Baton Rouge, LA Personal Injury Lawyer
When a person suffers an injury caused by another person or entity’s negligence, it can affect them in a variety of ways. Between the medical expenses, inability to work, and the pain and suffering that accompanies the injury, life can prove difficult. Fortunately, Louisiana law provides a method of legal recourse for victims to obtain monetary compensation from the responsible party.
If you can prove the four critical elements of a personal injury claim for negligence, you can file a lawsuit against the at-fault party to recover damages. Personal injury lawsuits are used in a wide variety of circumstances, including slip and falls, medical malpractice and car accidents. However, plaintiffs must file within a year of the accident in order to pursue their claim in court.
Your case deserves the attention of the dedicated Baton Rouge personal injury attorneys at Rice, Murtha & Psoras. When you call our offices for the first time, you get the benefit of a personalized case assessment free of charge. Get help with your case today by calling (225) 269-8930.
Identifying Personal Injury Lawsuits in Baton Rouge, LA
Knowing when you have a legal cause of action against the person or entity responsible for causing your injuries is the critical first step with which most personal injury victims struggle. This is just one of the ways that you can benefit from the diligent counsel of our seasoned Baton Rouge personal injury attorneys. In every personal injury lawsuit, the plaintiff must be able to prove four key elements: duty, breach of duty, causation, and injury.
The first step in evaluating a personal injury claim is assessing the defendant’s responsibilities to the victim. These responsibilities, also known as duties, exist based on the relationship between the defendant and the victim. Property owners owe duties to guests, doctors to patients, and drivers to other motorists, to name a few. the standard of care required to meet a duty varies depending on these relationships. Ask your Baton Rouge personal injury lawyer what duties the negligent party in your case owed you.
Breach of Duty
Once you establish what duty the defendant owed you, you then must show how the defendant breached that duty. Depending on the case, proving breach of duty can be complicated and may require expert testimony. Our Baton Rouge personal injury attorneys can locate experts to help you prove that the defendant failed in upholding their legal responsibilities to you.
Showing that the other party breached their duty is not enough on its own to win your case. You must also demonstrate that the breach in question was the cause of the accident that injured you. You can still prove causation if you also played a role in causing the accident. Even if you were mostly responsible, you can still get compensation for the proportion of the accident the defendant caused.
The final step in a successful personal injury lawsuit is proving you were injured. You must demonstrate not just that the accident injured you, but that your injuries resulted in harms which deserve compensation. Our Baton Rouge personal injury lawyers can explain how compensation works in a personal injury claim so that you know exactly what you deserve.
Common Causes of Personal Injuries in Baton Rouge, LA
In the real world, danger exists. Not all of it can be avoided. However, when someone owes a legal duty to take steps to prevent harm from befalling another, but fails to do so, they incur liability for the consequences. Below are some of the various areas that our Baton Rouge personal injury attorneys encounter frequently in our advocacy for our clients.
Common premises liability claims such as slip and falls account for a large segment of personal injury lawsuits. Whenever you enter onto someone else’s property with their permission, you should be aware that they owe you some level of duty to prevent foreseeable harm from hazards on the property.
Every driver on the road in Baton Rouge has a duty to drive responsibly and according to the applicable traffic laws and regulations. Unfortunately, not every driver meets this responsibility. If you are involved in an accident, you should speak to a Baton Rouge personal injury lawyer about whether another party was to blame.
Though we often avoid thinking about it, medical care providers are human and prone to mistakes and errors and judgement just like anyone else. Medical malpractice lawsuits could result from any number of dangerous scenarios, including surgical errors, prescribing mistakes, and improper diagnoses.
Construction sites have a litany of dangers that may affect both site workers and civilian passersby. To prevent these dangers from causing harm, construction site managers and third-party contractors are responsible for reasonably prudent maintenance and inspection of the area and equipment used, as well as implementing training procedures for employees. Failure in any of these regards could create liability.
Companies that sell products with defects that they knew about or should have discovered are liable for the harm that the defects cause. This liability extends not only to their customers’ injuries, but also to others who foreseeably would have been exposed to the danger. Depending on the situation, defective products may be hard to identify without the help of a Baton Rouge personal injury attorney.
Statute of Limitations for Personal Injury Lawsuits in Baton Rouge, LA
The State of Louisiana has one of the most stringent time limits on potential personal injury plaintiffs. Under the state’s statute of limitations, a plaintiff with a valid personal injury claim must generally file their initial complaint within one year of the date they sustained the injury. While there are limited exceptions that may apply to your case, missing the deadline is a complete bar against recovery, so it is critical that you act quickly if you believe you have a case.
Get Help with Your Personal Injury from a Baton Rouge Personal Injury Lawyer Today
If you have suffered an injury because of someone else’s negligence, call Rice, Murtha & Psoras today at (225) 269-8930 for a free initial case assessment.