Louisiana Personal Injury Lawyer
There are many ways a person can be harmed or wronged. In some cases, the harm is an accident. In others, the harm is intentional and might be motivated by malice. When you suffer personal harm at the hands of someone else, you can hold them responsible in a personal injury lawsuit. Such a lawsuit would allow you to present evidence of the harm and potentially collect damages to cover your costs.
People tend to sneer at personal injury lawsuits because they believe they are nothing but shameless attempts to extort money through the legal system. This misconception could not be farther from the truth. When people get hurt, they might encounter considerable out-of-pocket expenses like medical bills, property damage, and lost wages. the person responsible for the harm should have to pay for the expenses they caused.
If you suffered a financial loss, physical injury, or some other harm because of the actions of another, call our Louisiana personal injury attorneys for help. Our team at Rice, Murtha & Psoras can conduct a free case review. Call our offices at (225) 269-8930 as soon as possible.
Reasons to File a Personal Injury Lawsuit in Louisiana
It might be difficult for the average person to determine if they have a valid personal injury claim on their hands. Personal injury cases may spring from a great many circumstances, but a few are more common than others. Perhaps the most common types of personal injury cases are those of negligence.
Negligence cases tend to involve accidents. From car accidents to accidents at work to accidents in the home, negligence often plays a role. Even though you were harmed by someone who did not intend to hurt you, they can still be held liable for their actions. A negligence case requires you to prove that the defendant owed you a legal duty of care, breached their duty of care, and caused your injuries and actual damages.
If any of these factors cannot be proven, your case will be unsuccessful.
Other personal injuries are caused on purpose, and the defendant might have had sinister intentions. An intentional tort claim is a civil case for harm where the defendant meant to cause your injuries. Intentional torts often overlap with criminal law as defendants are frequently charged with crimes related to their actions.
The elements you must prove for an intentional tort will vary depending on what kind of tort was perpetrated. Our Louisiana personal injury attorneys can review your case and determine if you have an intentional tort.
Damages Available in Personal Injury Cases in Louisiana
The point of any personal injury case is to collect damages. the term “damages” is a legal phrase that refers to the monetary expenses incurred by the plaintiff because of their injuries. it can also refer to the value of injuries or losses that did not come at a financial cost, such as pain and suffering.
Compensatory damages are awarded to put a plaintiff in the same financial position they were in prior to their injuries. Essentially, if your injuries cost you $10,000 out of your own pockets, you may claim that $10,000 in damages.
However, you must specify what your damages are for, such as medical bills, the cost to replace damaged property, or lost income from missing work while you recover. You do not have to be physically injured to incur damages. Damages also cover a variety of non-physical and non-medical losses.
Your case might be eligible for punitive damages. Punitive damages, also known as exemplary damages, are designed to punish defendants rather than compensate plaintiffs, although punitive damages ultimately go towards a plaintiff’s compensation.
In Louisiana, punitive damages are generally prohibited unless a specific statute authorizes otherwise. For example, most car accident cases are not eligible for punitive damages.
However, punitive damages are on the table if the defendant was intoxicated at the time of the accident. This statute specifically allows punitive damages in this unique situation. However, punitive damages are not guaranteed even if you are eligible to claim them. Speak with our Louisiana perianal injury lawyer for more information.
Is it Worth it to File a Personal Injury Lawsuit in Louisiana?
Plaintiffs often weigh the pros and cons of filing a personal injury lawsuit and want to know if the end rewards will be worth their efforts. On the one hand, you must go through a lengthy, expensive, and emotionally draining trial. On the other hand, you could be compensated for your injuries and losses, allowing you to put your life back together.
You should consider filing a personal injury lawsuit if you find yourself unable to absorb the costs of your injuries. For example, if you are in a car accident but you are financially able to afford the costs of recovery without any change to your lifestyle, a lawsuit might not feel necessary.
However, if your medical treatments are so expensive that you deplete your savings, you should argue for compensation. Remember, your degree of financial need does not determine whether you are allowed to sue. Anyone can sue if they experience losses and damages, no matter their financial situation.
Filing a lawsuit is also a good way to get in front of potential litigation initiated against you. Drivers in car accidents often blame each other, with each driver suing the other.
If you sue the other driver first, they may file a counterclaim or countersuit. An example of a countersuit would be if you sued another driver after a car accident, and that other driver sued you for the same accident.
You would have to prove that the other driver caused the accident while also defending yourself against the same allegations. Often, responsibility for the accident is shared, and damages are awarded according to your share of the blame.
However, if you do not file your lawsuit or at least file a counterclaim, you might not be able to recover any compensation for your damages.
Even if you do not “need” financial compensation for your injuries, wanting the vindication of holding the defendant liable is a good reason to file a lawsuit.
People should not be allowed to harm others, intentionally or not, and get away with it. Our Louisiana personal injury attorneys can help you seek justice.
Contact Our Louisiana Personal Injury Lawyers
Your injuries should not be ignored. the person or people who hurt you should be held responsible and made to pay. Our Louisiana personal injury lawyers can help make this possibility a reality. Call Rice, Murtha & Psoras at (225) 269-8930 as soon as possible for a free case review.