Personal Injury Attorney in Baton Rouge, LA
Recovering from any sort of personal injury can be a challenging process in Baton Rouge, LA. You will have to face the challenges of physical recovery, take time away from work, and deal with the financial hardships that come from lost wages. If your injury was the result of another person’s action or negligence, you may be entitled to compensation to help you get back on your feet. An experienced Baton Rouge personal injury lawyer can make the process easier to face.
After being injured in two motor vehicle accidents, I have first-hand experience with insurance companies attempting to take advantage of injured parties. I am here to represent you with my personal and professional knowledge. I spent years defending an insurance company, and I now use those skills to help my clients get the greatest settlement possible. Our team understands that each case is unique. We are dedicated to treating them carefully. If you or a loved one have been injured as the result of another person’s neglect or actions, trust Magnolia Law for all your personal injury needs.
The Basics of Personal Injury Law
Personal injury is a legal practice area. It involves cases where an individual has been harmed due to the actions or negligence of another person. These claims cover a wide range of accidents and injuries, including car accidents, wrongful death, slip and fall injuries, and more. Many states have strict regulations in place for how personal injury claims are handled. It is important to work with an experienced Baton Rouge personal injury lawyer. They can ensure that your claim is handled well and that you receive the compensation you are entitled to.
Important Aspects of Louisiana Personal Injury Law
Personal injury laws and regulations are determined at the state level in most cases. Each state will likely have different stipulations for how a claim should be processed. They will also have different laws concerning what an injured party can receive in damages. It is important to know the laws in your state so you can receive the settlement you deserve.
A few major aspects of personal injury law in Louisiana are:
- Damage Cap: If you have been injured due to the actions or neglect of someone else, you may be entitled to compensation. This is referred to as damages. These are intended to cover the costs of any losses you incur because of your injury. Damages may include lost wages, pain and suffering, medical expenses, and any other tangible financial, physical, or emotional losses. Some states place a cap on the amount of damages an injured individual can receive. Louisianna currently caps medical malpractice damages at $500,000, but that cap does not apply to claims that do not involve medical malpractice.
- Statute of Limitations: For any legal case that may involve a claim, many states limit the amount of time that an individual has to file it. This time restraint is referred to as the statute of limitations. In personal injury cases, Louisiana allows injured parties to file a claim within one year of the date of the accident. It is not necessary for the case to be concluded during that time frame. However, if a claim is not filed within a year, it is likely to be dismissed.
- Comparative Fault: Each state has a system in place to determine who was at fault for a particular accident and how compensation will be paid. The state of Louisiana uses the shared fault rules of comparative fault. This system decides if any fault in the accident is shared by the injured party. If they are found to share any fault, then the settlement they receive will be reduced according to their level of fault.
There are many different aspects of a personal injury claim to be aware of. Navigating the process of filing and completing a personal injury claim on your own can feel overwhelming. An accomplished Baton Rouge personal injury attorney can walk with you through the entire process to ensure it is handled properly.
Common Personal Injury Claims
Accidents or incidents that cause injury can happen at any moment in nearly any circumstance. Even for those who are as cautious as possible, getting injured at home, while out in public, or at work is always a possibility. Many of these injuries are the result of accidents, but in other situations, another party is clearly at fault. If the negligent actions of another person led to your injuries, you may be entitled to compensation. There are many different cases that could be considered personal injuries.
We handle cases including:
- Motor Vehicle Accidents: These are some of the most common personal injury cases. They can be caused by a wide array of factors. Reckless driving, distracted driving, driving under the influence, and disregard for traffic signals are some of the most common causes of motor vehicle accidents. These cases are often very serious and can cause significant injuries. If you have been injured in a car accident that was not your fault, you may be able to file a personal injury claim.
- 18-Wheeler Accidents: Much like car accidents, 18-wheeler accidents can be very serious and cause major injuries. An accident involving an 18-wheeler can be caused by severe weather, distracted driving, high speeds, and many other factors. If you have been injured in an accident involving an 18-wheeler, an experienced personal injury attorney can help you navigate your personal injury claim.
- Slip & Fall: A slip-and-fall accident is most commonly caused by another person’s negligence. If something was spilled in a store and not properly cleaned, an individual on a ladder at work was knocked off, or a broken step was not properly repaired, then the claim would be considered personal injury.
- Dog Bite: These cases are taken very seriously in Louisiana. Many states have laws in place that offer protection for pet owners if their dog bites or attacks someone but has no history of violent behavior. Louisiana, however, has strict liability laws. This means that a pet owner is fully liable for the actions of their dog, regardless of their past behavior. If you have been bitten by a dog, you may have a personal injury claim.
- Bicycle Accidents: Bicycles are a great way to travel efficiently, but they can easily be involved in accidents. These accidents can cause serious injuries, which could lead to extensive medical bills and time away from work. If you have been injured in a bicycle accident caused by another person, you can file a personal injury claim.
- Pedestrian Car Accidents: In most states, pedestrians have the right of way when crossing the street in crosswalks and other designated areas. Despite this, it is still possible for a pedestrian to be involved in an accident with a vehicle. If you were a pedestrian involved in an accident with a car, you may be entitled to compensation to cover the cost of any losses caused by the accident. An experienced Baton Rouge personal injury attorney can help you receive the settlement you deserve.
- Maritime Accidents: Spending time on or near the water is often enjoyable, but maritime accidents are possible. These accidents can be dangerous and cause serious injuries. Improper use of a boat or any of its components may also lead to injuries. If you have been injured as the result of another person mishandling a maritime vehicle, you may be entitled to compensation to help you recover.
- Wrongful Death: Wrongful death cases are often more emotional than other personal injury claims. In these cases, one person’s death was caused by another person’s negligence. This may be the result of a car accident, medical malpractice, a workplace incident, or other circumstances. If a loved one has died because of the negligence or failure of another person, you may be entitled to compensation through a personal injury claim.
There is no single way to classify personal injury cases. Many different circumstances, accidents, or instances of negligence could lead to an injury. If you or a loved one have been seriously injured, and you believe that someone else is at fault, you may have a personal injury claim. Trust an experienced Baton Rouge personal injury attorney to guide you through the process.
How a Baton Rouge Personal Injury Lawyer Can Help
Navigating the legal system on your own can be confusing and potentially overwhelming. If you are not familiar with the requirements for filing and completing a claim, it can be difficult to:
- Ensure that all documentation is correct.
- Make any necessary court appearances.
- Get the settlement that you deserve.
An accomplished Baton Rouge personal injury attorney can provide resources, insight, and guidance to help you successfully complete your claim. Three things that an experienced personal injury attorney can offer are:
- Education: Attorneys who focus on personal injury law have dedicated years of their lives to knowing, understanding, and practicing it. They work hard each year to ensure that they have the most up-to-date information regarding Louisiana personal injury law. This allows them to better serve their clients. Their education allows them to understand the complexities of each case and take the necessary steps to complete it successfully.
- Experience: An accomplished personal injury attorney has worked with a variety of clients and cases over the years. They have seen successful approaches to different personal injury claims and approaches that do not work. Their range of experience helps them analyze the specifics of each case. They can then build an optimal strategy, regardless of the complexities of your claim.
- Guidance: Dealing with a legal battle while recovering from an injury can be difficult. An experienced personal injury attorney can provide you with peace of mind and guide you through the process. They can offer resources, insights, information, and support to help you understand each step of the process.
Baton Rouge Personal Injury Lawyer FAQs
Q: What Is the Statute of Limitations for Personal Injury Accident Claims in Louisiana?
A: The statute of limitations in each state is the amount of time an individual has to file a personal injury claim. It is different for each state, so it is important to know the statute of limitations within which you will need to file a claim. In Louisiana, the statute of limitations on a personal injury claim is one year from the date of the accident. This is a smaller window of time than in many states. Therefore, it is critical to move quickly if you need to file a claim.
Q: What Percentage Do Most Personal Injury Lawyers Take?
A: The percentage that a Baton Rouge personal injury lawyer is paid following a case will depend on the types of fees they charge. For many personal injury cases, an attorney will take what is called a contingency fee. This means that the lawyer is only paid if the case is won. The fee may be different for each case. On average, you can expect to pay your personal injury attorney a fee between 25% and 40% of our overall settlement.
Q: What Is the Average Personal Injury Case Settlement in Louisiana?
A: Determining an average settlement amount for Louisiana personal injury claims is nearly impossible. Each case has specific circumstances and complications that will impact the settlement. The severity of your injury, any lost wages, the cost of medical bills, and the impact of pain and suffering may all be considered when determining a settlement amount. To ensure that you can receive the compensation you deserve, you should work with an accomplished personal injury lawyer.
Q: How Long Do You Have to Sue Someone for Personal Injury in Louisiana?
A: In the state of Louisiana, you are given one year from the date of an accident to file your personal injury claim. If you file a claim outside this timeframe, it is likely to be dismissed. This is a relatively short window of time compared with other states. If you have a personal injury claim to file, it is important to get the process moving as quickly as possible. An experienced Baton Rouge personal injury lawyer can walk you through the process.
Contact Magnolia Law Personal Injury Lawyers
Recovering from a personal injury can be a difficult, costly, and frustrating process. An automobile accident can leave you with medical bills, the inability to work, a damaged vehicle, and much more. A slip and fall at work can lead to lost wages, financial difficulties, and a difficult physical recovery. If your injury is serious enough, you may need to pursue legal action. In those circumstances, it is essential that you have proper legal support. If you are dealing with the aftermath of a personal injury that was no fault of your own, you deserve adequate compensation to get back on your feet. Contact the team at Magnolia Law for assistance with all your personal injury needs.