Louisiana Personal Injury Attorney

Recovering Compensation After a Personal Injury in Louisiana

Severe injuries aren’t only physically painful. They also can lead to expensive medical bills and affect your ability to work and maintain your daily life. Recovering fair compensation for your injuries should account for their physical, emotional, and financial effects. Your injury claim should cover the current extent of your losses and those you can expect to face in the future due to your injuries.

Your Louisiana personal injury lawyer will carefully examine your losses and may even consult with medical and financial experts so that they can advocate for the maximum compensation that you are eligible for.

Damages may be awarded for both economic and non-economic losses.

Economic Losses in Louisiana Tort Cases

Personal injury damages should recover compensation for economic losses like:

• Both current and future medical expenses, such as surgeries and physical therapy
• Lost wages
• Loss of job benefits, such as PTO or bonuses
• Diminished earning capacity
• Needed modifications to your home to address a new disability
• Mobility aids, such as a wheelchair
• Long-term care

Non-Economic Losses in Louisiana Personal Injury Cases

Your personal injury claim can also seek damages to account for non-financial losses like:

• Pain and suffering, such as the physical pain and emotional distress caused by your injuries
• Loss of quality of life
• Loss of enjoyment in life

Wrongful Death Damages

If a loved one tragically lost their life due to an accident, a wrongful death claim against the at-fault party can help you recover the financial compensation your family needs. You may be able to recover compensation for:

• Medical bills for care received after their injury
• The loss of their financial support
• The loss of their companionship and protection
• Their pain and suffering due to their injuries
• Funeral expenses
• Burial expenses

How Can a Louisiana Personal Injury Lawyer Help Your Case?

Taking on a personal injury claim can seem daunting. You may be nervous about dealing with aggressive insurance companies or ensuring that complex paperwork is correct. A Louisiana personal injury attorney can handle the complicated process of recovering your compensation.

A personal injury lawyer from our co-counsel law firms can help by:

• Ensuring the accuracy and completeness of all paperwork
• Meeting any legal deadlines for your case
• Communicating with insurers and all parties involved
• Investigating your accident for negligence and fault
• Gathering evidence to support your claim
• Negotiating for a fair settlement
• Advising you on settlement offers you receive
• Filing any necessary appeals
• Representing you in court, if necessary

At The Goldwater Law Firm, we have spent over 20 years helping the injured. We understand that this may be one of the most difficult times in your life, and we and our co-counsel law firms are committed to providing the empathy and dedication you deserve. Our law firm partners will manage the complexities of your case, allowing you to focus on your recovery and your loved ones.

Contact The Goldwater Law Firm today for a free review of your case.

How Does a Louisiana Personal Injury Lawyer Prove Who Was At Fault?

Determining what was at fault after an accident can be challenging. Depending on the circumstances of your accident, there may even be multiple liable parties.

Some accidents which may lead to personal injuries in Louisiana include:

• Car Accidents: A Louisiana car accident attorney can help you file claims and lawsuits and build your case to establish the other driver’s negligence.
• Truck Accidents: A Louisiana truck accident lawyer can determine whether the truck driver, the trucking company, or other parties are at fault and liable for your crash.
• Motorcycle Accidents: A Louisiana motorcycle accident lawyer will investigate to determine what negligent actions led to the crash.

How Is Negligence Determined in Personal Injury Cases?

For a personal injury case to be successful, your personal injury attorney must prove that the liable parties (or parties) acted negligently. Doing so requires your Louisiana personal injury attorney to prove the four elements of negligence.

These elements are:

• The liable party owed you a duty of care. Duty of care refers to the responsibility of an individual (or entity) to take actions that preserve the safety of those around them. For example, a motorist acts responsibly towards other drivers by not drinking before they drive.
• The liable party breached the duty of care. For example, a truck driver did not follow the federally regulated hours of service they must adhere to.
• This breach directly caused your injury. For example, a truck driver who did not adhere to hours-of-service regulations fell asleep at the wheel and crashed into your car.
• This led to direct losses. For example, medical records can show that the crash caused you to have multiple injuries.

How Can a Personal Injury Lawyer Prove Negligence?

Your lawyer will prove negligence through a thorough investigation of your accident. Investigations may include:

• Interviewing eyewitnesses
• Reviewing video footage and photographs from the accident scene
• Obtaining official documentation, such as police reports, driving records, and maintenance logs
• Analyzing accident scene physical evidence, such as skid marks or debris
• Consulting with experts, such as an accident reconstructionist

No two accidents are the same, and it can make it difficult to pursue the financial compensation and justice that you deserve. A Louisiana personal injury attorney will act on your behalf with the determination and compassion your case needs.

Louisiana Laws and How They Affect Your Personal Injury Case

Proving negligence is essential because Louisiana is a state with a pure comparative negligence law. Pure comparative negligence means that while you can recover compensation even if you were 99% at fault for your injuries, your recoverable compensation will also be reduced by your percentage of fault.

For instance, if your losses were valued at $100,000 but you were 50% at fault, your recoverable compensation would be reduced to $50,000. Insurers may exploit this law to their advantage, arguing that you were more at fault than you were. Therefore, it’s crucial to support your claim with substantial evidence.

In addition to negligence laws, Louisiana’s statute of limitations can impact your case. In Louisiana, you generally have two years to pursue a wrongful death or personal injury lawsuit. Failing to do so means you may be barred from recovering compensation.

Because of this law, acting quickly on your case is essential. Contact The Goldwater Law Firm to get started immediately.

What To Do After a Personal Injury in Louisiana

After an accident, you should always prioritize safety. However, once the immediate aftermath is over, you may be unsure of what actions are helpful to take to protect your legal rights. Below, we’ll go through some actions to take after you have suffered a personal injury due to someone else’s negligence.

Seek Medical Attention

While you may be hesitant to see a doctor due to the financial costs of medical care, it is essential to do so. Untreated injuries can lead to lifelong repercussions. In addition to seeking care from a medical professional, continuing any treatment plan they prescribe is critical.

It’s important to note that insurance companies may use your failure to follow through on your treatment against you. They may argue that you stopped your care because your injuries were not as severe as you claimed. This underscores the practical importance of adhering to treatment plans beyond just the health benefits.

Report the Accident

Police officers who respond to an accident will create a crash report detailing their analysis of the accident and their collection of evidence. If you did not call the police to the accident scene, you should still report the accident. In Louisiana, accidents must be reported if they result in injuries, deaths, or more than $500 in property damage.

Document the Accident

If it is safe, take photographs of the accident scene. Try to get photos that contain the vehicle damage, any physical evidence such as skid marks, and any evidence that may help point to the other driver’s negligence. For example, if they ignored a posted sign requiring them to yield, a photo of that sign could help prove they acted negligently.

Be Careful With Your Words

Insurers may investigate your online presence after an accident, so avoid posting on social media or anywhere public.

Additionally, avoid speaking to insurance adjusters directly without first consulting your attorney. Instead, request that they talk to your attorney. If you speak to an adjuster, avoid taking any blame for the accident and stick to the facts.