Personal Injury FAQs

Q. What is personal injury?

A. A personal injury is an umbrella term and includes any kind of accident or occurrence that leads to bodily injury. This includes:

  • Automobile accidents
  • Trucking accidents
  • Construction accidents
  • Electrical accidents
  • Admiralty/Maritime and Boating accidents
  • Aircraft accidents
  • Defective product accidents
  • Defective highway accidents
  • Injuries on someone's property
  • Brain injuries
  • Burn injuries
  • Wrongful death
  • Medical malpractice
  • Sexual abuse by professionals and others

Q. Who can I sue for personal injury?

A. You may sue any person or entity whose negligent or intentional wrongful conduct contributed to the personal injury.

Q, What if I am partially at fault for causing my own injury?

A. Louisiana is a "comparative negligence" state. A person may still recover damages for their injuries if there is at least one other party at fault. The amount of your recovery is reduced by the percentage of your negligence.

Q. What if I'm injured at work?

A. If you're injured at work and the only entity or person at fault for the injury is your employer, you must file a worker's compensation claim to recover your damages. If someone other than your employer was at fault and caused or contributed to your injury, that person or company may be sued.

Q. What damages can I recover in a personal injury case?

A. Under Louisiana law, an injured party is entitled to recover all of his or her past and future medical expenses, past and future loss of income and impairment of future earning capacity, past and future pain, suffering and emotional distress. In some rare cases, punitive damages designed to punish the wrongdoer are available.

Q. How long do I have to file a personal injury case?

A. Under Louisiana law, you have one year from the date of the injury to file a lawsuit against the responsible party. In certain cases, when you do immediately discover that you have been injured, you may have one year from the date you discover you have been injured. It is always safer to file suit within one year of the date of the injury, however. If your year has passed, you may still have a claim. Consult us immediately. If your claim is against your own Uninsured Motorists insurance company, you have two years from the date of the accident to file suit.

Q. Do I need to hire an attorney?

A. It's a good idea to hire an attorney to help establish who may be at fault and to conduct a full investigation into the facts and circumstances surrounding your case.

Q. Will my case settle?

A. Many cases settle out of court. Whether a case settles depends on the facts and circumstances of the case and the willingness of the parties to reach a resolution.

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