New Orleans Personal Injury Lawyer

What Is a “Personal Injury” Under Louisiana Law?

It does not matter whether someone intended to do you or your loved one harm. If their negligence caused your injuries, it likely also makes them financially responsible for some portion of your losses. This is the underlying accusation in a personal injury case.

We handle insurance claims and personal injury lawsuits for a variety of accidents, including:

• Car Accidents and Truck Accidents
• Dog Bites
• Premises Liability Accidents
• Slip and falls
• Pedestrian and Bicyclist Accidents
• Motorcycle Accidents
• Medical malpractice
• Product liability
• Defective drugs and medical devices

We handle personal injury claims and lawsuits on a contingency fee basis with no upfront payments required. This allows us to help victims who do not have the money to pay a retainer or other expenses out of their pocket.

You should not have to pay for your losses on your own. The defendant should cover your medical care, lost wages, and more. This is why we take our fees only from the settlement or payout we recover, never your pocket. If we do not recover money for you, you do not pay our attorney fees.

Will My Case Support a Personal Injury Lawsuit in New Orleans?

Every situation that leads to an injury is unique. With this in mind, there may be a myriad of circumstances that provide a good foundation for personal injury lawsuits.

The best way to determine if you may have a case is to let our team review your case for free today. If you believe that another party’s negligent actions caused your injuries, we want to speak with you. A representative from our firm is standing by to discuss:

• The incident
• What happened and who caused it
• Your legal options
• Our services

All initial consultations with our team are free, no-obligation case assessments. You have nothing to lose by contacting us today.

Proving Liability in a New Orleans Personal Injury Case

The circumstances of your case will allow the team from Laborde Earles Injury Lawyers to identify all potentially liable parties and gather evidence to confirm their negligence and liability. Only then can we pursue compensation on your behalf.

For example:

• In a car accident case, we may try to establish liability by showing that a negligent driver violated a traffic law and caused your accident.
• In a premises liability case, we may gather evidence to show that a negligent store owner’s failure to clean up a spill caused your slip and fall accident and injuries.
• In a medical malpractice case, we may recruit a medical expert to testify that the care you received fell below a reasonable medical standard and that another doctor in the same situation would have acted differently.

What If I Am Partially at Fault in My Accident?

You may be able to recover compensation even if you were partially responsible for your own injuries. Per Louisiana Civil Code (CC) §2323, accident victims may still seek a payout for damages when they contributed to their own injuries. However, the judge and jury will reduce their payout based on their percentage of fault.

For example, imagine a judge determined that a plaintiff is 10 percent responsible for an accident that caused $100,000 in damages. The recoverable award, in this case, would also go down by 10 percent. The maximum recovery would be $90,000.

If this may come into play in your New Orleans case, Laborde Earles Injury Lawyers will try to counter the accusations you contributed to your injuries and work to mitigate the impact this has on your financial recovery.

Louisiana Personal Injury Statute of Limitations

Under Louisiana law, if you hope to pursue a personal injury claim, you need to file before the statute of limitations for personal injury claims expires. Generally, this is one year from the date the accident occurred. However, the exact date the statute of limitations will expire in your case can vary widely depending on when you were diagnosed with your injuries and the date the accident occurred. 

It is critical to get your lawsuit filed before the statute of limitations expires. Failure to do so will result in the dismissal of your case should you attempt to pursue one at a later date. You can take steps to protect your injury settlement by having a Louisiana personal injury attorney step in and handle the legalities of your personal injury claim.

New Orleans Personal Injury FAQ

The personal injury claims process can be daunting. We understand how overwhelmed you may be feeling during this difficult time in your life. In the hope of helping you feel more confident in your decision to move forward with your claim, we have provided the answers to some of the most frequently asked questions surrounding personal injury claims in New Orleans below.

If you have additional questions that are not answered on this page, do not hesitate to contact our office so we can discuss your specific concerns in further detail.

Should I File a Claim for My Child?

Yes. Children who suffered injuries in accidents through the fault of another have the same right to compensation as adults do. However, as their legal guardian or parent, it is up to you to take action and advocate for their rights. With help from an attorney, you can help your child secure the restitution they will need to not only cover their medical expenses in their entirety, but any future care they may need and compensation for non-economic damages as well.

Will I Have to Bring My Case to Court?

You should always prepare for the possibility of bringing your case to court. However, it may be possible to avoid bringing your case to court if you can secure an injury settlement that meets your needs through the insurance company. 

Unfortunately, dealing with the insurance company is rarely that simple. Insurance companies are typically only required to cover certain types and amounts of economic damages. If your losses exceed the amount the insurance company is required to cover, bringing your case to court may be the best way to get the most out of your claim.

Can I Collect Punitive Damages?

It is possible that you could be awarded punitive damages as part of your personal injury claim. However, the courts will only award punitive damages when the actions of the defendant are abhorrent, egregious, or grossly negligent. 

Punitive damages are the court system’s opportunity to punish the liable party beyond the compensatory damages you are entitled to. This way, the court can send a message that similar actions will not be tolerated by the Louisiana civil court system.

Call Laborde Earles Injury Lawyers Today

A New Orleans personal injury lawyer from Laborde Earles Injury Lawyers may be able to represent you on a contingency fee basis. In this arrangement, we do not collect attorney fees unless and until you recover compensation via a settlement offer or court award.

To get started with a free consultation on your case, call Laborde Earles Injury Lawyers today.