest possible claim. Call