Negligence in Personal Injury Cases

Under federal law, anyone who is injured or passes away due to the actions of another has the right to pursue legal action against the defendant. The defendant can be an individual, a business, or even a municipal organization, such as your local government. The failure to prevent an injury to someone due to lack of care is known as negligence.

Negligence can come in many different forms depending on the circumstances. For example, someone can be found negligent if they caused a car accident because of texting while driving. A business may be found negligent if they sold a product that caused an injury to a customer. A lawyer can examine your experience and determine if you can file a lawsuit.

Common Types of Personal Injury Cases

Premises Liability

Examples of premises liability include a slip and fall, being struck by an improperly mounted sign or shelf, or a similar type of hazard that the owner failed to prevent. The premises can be a private residence or a commercial property, such as a retail store. The owner or manager of the property is liable for neglecting their duties to keep their property safe for visitors or anyone who is legally conducting business on the property.

Medical Malpractice

A healthcare provider can be held liable for causing injuries to their patients. Common types of medical malpractice claims include misdiagnosis, medication errors, birth injuries, and surgical errors. Patients should be able to trust their healthcare providers, whether they are a nurse practitioner or a licensed physician. Even in a field that is heavily regulated, healthcare providers can still harm their patients out of negligence.

Car Accidents

Car accidents can have devastating consequences. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, 36,096 people died due to car crashes in the United States alone. This number does not include the amount of non-fatal injuries that resulted in permanent disability.

Product Liability

If a business sells a product that harms someone, that business can be found liable and negligent. Products that have a defective design, such as a vehicle that has faulty brakes or hidden defects, can seriously injure or kill someone. A product may have been improperly assembled, sourced from unregulated wholesalers, or tampered with by an employee. Product liability cases can be especially serious if a large number of products were released to the public.

What You Can Do and How We Can Help

You may feel powerless, stressed, and anxious after sustaining an injury, but there are steps you can take to regain control over your life and recover your losses. One of the first steps in filing a lawsuit is consulting a personal injury attorney. Laborde Earles Injury Lawyers offer free consultations, and if your case is accepted, you will not be charged a dime unless we win your compensation in court or if we reach an agreement for a negotiated settlement.

If the case goes to trial, your lawyer will prepare evidence to be submitted for the discovery process. The discovery process is a formal exchange between parties that presents witnesses and evidence. Evidence and testimony for a personal injury case can come from several sources.

Types of Evidence in Personal Injury Cases

When a personal injury case is taken to court, evidence can help prove your case beyond a reasonable doubt. Some types of evidence include:

  • Photos of the injuries
  • Medical records from healthcare providers such as hospitals, emergency personnel, or your doctor
  • Police records
  • Footage from surveillance footage or dash cams
  • Eyewitness testimony
  • Professional testimony
branded accent

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

The Statute of Limitations for Personal Injury Lawsuits in Louisiana

The statute of limitations for reporting a personal injury in Louisiana is two years from the date of the injury under Louisiana Civil Code § 3492. One of the first pieces of information you should share with your lawyer is the date of the injury and when it was reported so that it can be determined that you are within the statute of limitations to file a lawsuit.

Considering the short amount of time that you are given to file a personal injury lawsuit, it can be a great advantage to begin the filing process immediately. Keeping a record of your injury early on can produce a clear timeline of events that can provide credibility to your claim.

Types of Recoverable Damages

Recovering from an injury can take months or even years. In some cases, the effects of an injury can result in permanent physical or mental disability. The medical treatment for injuries can quickly accumulate into massive amounts of medical debt.

Going into debt can ruin your credit rating and diminish the quality of life for you and your family for years to come. However, if you are a victim of negligence, you can take steps to protect your financial future. Damages that can be recovered by a personal injury lawyer include:

  • Medical bills
  • Pain and suffering
  • Mental and emotional trauma
  • Lost wages
  • Personal property damage
  • Wrongful death

If you want to learn more about how a St. Charles Parish personal injury lawyer can help you evaluate your damages, call Laborde Earles Injury Lawyers today/

Client Testimonials Hear from locals like you.

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

J
Jenifer Leger Dendy

Lafayette

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's,...

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

L
Lauren O'Quinn

New Orleans

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica wa...

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica was professional, knowledgeable, and attentive to every detail. She took the time to explain each step of the process, answered all of my questions thoroughly, and made sure I always felt supported and informed.
Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
I highly recommend Erica Ducote to anyone in need of a skilled, reliable, and compassionate paralegal. She truly goes above and beyond!

m
maddie jo

Marksville

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

M
Michel Lanclos

New Orleans

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other thing...

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

R
R.S.

Lafayette

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

M
Melody Johnson

New Orleans

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated Toxic Water Claim. Mr. John Chaillot has been instrumental in advising me on documentation, timelines, and all matters pertaining to my case. A true professional and appreciated. Thank you.

S
Stephan C.

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

k
kelly

Lake Charles

They have good to keep me updated on the case but so far the settlement has not been reached.

L
Lisa S.

Over 1,700 5-Star Reviews

Read More Testimonials

Reach Out to Us Today

If you or a loved one has been injured due to a car accident, medical malpractice, or a defective product, you are probably in the process of researching facts about personal injury lawsuits. If you are trying to figure out the best course of action to begin recovering your losses and protecting your family from future debt and hardship, a St. Charles Parish personal injury lawyer may be able to help. If you are considering filing a personal injury lawsuit and would like to further explore your options, call Laborde Earles Injury Lawyers today.

View More Articles Trusted Voices Sharing What Matters

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article
big rig car accident

Blog $1,400,000 Settlement for Alexandria Woman in Car Accident

When it comes to being injured in a car accident, choosing the right attorney can be the difference between getting $1,400,000 in 9 months i...

Read Full Article
mardi gras beads

Blog Safety Tips to Help Stay Safe During Your Mardi Gras Celebration

Mardi Gras is a grand and celebratory holiday filled with parades, live music, picnics, and much more. From the crazy costumes to the colorf...

Read Full Article
two workers in orange suits

Blog $42,000,000 Settlement for Burn Victim in Plant Explosion

What our client thought would be a normal workday at the plant left him questioning whether or not he could fulfill his role as a father and...

Read Full Article
cars driving in the fog

Blog Were You Injured in a Super Fog Vehicle Accident in Louisiana?

Early Monday morning, October 23rd, a dense “super fog,” a rare weather condition created by the mix of smoke and fog, resulted in a tragic ...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(337) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 777-7777.