Lafayette Slip and Fall Injury Lawyer

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

If you suffered other financial losses, we can collect receipts or other financial documents to calculate their value and add them to your demand letter. 

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.

Can Surviving Families Collect Compensation on Behalf of Their Late Loved One?

Yes. If your family member or spouse passed away after slipping and falling on another party’s property, you may qualify to file a wrongful death claim or lawsuit on their behalf to pursue compensation for damages. While the passing of a loved one cannot be remedied by money, pursuing this type of legal action can serve as a practical way to get back on your feet and hold a negligent party accountable for your loved one’s death.

In these types of cases, wrongful death damages may involve:

• Costs to arrange your loved one’s funeral
• Medical debts your loved one left behind if they received treatment before their untimely demise
• Financial support you lost if your loved one contributed to the family net worth
• Emotional losses related to the love, guidance, companionship, and affection your loved one gave to you and other family members
• Loss of consortium if you are the surviving spouse

Our legal team at Laborde Earles Injury Lawyers sends our condolences if this applies to your situation. We are patient with our clients and serve to present their story as accurately as possible so that they may receive compensation that’s fair to them.

The Prescriptive Period in Slip And Fall Cases in Louisiana

According to CC Art. 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 settle, they should allow 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 Art. 2323.

Comparative Negligence in Louisiana

When there is a trial in any slip and fall case in Louisiana, the court or the jury will follow these steps:

• First, the jury will determine the amount of losses sustained by the plaintiff, such as lost income and medical expenses. 
• After determining which damages qualify, the jury will assign a percentage of fault to each party. If you contributed to your fall, this may take some percentage of fault away from the defending party. As long as they have a majority of fault, you may still receive compensation.
• Finally, the court will determine the damages awarded to the injured plaintiff in keeping with these percentages.

Thus, an at-fault plaintiff can still be compensated for their injuries, but their compensation 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.

Your personal injury lawyer will anticipate potential counterarguments from the defendant and strategize how to advocate for your compensation despite them. They may collect evidence to showcase how the accident occurred, such as surveillance footage, eyewitness testimony, or photos of the scene’s hazardous conditions.

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 Art. 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 ensure 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. Consider hiring a Lafayette slip and fall attorney if you or someone close to you has sustained injuries in a slip and fall accident, and learn more about how you can build the strongest possible claim. 

Call (337) 282-9205 today for a free case evaluation. Our attorneys work on a contingency-fee basis, meaning we do not charge our fees unless we win your premises liability case. On top of this, our fees are paid through a percentage of your compensation award, so you never pay us with your money. Don’t hesitate to call and start your legal journey today.