You might be wondering the next steps to take if you’ve recently had a personal injury or an accident that has caused you harm. Knowing the ins and outs of personal injury accidents can ensure you know the correct steps to take and can file all the correct paperwork to go ahead with an insurance settlement or lawsuit.
A LaPlace personal injury lawyer can help.
A personal injury claim is often an insurance claim or civil lawsuit filed by an individual who has suffered an injury or property or other damage caused by the negligence of an individual, business, or government entity.
Personal injury claims can also be filed on behalf of an individual who was killed by another person’s negligence.
There are many different personal injury claim types, but some of the most common are car accident claims, defective product lawsuits, slip-and-fall lawsuits, and medical malpractice lawsuits.
Other common personal injury claims include truck accident claims, wrongful death lawsuits, and motorcycle accident claims, among others.
If you have a question as to whether or not your accident is a personal injury case, you can always contact a lawyer and ask them for their advice or their expertise on what they think.
Unfortunately, you don’t have a personal injury case just because you’ve been injured. There has to be evidence that negligence has occurred. There are four common elements of negligence that must occur for you to have a plausible personal injury claim.
First, you must prove that there was a duty of care. This means the other driver, owner of the property, or healthcare professional (as a few examples) has a duty to care for you and must make sure you are not in harm’s way.
If there was a duty of care, you also need to prove that the duty of care was breached. This includes a driver acting recklessly, a doctor not performing their duties correctly, or a store owner not drying the floor and causing someone to slip.
You must also prove that the breach of care was the primary cause of the injury and it wasn’t caused by a pre-existing medical condition or something that occurred before the injury. You have to prove that there was no other medical condition you had that could have caused you to be injured.
Finally, you also need to show that your injury resulted in damages. These could be proved with medical bills, lost wages, and testimony regarding your pain and suffering. Damages can be financial, physical, or emotional.
For over forty years we’ve won successful results for the people of Louisiana. Manard Law, LLC wants to help you with your personal injury case in LaPlace.
Give us a call at 504-585-7777, or fill out the contact form below. A LaPlace personal injury lawyer is ready to partner with you and give you all the information you need.