Personal injury law helps people who are hurt because of another person or company’s actions. These cases may involve car crashes, falls, unsafe products, or other harmful events. In New Orleans, an injured person may be able to seek money for losses caused by an accident. This can include medical costs, lost income, and pain and suffering.
Having an injury does not always mean there is a valid claim. The facts must show that another party may be legally responsible. Louisiana has rules that affect how much an injured person can recover and how long they have to take legal action.
Understanding some common personal injury questions can help you know what to expect after an accident.
What Is a Personal Injury Claim?
A personal injury claim is a legal claim for harm caused by another party. Many claims are based on negligence. Negligence generally means that someone failed to use reasonable care and caused an injury as a result.
For example, a driver may cause a crash by failing to follow traffic rules. A property owner may fail to fix or warn visitors about a dangerous condition.
Personal injury cases can include:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Slip and fall accidents
- Dangerous property conditions
- Defective products
- Wrongful death
Each case is different, so the evidence and legal rules that apply will depend on how the injury happened.
What Should I Do After an Accident in New Orleans?
Your health should be a main concern after an accident. Get medical care if you are hurt or believe you may have an injury. Some injuries may not result in clear symptoms right away.
When possible, take photos or videos of the accident scene. Get contact information from witnesses and keep copies of accident reports, medical records, bills, and other important papers. You should also be careful when speaking with insurance companies. An insurer may ask questions about your injuries or how the accident happened.
Keeping good records can make it easier to show what happened and how the accident affected your life. You may also want to speak with a personal injury attorney about your legal options.
How Long Do I Have to File a Personal Injury Lawsuit in Louisiana?
Louisiana places time limits on personal injury lawsuits. These deadlines are known as statutes of limitations. Under Louisiana law, most personal injury lawsuits are generally subject to a two-year statute of limitations that starts on the day the injury or damage occurs.
However, the deadline in a specific case can depend on the type of claim, the date of the accident, and other facts. Some claims may follow different rules or deadlines. Waiting too long can result in losing the right to seek compensation through a lawsuit.
Because deadlines can be complicated, it can help to have an attorney review your case as soon as possible after an injury.
What Compensation Can I Recover?
The compensation available in a personal injury case depends on the losses caused by the accident. A person with a minor injury may have very different losses from someone who needs surgery or long-term care.
Depending on the facts, damages may include payment for medical bills, future medical care, lost wages, reduced earning ability, pain and suffering, and property damage. A serious injury may also affect a person’s ability to work, care for family members, or take part in normal activities.
Evidence is important when seeking damages. Medical records can help show the nature of an injury, while pay records may show lost income. Other evidence may help explain how an injury has affected a person’s daily life.
Can I Recover Money if I Was Partly at Fault?
Fault can have a major effect on a Louisiana personal injury claim. Louisiana follows a modified comparative fault rule, which means you can recover damages only if you are 50% or less at fault.
For example, if an injured person is found partly responsible, that finding may reduce the amount the person can receive. The rules that apply can depend on when the claim arose and the facts involved.
Contact the Law Offices of John S. Williams, LLC for a Complimentary Consultation With a New Orleans Personal Injury Lawyer
If you were hurt because of someone else’s actions in New Orleans, you may have questions about your rights and what to do next. A personal injury claim can involve medical records, insurance companies, evidence, deadlines, and Louisiana liability laws.
The Law Offices of John S. Williams, LLC can review the facts of your accident and explain the legal options that may be available.
You do not have to sort through the legal process without guidance. Contact our New Orleans personal injury attorney at (504) 499-5644 to schedule a complimentary case evaluation and learn more about your options after an accident.
