Do You Have a Valid Personal Injury Claim in Louisiana?
Have you or a loved one been injured in an accident? If so, you may wonder whether you have a valid personal injury claim. In many cases, accident victims can recover compensation for medical bills, lost income, and other losses.
If another person, business or government agency caused your accident, you should contact an experienced personal injury attorney. The attorneys at Cueria Law Injury Lawyers have helped many injured clients recover the compensation they deserve. Because Louisiana personal injury law is complex, having the right legal guidance can make a meaningful difference in your case.
Not Every Accident Results in a Personal Injury Claim
Not all accidents lead to valid personal injury claims. Likewise, not all claims look the same. Each case involves unique facts, injuries, and damages. As a result, compensation can vary widely from one case to another.
However, asking yourself a few key questions can help you determine whether you may have a valid claim. Even so, speaking with an experienced attorney is always the best way to get a clear answer.
Did You Suffer a Personal Injury?
To file a personal injury claim, you must have suffered an injury. Personal injuries include physical and mental harm that negatively affects your life.
Examples of physical injuries include:
- Broken bones
- Traumatic brain injuries
- Burns
Examples of mental or emotional injuries include:
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
Both physical and emotional injuries may qualify for compensation under Louisiana law.
Was Another Party at Fault?
A personal injury claim also requires that another party caused your injury. This party may be an individual, a business, or a government agency. Your attorney must prove that the at-fault party acted negligently.
To establish negligence, your attorney will show:
- Duty of care: The defendant owed you a legal duty
- Breach of duty: The defendant failed to meet that duty
- Causation: The breach directly caused your injury
- Damages: You suffered losses as a result
Because proving negligence can be complex, working with an attorney is critical.
Understanding Comparative Negligence in Louisiana
Louisiana follows a comparative negligence system. This means more than one party may share fault for an accident.
For example, if you were found 30% responsible for an accident, you could still recover 70% of your damages. Therefore, even partial fault does not automatically prevent compensation.
Are There Recoverable Damages in Your Case?
Finally, consider whether you suffered losses because of the accident. These losses are known as damages and may be economic or non-economic.
Economic damages may include:
- Medical expenses
- Lost wages
- Property damage or replacement
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Physical impairment
Because non-economic damages are subjective, an experienced personal injury attorney can help determine their value.
Speak With a New Orleans Personal Injury Attorney Today
If you answered “yes” to these questions, you may have a valid personal injury claim. However, the best way to protect your rights is to speak with an experienced attorney.
At Cueria Law Injury Lawyers, our legal team can review your case, explain Louisiana personal injury laws, and guide you through your legal options. Accidents that cause serious injuries can change your life. Therefore, having a strong legal advocate on your side matters.
Call Cueria Law Injury Lawyers at (504) 525-5211 today to schedule a consultation and learn how we can help you pursue the compensation you deserve.