Lafayette Negligence Lawyer | Lafayette Personal Injury Damages Lawyer
Lafayette Personal Injury Lawyers - Types of Damages and Apportionment of Damages
When you or a family member are injured by someone else's negligence, you have a right to recover money damages. While money alone can never truly compensate you for the injuries you receive or especially for the loss of a loved one, the purpose of personal injury law is to try to bring you as close as possible to how you were before the accident. Be that as it may, money is the only legal remedy available in these difficult situations and you should receive monetary damages for your loss. Lafayette Personal Injury Lawyers and Lafayette Wrongful Death Lawyers are experienced in assessing monetary awards and know what type of a settlement or award you might be able to expect from your claim.
When someone is killed and the surviving family members believe a lawsuit may be in order, a Lafayette wrongful death lawyer can help them assess the legal issues and prepare necessary documents and expert witnesses for trial. Lafayette wrongful death attorneys will first assess who the proper parties are to make a claim.
Situations that may reduce or bar recovery:
Your own negligence can reduce your recovery.
In Louisiana, a doctrine called comparative negligence reduces your recovery if you were at fault. For example, if you are 10% responsible for your injury, your recovery would be reduced by 10% (§ Art. 2323. Comparative fault).
A legal doctrine called Several Liability can reduce your recovery.
Many states use a doctrine called joint and several liability. This means that, in most other states, when multiple defendants are found responsible, any one of them is responsible for paying the entire judgment if the other parties do not pay or are not able to pay. Louisiana, on the other hand, does not use joint and several liability in most cases. This means that if you are in a car accident and the accident is 50% the other driver's fault and 50% the city's fault (because of a broken traffic light, for example), the city cannot be forced to pay 100% of the damages even if the other driver has no insurance and no money. While, in theory, it is more equitable only to force a party to pay for the percentage of the accident that the party is responsible for, it often prevents injury victims from recovering the full amount that a jury has awarded them.
The only case where joint and several liability is permitted in Louisiana is when multiple defendants conspire to do the action, which leads to the injury. For example, if two people agree to mug you by beating you and stealing your wallet, both would be responsible for damages. This almost always involves some level of wrongdoing or malicious conduct.
You may not be able to recover anything if you wait too long.
Louisiana has something called a period of prescription. This is similar to a statute of limitations in other states. Prescription means that you only have a limited time to initiate a lawsuit after you are injured. In general, the period of prescription for personal injuries in Louisiana is one (1) year, but in some cases it can be extended. Most of the cases where the period can be extended deal with injuries that could not have been discovered until after the accident. In these cases, a suit must usually be brought within one (1) year of when the injury was discovered or should reasonably have been discovered. In general, this must be within three (3) years of when the incident causing the injury occurred.If you have been injured in the Lafayette area, you should seek immediate medical care and then contact a Lafayette Injury Attorney:
1602 West Pinhook Road #100
Lafayette, LA 70508
2130 Kaliste Saloom Road
Lafayette, LA 70508
Northeast Evangeline Thruway
Carencro, LA 70520
176 Heritage Parkway
Youngsville, LA 70592
Scott Family Clinic
5935 Cameron Street
Scott, LA 70583
4906 Ambassador Caffery #350
Lafayette, LA 70508
Suite 11, 5620 I-49 N. Service Road
Opelousas, LA 70570
121 Tivoli Street
Abbeville, LA 70510
What are some common types of injuries for which Lafayette Parish residents may be compensated?
Back, Neck, & Spinal Injuries - Spinal cord injuries are the most common injuries seen in car accidents and work related injuries. This is because the spinal vertebrae, soft tissue, discs, and ligaments extend from the base of the skull all the way down to the hips and are especially vulnerable to auto accidents, other high velocity impacts, and repetitive motion and occupational injuries. There are a wide array of spinal injuries including:
- (a) Whiplash or back and neck strain;
- (b) Herniated Discs - Usually diagnosed by a cervical MRI (magnetic resonance imaging) or a Lumbar MRI. Herniated discs can also be diagnosed by a LAT scan (compute
- d tomography) and/or a Cervical or Lumbar Myelogram. Surgical options may range from a laminectomy to a removal of the disc and a fusion. If you have suffered a herniated disc, you should pursue necessary medical treatment and contact a Lafayette area personal injury attorney;
- (c) Paraplegia or Quadriplegia - In Lafayette Truck Accidents, and other serious accidents, the trauma to the spine can result in a severe injury to the spinal cord. Depending upon the level of trauma, the result can be horrific and sometimes even permanently disabling. A victim may be paralyzed from the waist down or from the neck down, depending on the specific spinal injury involved.
- Brain Injuries - Brain Injuries range from extremely noticeable to very minor; however, despite the severity of the brain injury, it can affect your ability to perform a variety of daily tasks. Memory, motor function, or other complicated neurological processes may be compromised or fully destroyed. If you believe you may have suffered a brain injury, you should contact a doctor as well as one of the experienced personal injury attorneys listed above.
- Burns - Burn injuries can happen anytime, anywhere in Lafayette and they can change a person's life forever, leaving painful, difficult-to-mask scar tissue and, many times, requiring painful skin grafts.
What types of damages can be recovered when someone is wrongfully killed?
When negligence leads to a family member's death in Lafayette, there are multiple types of damages that can be recovered. The first are called survival damages. Survival claims are claims by the family that were inherited when the decedent died. This means that the family can sue for anything that the decedent could have sued for between the instant he was injured and the instant he died.
The second category of damages stem from Lafayette Wrongful Death claims. These damages allow the family to recover the damages they suffered as a result of their family member's death.
Lafayette personal injury attorneys and Lafayette Parish wrongful death attorneys represent clients in claims involving a wide range of injuries and accidents and have the experience and skill necessary to get the job done right.
Louisiana Punitive Damages - What Punitive Damages can be recovered in Louisiana?
Unfortunately for those injured, Louisiana only rarely allows Lafayette punitive damages to be recovered. Punitive damages are a legal device, which allows a court to warn others not to do the same bad thing that has been done to you. Punitive damages do not compensate you for any specific harm. They are designed to be a type of penalty which acts as a deterrent. One type of case where punitive damages are allowed are bad faith insurance cases. Read a discussion of Lafayette Rejected Insurance Claim Lawyers . Read more about Lafayette Punitive Damages Attorneys.
Where can you find a Lafayette Personal Injury Attorney or Louisiana Personal Injury Attorney near you?
Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.