Lafayette Personal Injury Lawyer

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How to Know When to File a Personal Injury Claim

Despite having suffered injuries, you may still be unsure whether you should take legal action. You may not even be aware that someone else is responsible for causing your injuries. However, when you are lying in your Lafayette hospital bed, wondering what your next step should be, ask yourself whether someone else may be responsible for causing your injuries. Should you then be expected to cover the costs? The liable party should cover your damages in their entirety. 

If your life has been significantly affected by the accident you were involved in or the injuries you sustained, you should not be stuck figuring out how to cope on your own. With help from a personal injury attorney in Lafayette, you could bring the liable party to justice and recover the compensation you will need to rebuild your life.

Personal Injury Cases We Handle in Lafayette

If you need a personal injury lawyer in Lafayette, you’ll want to make sure you hire an attorney who has successfully settled claims for your specific type of accident and injury. The team at Laborde Earles has more than 100 collective years of experience in the following practice areas:

•      Bicycle accidents
•      Car accidents
•      Motorcycle accidents
•      Pedestrian accidents
•      Truck accidents
•      Dog bites
•      Defective devices
•      Product liability
•      Premises liability
•      Wrongful death
•      Dangerous drugs
•      Maritime injury
•      Mass torts

How Long Personal Injury Claims Take in Louisiana

Here in the Bayou State, when a car accident causes soft tissue injuries like whiplash, the lawsuit will often be settled within one year. However, this can vary significantly. For example, in a case involving a serious injury that involves extensive rehabilitation, the true extent of the damages may not be known until years later. When this happens, the case is drawn out.

The Time Limit for Filing a Personal Injury Claim in Louisiana

The state of Louisiana has a time limit on filing a personal injury claim. L.C.C. §3492 states that the prescriptive period for filing a personal injury claim is limited to one year under most circumstances. This means that injured persons are required to file their claim within one year of sustaining an injury or damage if they wish to seek compensation.

We Get Results for Our Louisiana Clients

The following video will give you an idea of how we have helped families move on with their lives after serious injuries. When you choose us to represent your Louisiana personal injury lawsuit, you can be confident that you are in capable hands.

Settlements and Verdicts

The following results we have gotten for our clients are not a guarantee that a Lafayette car accident lawyer can get you a similar settlement. Rather, these examples show how much a case can be worth when you understand its full value.

• $23 million for the wrongful death of a mother
• $7 million for an 18-wheeler accident
• $5.5 million for an injured maritime worker
• $2 million for a car accident resulting in spinal cord injuries

When you work with us, a personal injury lawyer in Lafayette, LA, will take a look at your evidence and give you an estimated settlement in your case.

The Basics of Comparative Negligence

In some cases, an injury victim is partially negligent for their own injuries and therefore responsible for a portion of their damages. For example, if a speeding driver is struck by another driver who ran a red light, both drivers may be partly responsible for their own injuries. In these cases, Louisiana follows a principle of “comparative negligence” or “comparative fault.”

According to Louisiana Civil Code §2323, any negligence on the plaintiff’s part results in a proportional reduction in their final damage award. For example, if a jury decides that a plaintiff is 20% responsible for their own injuries, their damage award would be reduced by 20%.

The problem with this civil code is its application can be inconsistent. A personal injury lawyer in Lafayette could provide additional information on comparative negligence and whether it may apply to your case. We will make sure you are treated fairly under the law.

Potential Damages in Lafayette Personal Injury Cases

Plaintiffs who are able to prove that another party’s negligence caused their injury may be able to collect for various damages, including medical expenses and lost wages for missed work. Unlike some other states, Louisiana generally does not cap compensation for damages for personal injury lawsuits.

Since negligence often depends on the specific circumstances of a given case, potential plaintiffs may wish to contact a Lafayette personal injury attorney for more information about the kinds of compensation they may be eligible to receive. 

Recoverable Damages in Louisiana

The consequences of an accident may vary case by case. Present and future medical bills resulting from an injury are often extensive and may pose a severe financial hardship on the injured party. These typically form the foundation of a settlement demand or civil court case.

While paying the medical costs, the injured party may experience a loss of potential income. If an injury is substantial enough to prevent the injured party from working, this may induce a heavy financial burden.

Beyond the financial difficulties of an injury, there may also be psychological and emotional difficulties. This could include:

• Loss of enjoyment of life
• Loss of consortium
• Mental anguish
• Pain and suffering
• Loss of companionship

A Lafayette, Louisiana personal injury lawyer can investigate your case, catalog your damages, and pursue compensation for all the losses you have suffered.

What to Expect From the Personal Injury Claims Process

The personal injury claims process in Lafayette can be intimidating. However, once you understand what to expect from it, you can feel more confident in your decision to seek justice. Here is a basic idea of what you can expect after hiring a personal injury attorney to take on your case:

• We begin investigating the accident.
• We gather the evidence needed to prove liability.
• We calculate the value of your damages.
• We prepare to file your claim with the insurance company.
• We handle the insurance negotiations process.
• We prepare your case for trial.
• We advocate for your right to maximum compensation in court.

Keep in mind that the personal injury claims process can vary considerably on a case-by-case basis. For example, some injury victims may be able to settle their case outside of court with the insurance company, while others may need to bring their case to court to recover total compensation. You can get a better idea of what the claims process might look like for your case when you contact your attorney for help.

How Insurance Companies Settle Personal Injury Claims

If there’s one thing David Laborde, Digger Earles, and the rest of our legal professionals understand all too well, it’s the fact that insurance claims adjusters have a million tricks up their sleeves when it comes to trying to trick the injured into accepting liability.

Insurance companies settle claims by preying upon desperate injury victims during their most vulnerable moments. They know you need money to cover your bills, so they’ll offer you less than you need to make a full recovery just to get your case out of the way. We won’t let them get away with it.

For Professional Assistance, Call a Lafayette Personal Injury Attorney Today

If you have suffered any personal injury, you should be sure to obtain prompt and thorough medical care to give yourself the best chance at a quick recovery. Afterward, give a Lafayette personal injury lawyer a call to see if you might be eligible to collect compensation for your damages.

A skilled attorney could review your injury claim and conduct any necessary investigations. In the process, they will advise you of your legal options and act as your advocate throughout every stage of your case. Call Laborde Earles today to schedule a consultation and see what can be done in your case.