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Louisiana Personal Injury Lawyer 

Getting injured is never a pleasant experience. People often face expensive medical bills, long-term rehabilitation, loss of time at work, or even permanent loss of bodily functions following an accident. When these injuries occur as the result of the negligence or intentional acts of another person, people have the right to sue for their damages.

Louisiana personal injury lawyers represent people who have been injured in any way that was the fault of another. Together, you and your skilled personal injury attorney can fight to obtain the fair compensation that you deserve.

Personal Injury and the Law

Most injuries that result from the acts of other people are accidents. However, this does not mean that the person who caused the harm is not responsible. The law has specifically created the cause of action known as negligence that allows people injured in accidents to sue the responsible party. Examples of these accidents may include:

  • Car accidents
  • Pedestrian accidents
  • Commercial truck accidents
  • Slips and falls
  • Accidents resulting from poor building maintenance

In all of these situations, it cannot be fairly said that the at-fault person intended to cause harm. However, an injury did occur because the at-fault person failed to protect another person. Negligence cases can only be successful in situations where the defendant had a responsibility, or duty, to protect the injured person.

Role of Duty In Personal Injury Cases

Drivers on the road, business owners, and innkeepers are all examples of people who owe a duty to protect others. When this duty is broken, and the protected person is injured, the injured person has the right to ask for compensation.

Other injuries are caused by an intentional act. Many of these instances may also be considered a criminal act. Regardless of any prosecution that the defendant may face by the State, the injured people still have the right to initiate a civil lawsuit. It is important to remember that the civil courts and criminal courts are entirely separate entities.

In situations where a crime results in a personal injury, such as assault, sexual abuse, or kidnapping, a criminal court can never order the defendant to compensate the plaintiff. Only through filing a lawsuit on their own initiative may a person recover monetary compensation from the defendant.

Filing a Claim

No matter if the injuries were the result of an accident or an intentional act, there is a limited time after the injury occurs for a person to file a claim. This is known as the statute of limitations. Louisiana Civil Code 3492 only allows plaintiffs one year from the date of the incident to file a lawsuit for injuries caused by negligence so time is critical.

Personal injury actions which arise due to damages sustained as a result of an act defined as a crime of violence, such as robbery, aggravated battery or assault, stalking, home invasion and other violent criminal acts are subject to a liberative prescription of two years.

A personal injury action against a person for an act of sexual assault as defined at LSA 46:2184 is subject to a liberative prescription of three years. Time limitations can vary depending on the wrongful act and the age of the victim,  so consulting a Louisiana personal injury lawyer may be necessary.

How a Louisiana Personal Injury Attorney Can Help

Getting injured in an accident, even a seemingly minor one can throw a person’s life into turmoil. From an initial trip to an emergency room to chiropractor visits, through physical therapy, making a recovery can take months and cost thousands of dollars. During this time, a person may be forced to miss time at work, and indeed, some people never make a full recovery.

A Louisiana personal injury lawyer can understand the toll that these injuries take on people’s lives. Your attorney can help people by handling the paperwork and dealing with the insurance companies so that they can focus on their recoveries.

Most cases settle without a need to go to court, but if a court case is necessary, your litigation team stands ready to argue your case before a jury. There is a limited time to file a claim so do not wait; contact an attorney today.