In this article, you can discover…
- How liability impacts your personal injury claim.
- The types of damages you can claim in Louisiana.
- The differences between a settlement and a trial in a personal injury case.
What Are Personal Injury Claims?
A personal injury claim is a legal action that seeks compensation for an injury that you’ve suffered which was caused by another person’s negligence or intentional misconduct. This injury could be physical (such as a broken bone), psychological (post-traumatic stress), or both.
As the victim of this injury, your claim seeks reimbursement for medical expenses, lost wages, and other damages from the liable party, usually through their insurance provider.
What Is “Liability” And What Does It Mean In The Context Of Personal Injury Law?
Liability is the legal responsibility for the result of one’s actions or inactions. Establishing liability is crucial in personal injury cases, as this allows your attorney to determine who is legally responsible for the accident.
For example, if another driver is driving far in excess of the speed limit in rainy weather and their actions cause a car accident, this person can be found liable for any injuries or damages caused by that accident.
How Is “Negligence” Defined In Louisiana, And Why Is It Important?
In Louisiana, negligence is defined as failing to exercise reasonable care in such a way that an accident or injury results. “Reasonable care” is the amount of care, caution, or attentiveness that the average, reasonable person would exercise in the same situation.
In Louisiana personal injury cases, “comparative negligence” is used to determine your degree of responsibility for the accident and the damages you can claim. For example, if you are found to be 25% at fault for a car accident, your ability to recover damages will be reduced by 25%.
What Are “Damages,” And What Types Can I Claim In Louisiana?
Damages refer to bills or expenses that result from the accident you’ve been in. This includes “special damages,” such as lost wages or medical bills, and “general damages,” which include financial compensation for pain and suffering.
All of these damages fall under the category of “compensatory damages,” and there is no cap or limit on the amount of compensatory damages you can recover from your injuries. In very rare cases, “punitive damages” may be awarded as well.
Attorney Adam Whitley-Sebti is an accomplished personal injury lawyer serving Louisiana. For over 10 years, he’s helped clients just like you better understand legal terms, protect their rights, and get the quality, effective representation they deserve.
Have questions, or in need of legal help?
Reach out to Whitley-Sebti Law at (504) 370-2777 for an initial consultation today!
What Is The Difference Between A “Trial” And A “Settlement”?
Settlements are legal agreements between parties to resolve differences through negotiations without having to go to trial. These negotiations involve deciding on a dollar amount for the damages you seek and may involve additional terms, such as an apology from the liable party.
In exchange for your receiving the agreed dollar amount and terms, the other party is released from any further liability.
Settlements can be a simpler, less expensive, and more definite way to settle cases. Trials involve presenting your case before a judge or a judge and jury and tend to be more costly, less predictable, and can be quite drawn out.
What Does “Burden Of Proof” Mean For My Personal Injury Case?
In Louisiana, “burden of proof” requires you to prove that the other party is more likely than not to have caused the injuries and damages you have suffered.
This can be supported by a variety of evidence, including testimony from witnesses, dashcam footage, expert testimony from an accident reconstructionist, medical records, police reports, and other documents.
What Are “Statutes Of Limitations,” And How Do They Affect My Claim?
The statute of limitations refers to the amount of time that you have to file a lawsuit. If this time limit is exceeded, you have lost your right to bring a case.
For most personal injury claims, Louisiana allows you one year from the date of your injury to file a lawsuit against the other party for damages.
How We Approach Your Case
When you come to our firm for help, we’ll work directly with insurance companies to streamline the process, advocate for you, and shield you from the tactics carriers often use to deny claims. We’ll also work quickly to get you the medical treatment you need and gather all evidence related to your case.
Having the proper legal representation also makes negotiations with insurance companies possible, and allows you to transition into the courtroom, if need be, with a strong advocate.
At Whitley-Sebti Law, we also pride ourselves on excellent communication; we’ll let you know the status of your case, where we are in the process, and what you can do to proactively improve your chances of recovery.
All of this allows our clients to focus on their recovery while we handle negotiations, insurance, and the more complicated legal side of their lawsuits.
Still Have Questions? Ready To Get Started? For more information on Navigating Legal Jargon, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 370-2777 today.
Attorney Adam Whitley-Sebti is an accomplished personal injury lawyer serving Louisiana. For over 10 years, he’s helped clients just like you better understand legal terms, protect their rights, and get the quality, effective representation they deserve.
Have questions, or in need of legal help?
Reach out to Whitley-Sebti Law at (504) 370-2777 for an initial consultation today!
