How We Evaluate Dental Malpractice Cases in Lafayette

To determine whether you have a malpractice lawsuit, a dental malpractice lawyer serving Lafayette reviews each aspect of the case to determine the nature of the harm and if the dentist or oral surgeon is negligent. A Lafayette personal injury attorney’s first step is conducting a thorough investigation to determine liability.

Proving that the dentist or oral surgeon is responsible for damages is typically the focus of the case. If you were injured in a way that causes health complications, long-term pain, or impairment, an attorney can work to hold the healthcare provider accountable.

However, it is worth noting that the presence of an injury alone cannot win a case. Rather, a dental malpractice suit also accounts for the details of the negligent actions. The dentist must have acted outside the state’s normal professional standard of care to be liable for damages.

We Can Handle Your Case from Settlement Negotiations to Trial, If Necessary

While you recover from your injuries, a lawyer with our firm will manage your case. We will take care of everything because you should not have to focus on anything besides healing. Besides investigating the malpractice you suffered, we will also do the following on your behalf:

  • Handle all communication with the insurance company, the dentist, and their representatives
  • Negotiate a fair settlement with the insurance adjuster
  • Take your case to court if the insurance adjuster does not agree to a reasonable payout
  • Construct your case with all available evidence, which can include pictures and videos of your injuries and your medical records to prove negligence
  • Identify your recoverable damages
  • Keep you updated and informed throughout your case

Our medical malpractice lawyers work hard to hold the party responsible for your injuries accountable. You deserve justice and fair compensation to move forward from this preventable event.

We believe victims should not be holding unpaid bills and lost earnings because of an injury they had no role in causing. The negligent party or parties should pay for all related expenses and losses. You could file a medical malpractice lawsuit to recover damages if they don’t.

Damages You May Be Able to Recover in a Dental Malpractice Case

A dental malpractice victim may be entitled to a plethora of damages. You may be able to recover compensation for the following economic and non-economic damages:

  • Pain and suffering
  • Mental anguish
  • Current and future medical care expenses related to the malpractice
  • Lost income due to missing work because of the malpractice
  • Diminished earning capacity if you had to take a lower-paying job due to your injuries
  • Disfigurement
  • Disability

This is not an exhaustive list of damages you may receive. A lawyer from our legal team will give you an idea of the compensation you could seek based on the documentation we gather to prove your expenses and losses.

While some types of damages are easier to value than others, we have more than 350 years of combined experience putting a price on our clients’ claims. This includes future costs, which may require expert testimony to understand ongoing medical needs.

It also includes intangible losses, which have no financial value attached to them. We know the formulas the courts and insurers use and are ready to use them to our advantage. We will accurately calculate your damages before demanding an appropriate payout in your case.

Valuable Evidence in a Dental Malpractice Case in Lafayette, LA

Proving medical malpractice is rarely easy and showing that a dentist or oral surgeon made a mistake or caused a preventable injury is not enough. Mistakes, complications, and unintended issues occur and are all accepted risks of any health care. However, doctors and other trained medical professionals have a certain standard of care they must provide.

To prove malpractice, we need to show:

  • The injuries occurred because of the choices or actions the dentist made.
  • The dentist did not provide the expected level of care.

Obtaining Expert Witnesses

The most important evidence in these cases is testimony from another doctor or dentist who can speak to the acceptable standard of care. We enlist the help of another medical professional who:

  • Has similar training and experience
  • Practices in the same geographical area
  • Has experience with similar concerns, complaints, or procedures

This doctor or dentist will review the facts of the case and the client’s medical records and testify to what they would have done in the same situation and whether they believe malpractice occurred.

Other evidence will include medical records, witness statements, and documentation of injuries and treatment needs.

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Our Attorneys Can Get to Work Based on Contingency

Not only do we provide free initial consultations, but we represent all clients based on contingency fees. We do not ask anyone to pay for our services upfront or with an hourly charge. Instead, we receive a percentage of the financial recovery in the case. We do not collect attorney’s fees if we do not get monetary damages for your case.

Our goal is to help you have access to legal representation without taking on the financial risk of a case. We believe that anyone with a strong medical malpractice case should be able to hire a lawyer when they need one.

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The Limited Time You Have to File a Dental Malpractice Lawsuit in Louisiana

Like many states, Louisiana has established a limit on the time for filing a lawsuit after an individual has suffered a loss or injury. There are various deadlines depending on the type of lawsuit, when the issue was discovered, and even the defendant’s identity. For example, the deadline for notifying a government facility about your intent to sue is much shorter than the one to sue an individual practitioner.

Louisiana has a dedicated statute of limitations to file a medical malpractice claim. According to Louisiana laws, you have one year to file a claim against the negligent dentist or oral surgeon that caused your injury.
On the other hand, if you didn’t know about the injury until later, you must file within two years of when you discovered it. A Lafayette dental malpractice attorney can help you ensure that you file your claim on time.

Can I Still Recover Compensation After the Statute of Limitations Passes?

Unfortunately, you cannot receive compensation after the statute of limitations expires. So after the deadline passes, the defendant is no longer liable for your injuries legally. The deadline for filing a claim exists to protect defendants from unfair prosecution and to keep the courts open for new cases.

The time you have to file a claim is much shorter in Louisiana than in other states. Due to the shorter time you have to file, you must get in touch with a lawyer as soon as possible.

Client Testimonials Hear from locals like you.

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is ...

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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Tori E.

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions ...

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions and concerns, and her professionalism was top notch. Her phone etiquette, and calm and caring attitude was outstanding.

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Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

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Sarah Jorden

Marksville

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.

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kelly

Lake Charles

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you fo...

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you for all your hard work to all the people working on our case.

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Sandi W.

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

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R.S.

Lafayette

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

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Sylvia Roy

New Iberia

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and ...

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and incredibly responsive. He took the time to explain every step of the process in clear terms and always made sure I felt informed and supported.

His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

If you’re looking for an attorney who is knowledgeable, reliable, and truly cares about his clients, Derek Hebert is an outstanding choice.

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Brylan Cormier

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.

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Lauren O'Quinn

New Orleans

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Pursue Compensation Today With a Lafayette Dental Malpractice Attorney’s Help

One minor error is all it takes to initiate compounding health problems. If you or a loved one suffered an injury from a negligent dental care provider, seek professional help today and start fighting for the justice you deserve.

Call Laborde Earles or fill out the contact form on our website for a free consultation. Our Lafayette office of dental malpractice lawyers is ready to help you discover the legal options for your potential case.

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