How Do I Know If I Have A Personal Injury Case In Louisiana?

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Answered by: Steven J. Moore

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A wide variety of situations can lead to a personal injury case. While the best way to know if you have a case is to speak with an attorney, understanding what is common can help determine if it’s time to find a lawyer.

Generally, the circumstances of your injury must meet three requirements before you can file a personal injury case. First, you must be able to prove that another party was negligent. Second, you must be able to prove that their negligence caused your injury. Third, you must be able to prove that the injury caused by negligence resulted in harm.

If the accident that caused your injury meets those criteria, you may have a case. However, you may still have a case, even if you aren’t sure it meets all three criteria. An experienced personal injury lawyer can help determine what steps to take and whether you have a personal injury case.

Common Personal Injury Cases

Accidents can occur almost anywhere, but not every accident leads to a personal injury case. However, some accidents more commonly lead to cases than others. For example, some of the most common events that lead to personal injury cases include:

  • Motor vehicle accidents: This may include car, van, truck, bike and even pedestrian accidents. If you were injured in a crash with a vehicle, either as a driver or passenger, you may have a case.
  • Injury at work: If you were injured at work, it’s unlikely that you will be able to bring a personal injury lawsuit against your employer. However, you may be eligible for workers’ compensation.
  • Medical malpractice: Hospitals are busy places and, unfortunately, mistakes happen. Failure to properly diagnose a condition and give adequate care, mistakes by the pharmacy and birth injuries are examples of some medical malpractice personal injury claims. If you’ve received negligent care at a hospital, you may have a case.
  • Product liability: If a product you purchased is dangerous or defective, you may have a product liability case. This may include food, vehicle parts or other consumer products.

Every situation is unique; and, in many circumstances, gathering enough evidence to support your case can be difficult. Speak with an attorney to determine if the proof from your accident is enough to support your case.

What To Do After An Accident

Even if you are the victim of negligence in an accident, you need adequate evidence to find success in your personal injury case. Immediately after an incident occurs, seek whatever medical help is necessary. Call 911, even if you aren’t sure you’re injured, because adrenaline can mask symptoms directly after injuries have occurred. Next, or whenever possible, take photos of the accident scene and write down whatever you can remember before, during and after the accident. These all may be used as proof if you do have a personal injury case. Finally, contact an attorney and actively participate in the investigation so that as many facts as possible can be gathered.

If you do have a personal injury case, one of the best ways to advocate for yourself is to help the process run as smoothly as possible.

Obtaining Compensation For Wrongful Death

If your loved one passed away due to injuries they received in an accident, you may also be eligible for compensation, but it will most likely be considered wrongful death compensation instead of personal injury compensation. This is because wrongful death cases usually seek funds to cover the cost of a funeral, burial expenses, damages from lost household earning potential and more.

The best way to determine if you have a case is to speak with a personal injury attorney. They know the laws, and have the experience, knowledge and skills to determine how to proceed with your case.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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