You may want to consider your legal options if you are injured in a slip and fall accident that 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 skilled Lafayette slip and fall lawyer can help you grasp the nuances of these laws so you can build a solid claim.
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 an injury filed by anyone involved in a slip and fall on a dangerous property. 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.
If the victim was partially negligent and contributed to the accident in any way, the comparative negligence rule of Louisiana will decide the amount of compensation they are eligible to receive. Louisiana Civil Code Article 2323 outlines this rule.
The fundamental portion of this statute states that if an individual sustains injury, loss, or death owing partly to their own negligence and partly due to the fault of another individual or individuals, the total of damages recoverable will be reduced proportionately to the percentage or degree of negligence attributable to the individual who sustained the loss, death, or injury.
When there is a trial in any slip and fall case in Louisiana, according to Article 2323, 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.
Here are a few typical arguments a property owner may use to claim the victim was partially at-fault:
Slip and fall claims can be especially difficult to navigate due to comparative negligence and the relatively short time frame. However, if you were injured in a slip and fall due to a property owner’s negligence, you may have a viable claim for compensation.
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 a slip and fall to learn how you can build the strongest possible claim.