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Negligence in Personal Injury Cases

Under federal law, anyone who is injured or passes away due to the actions of another has the right to pursue legal action against the defendant. The defendant can be an individual, a business, or even a municipal organization, such as your local government. The failure to prevent an injury to someone due to lack of care is known as negligence.

Negligence can come in many different forms depending on the circumstances. For example, someone can be found negligent if they caused a car accident because of texting while driving. A business may be found negligent if they sold a product that caused an injury to a customer. A lawyer can examine your experience and determine if you can file a lawsuit.

Common Types of Personal Injury Cases

Premises Liability

Examples of premises liability include a slip and fall, being struck by an improperly mounted sign or shelf, or a similar type of hazard that the owner failed to prevent. The premises can be a private residence or a commercial property, such as a retail store. The owner or manager of the property is liable for neglecting their duties to keep their property safe for visitors or anyone who is legally conducting business on the property.

Medical Malpractice

A healthcare provider can be held liable for causing injuries to their patients. Common types of medical malpractice claims include misdiagnosis, medication errors, birth injuries, and surgical errors. Patients should be able to trust their healthcare providers, whether they are a nurse practitioner or a licensed physician. Even in a field that is heavily regulated, healthcare providers can still harm their patients out of negligence.

Car Accidents

Car accidents can have devastating consequences. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, 36,096 people died due to car crashes in the United States alone. This number does not include the amount of non-fatal injuries that resulted in permanent disability.

Product Liability

If a business sells a product that harms someone, that business can be found liable and negligent. Products that have a defective design, such as a vehicle that has faulty brakes or hidden defects, can seriously injure or kill someone. A product may have been improperly assembled, sourced from unregulated wholesalers, or tampered with by an employee. Product liability cases can be especially serious if a large number of products were released to the public.

What You Can Do and How We Can Help

You may feel powerless, stressed, and anxious after sustaining an injury, but there are steps you can take to regain control over your life and recover your losses. One of the first steps in filing a lawsuit is consulting a personal injury attorney. Laborde Earles Injury Lawyers offer free consultations, and if your case is accepted, you will not be charged a dime unless we win your compensation in court or if we reach an agreement for a negotiated settlement.

If the case goes to trial, your lawyer will prepare evidence to be submitted for the discovery process. The discovery process is a formal exchange between parties that presents witnesses and evidence. Evidence and testimony for a personal injury case can come from several sources.

Types of Evidence in Personal Injury Cases

When a personal injury case is taken to court, evidence can help prove your case beyond a reasonable doubt. Some types of evidence include:

  • Photos of the injuries
  • Medical records from healthcare providers such as hospitals, emergency personnel, or your doctor
  • Police records
  • Footage from surveillance footage or dash cams
  • Eyewitness testimony
  • Professional testimony
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The Statute of Limitations for Personal Injury Lawsuits in Louisiana

The statute of limitations for reporting a personal injury in Louisiana is two years from the date of the injury under Louisiana Civil Code § 3492. One of the first pieces of information you should share with your lawyer is the date of the injury and when it was reported so that it can be determined that you are within the statute of limitations to file a lawsuit.

Considering the short amount of time that you are given to file a personal injury lawsuit, it can be a great advantage to begin the filing process immediately. Keeping a record of your injury early on can produce a clear timeline of events that can provide credibility to your claim.

Types of Recoverable Damages

Recovering from an injury can take months or even years. In some cases, the effects of an injury can result in permanent physical or mental disability. The medical treatment for injuries can quickly accumulate into massive amounts of medical debt.

Going into debt can ruin your credit rating and diminish the quality of life for you and your family for years to come. However, if you are a victim of negligence, you can take steps to protect your financial future. Damages that can be recovered by a personal injury lawyer include:

  • Medical bills
  • Pain and suffering
  • Mental and emotional trauma
  • Lost wages
  • Personal property damage
  • Wrongful death

If you want to learn more about how a St. Charles Parish personal injury lawyer can help you evaluate your damages, call Laborde Earles Injury Lawyers today/

Client Testimonials Hear from locals like you.

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

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

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Rosann Roberts

Lake Charles

Michelle Brouillette is a wonderful addition to the Laborde Earles team.

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Melanie B.

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

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Debbie Fontenot

Marksville

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

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skylar bachman

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

Michelle Brouillette is always so pleasant whenever I call or stop by the office. She always has a smile on her face.

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Christine G.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Megan C.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan Couvillon

Alexandria

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Reach Out to Us Today

If you or a loved one has been injured due to a car accident, medical malpractice, or a defective product, you are probably in the process of researching facts about personal injury lawsuits. If you are trying to figure out the best course of action to begin recovering your losses and protecting your family from future debt and hardship, a St. Charles Parish personal injury lawyer may be able to help. If you are considering filing a personal injury lawsuit and would like to further explore your options, call Laborde Earles Injury Lawyers today.

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