While annoying, minor personal injuries such as bruises, scrapes, and cuts usually do not result in significant medical expenses. More serious injuries, however, can be a different story. These injuries could result in hospital stays, X-rays or other diagnostic tests, and multiple medical appointments. If such an injury results from the careless actions of another person, you could be eligible to seek compensation from that person for the various associated damages.
A Marksville personal injury lawyer could assist you with your potential legal case. They could sit down with you and assess whether you might be eligible for legal compensation. If so, your attorney could represent you in court to help you obtain damages, with a goal of ensuring you are fairly compensated for your out-of-pocket expenses.
In Louisiana, any person that has been injured due to the action or inaction of another person may be eligible to file a civil lawsuit for damages. Under Louisiana Civil Code §3492, the prescription period—or statute of limitations—for such lawsuits is generally one year. In other words, injury victims usually have one year from the date of their injury to file a lawsuit.
In many situations, individuals may suffer an injury through the negligence of one or more other parties. Generally, negligence requires the injury victim to prove the following:
Generally, people have a duty of care to avoid exposing others to potentially harmful situations. If a person breaches that duty by acting in a reckless, careless, or intentionally aggressive way, resulting in physical injury to another, they may be guilty of negligence and subsequently held liable for damages.
Plaintiffs who are able to prove negligence may be able to collect various damages for their injuries, including medical expenses and lost wages for missed work. They may also be able to collect for intangible losses like pain and suffering in certain circumstances.
Unlike some other states, Louisiana generally does not cap damages due to negligence or for personal injury lawsuits more broadly. Since negligence often depends on the specific circumstances of a given case, though, potential plaintiffs may wish to contact a Marksville personal injury lawyer for a consultation as soon as possible.
In some cases, an injury victim is also negligent and therefore responsible for a portion of their damages. For example, if an individual is injured in a car accident someone else caused but they themselves were speeding, they may be partially responsible for their own injuries. In these cases, Louisiana follows a principle of “comparative negligence” or “comparative fault.”
According to La. Civil Code §2323, any negligence due to the plaintiff causes a proportional reduction in their amount of damages. For example, if a jury decided that a plaintiff is 20 percent responsible for their own injuries, then their damage award would be reduced by 20 percent.
Even if an individual is more than 50 percent responsible for their own injuries, they will usually still be able to collect some amount of damages in Louisiana. A personal injury lawyer in Marksville may be able to provide additional information on comparative negligence and whether it may apply to a given case.
If you have suffered any personal injury, you should obtain prompt and thorough medical care to give yourself the best chance at a quick recovery. Afterward, give a Marksville personal injury lawyer a call to see if you might be eligible to collect damages.
A qualified attorney could review your injury and conduct any necessary investigations to see if you could collect damages. If so, they could advise you of your legal options and even file a lawsuit on your behalf to make sure you receive the compensation you deserve. For legal help with your injury, get in touch today to schedule a consultation.