Louisiana Civil Code article 2315 (A) states, “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” This law establishes the framework for personal injury cases in the state of Louisiana. If you, or someone that you know, have been been injured as the result of an accident caused by someone else’s negligence, Tim Fischer Law can protect your rights and seek the compensation that you deserve.
Our experienced personal injury attorneys know that valuing a claim from car accident injuries is a complicated procedure that involves both insurance companies’ data calculations, along with a detailed case of adequate evidence to convince the judge or jury, depending on the situation. Sometimes a similar case ruling from the past can indicate a fair assessment of the value to disburse to the plaintiff if their evidence proves the negligence of the other party in causing the personal injury in a car accident. Other times will call for an elaborate fact presentation to clearly understand the situation and compel the jury to develop a consensus when special damages are awarded for gross negligence.
How long do I have to file a personal injury lawsuit?
Each state in the U.S. has implemented a statute of limitations in regard to filing a personal injury lawsuit. This means that an injured victim only has a certain amount of time to gather all of their evidence and pursue legal action in the hopes of recovering compensation. In the state of Louisiana, the statute of limitations only allows an individual one year from the date that they were injured to initiate the legal process. In the event that an injury was not discovered immediately, one is allowed no more than three years to file a claim within the statute of limitations.
Who is eligible for a personal injury claim?
Claims are applicable for all personal injury damages, including any instance of:
What if I’m partially responsible for my injuries?
In Louisiana, the legal system follows the rule of “pure comparative negligence.” This differs from modified comparative negligence because an injured victim may be able to recover a certain percentage of damages regardless of whether or they they contributed any fault in the accident itself. This means that a jury would be able to place a percentage of fault on both the plaintiff and the defendant, and the amount of compensation will be decided according to the sum of those damages to each party. If a person was illegally crossing the street at the time they were struck by a drunk driver, even if a jury finds the victim 90% responsible for causing their own injuries, they will still be able to recover 10% of the original amount of compensation.
Personal injury can occur through many types of accidents:
Traumatic Brain Injury
Spinal Cord Injury
Abrasions, Lacerations and/or Burns
There are many tough decisions to make after being the victim of personal injury, including immediate medical attention, automobile repairs, rental transportation, and lost wages. Fortunately, our injury attorneys are experienced in developing these complex valuations and arguing civil cases effectively to award the maximum compensation.
Hire An Experienced Personal Injury Attorney
We have seen the injuries and after effects that personal injury accidents of all types can have on families. Innocent victims are often left with serious injuries as well as facing overwhelming medical expenses. Tim Fischer Law has won hundreds of personal injury cases for their clients in Shreveport / Bossier City in their combined 60 years of experience practicing law.
Tim Fischer Law will work hard for you and your family in order to obtain medical treatment, reimbursement of your lost wages, in addition to money you deserve for your pain and suffering. Call our experienced personal injury attorneys today for a free consultation.
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If you’ve been injured at work, let our workers compensation and personal injury lawyers help you. Contact us today for a free consultation.