It’s important to understand your rights and legal options if you’ve been injured by no fault of your own and involved in a personal injury wreck.
Whether you’ve been hurt in a car crash, a slip and fall incident, or as a result of medical malpractice, you may be entitled to significant compensation for your injuries and losses.
At the Ikerd Law Firm, we are dedicated to helping injury victims in Lafayette and throughout Acadiana to navigate the complex legal system and fight for the compensation they deserve.
Our team of personal injury lawyers has the knowledge and resources to take on even the most challenging cases.
Personal Injury Case – Overview
Personal injury refers to physical, emotional, or psychological harm caused by the negligent or intentional actions of another person or entity.
It encompasses a wide range of accidents and incidents, including car wrecks, slip and fall accidents, medical malpractice, wrongful death, and product liability cases (among others).
In a personal injury case, the person who has been harmed (the plaintiff) may be entitled to financial compensation for their injuries and losses, which can include medical expenses, lost wages, and pain and suffering.
The goal of a personal injury claim is to hold the responsible party accountable and to compensate the injured person for their harm. Oftentimes, this means filing a lawsuit against the responsible party and their insurance company.
Common Types of Personal Injury Cases in Lafayette
Car accidents: Whether you’ve been hit by a negligent driver or involved in a multi-car pileup, auto accidents can cause serious injuries and financial losses
Slip and fall accidents: Property owners have a legal duty to keep their premises safe, and if you’ve been hurt in a slip and fall accident, you may be able to hold the property owner liable
Medical malpractice: When healthcare professionals make mistakes, the consequences can be devastating. If you’ve been harmed by a medical professional’s negligence, you may have a medical malpractice claim
Product liability: If you’ve been injured by a defective product, you may be able to hold the manufacturer or seller liable
Workplace accidents: Workers can be injured on the job due to a variety of factors, including hazardous working conditions, lack of proper training, and inadequate safety equipment
Wrongful Death / Survival Action: These cases involve the death of a person caused by the negligence or intentional actions of another person or entity. They can include claims for loss of companionship, funeral expenses, and other damages
Dog Bites: These cases involve injuries sustained from dog bites. Dog owners are liable for bites caused by their dog
Brain Injury: These cases involve injuries to the brain caused by an accident or medical malpractice. Brain injuries can have long-lasting effects on a person’s cognitive and physical abilities
Spinal cord injury: These cases involve injuries to the spine caused by an accident or medical malpractice. Spinal cord injuries can have long-lasting effects on a person’s mobility and ability to feel the sensation
Construction Accidents: These cases involve injuries sustained at a construction site. They can include claims for injuries caused by falling debris, scaffolding collapses, or other hazards
Premises Liability: These cases involve injuries sustained on someone else’s property. They can include claims for injuries caused by poor maintenance, inadequate security, or other hazards on the property
Boating Accidents: These cases involve injuries sustained on a boat or watercraft. They can include claims for injuries caused by negligent operation, inadequate safety equipment, or other hazards on the water
Environmental Pollution: These cases involve injuries caused by the release of pollutants or toxic substances into the environment. These can include claims for injuries caused by exposure to hazardous materials, water pollution, and air pollution
The Length of Time to File Suit
Time is not on your side. Act now.
In the state of Louisiana, the limit in the amount of time to file most lawsuits is called the “prescriptive period.” In other states, such as Texas, it is called the “statute of limitations.”
Generally, personal injury cases have a prescriptive period of one year from the date of the injury.
This means that an individual must file a lawsuit within one year of the date that the injury occurred, or they will be barred from doing so.
This time limit applies to all types of personal injury cases, including auto wrecks, slip and fall accidents, and wrongful death cases.
Exceptions
However, there are some exceptions to this general rule. For example, in cases involving medical malpractice in Louisiana, the statute of limitations, or “prescription,” is one year from the date of discovery of the injury but not more than three years from the date of the act or omission giving rise to the injury.
It is important to note that prescription (the statute of limitations) can be a complex area of law, and there may be other factors that could affect the time frame in which you can file a lawsuit.
Therefore, it is always best to consult with an experienced personal injury attorney, like Chad Ikerd and the Ikerd Law Firm, as soon as possible after an injury occurs to ensure that your rights are protected and that you have the best chance of success in your case.
If you do not file a suit timely, even if you are horribly injured, you may lose your right to sue and compensation forever.
Proving Liability
To be successful in a personal injury case, you’ll need to prove that the defendant (the person or entity you’re suing) was liable for your injuries.
Our team knows what it takes to prove liability and get our clients the justice and compensation they deserve.
Proving liability typically involves showing that the defendant:
Had a legal duty to act with reasonable care (for example, a driver has a duty to obey traffic laws, and a property owner has a duty to keep the premises safe)
Breached that duty (for example, by driving under the influence or failing to maintain safe walkways)
Caused your injuries as a result of that breach (for example, by crashing into your car or allowing a dangerous condition to exist on their property)
Damages That May Be Awarded for Personal Injury Cases
Personal injury accidents can happen unexpectedly and can cause a great deal of physical, emotional, and financial stress. If you or a loved one has been injured in an accident, it is important to understand your rights and the legal options available to you.
Part of these rights involves the right to sue for damages (compensation) under Louisiana state laws.
If you’re successful in a personal injury case, you may be entitled to various types of damages, including:
Medical expenses: You may be able to recover the costs of your medical treatment, including hospital stays, surgeries, and physical therapy
Lost wages: If your injuries have caused you to miss work, you may be able to recover your lost wages
Pain and suffering: You may be able to recover compensation for the physical and emotional pain and suffering caused by your injuries, what we call “human damages.”
What Should You Do If You’re Injured Due to Someone’s Negligence?
If you have been the victim of a personal injury in Lafayette, Louisiana, it is important to take certain steps to protect your rights and interests.
Below are some recommended actions to take:
Seek medical attention: Even if your injuries appear to be minor, it is important to seek medical attention as soon as possible. This will ensure that any injuries are properly diagnosed and treated, and it will also provide documentation of your injuries for any potential legal claims.
Report the incident: If the personal injury occurred in the context of an accident, such as a car crash, it is important to report the incident to the appropriate authorities. For example, if you were in a car accident, you should contact the police and file a report.
Gather evidence: If possible, take photos of the scene of the accident or incident and any injuries you sustained. Additionally, obtain contact information for any witnesses and make note of any details of the incident.
Consult with an experienced personal injury attorney: An attorney from the Ikerd Law Firm can advise you of your rights and help you navigate the legal process. An attorney can also help you gather and preserve evidence, communicate with insurance companies, negotiate a settlement or represent you in court.
Keep records of all expenses: Keep track of all expenses related to your personal injury, such as medical bills, lost wages, and any other costs you incur. This information will be necessary to help determine the amount of compensation you may be entitled to.
Be Careful of what you say: Be careful of what you say to insurance companies and other parties. Every phone call you make with an insurance adjuster is recorded, BE AWARE. Do not admit fault or make any statements that may be used against you later on. It is crucial to act fast in order to maximize your chances of receiving fair compensation and protect your rights. The sooner you take these steps, the better your chances of success will be
Personal Injury Law in Louisiana: Navigating the Complexities of the Legal System
Getting You the Compensation You Deserve
Personal injury claims are governed by a complex set of laws, and navigating the legal system can be overwhelming. However, with the help of a skilled and experienced personal injury lawyer from the Ikerd Law Firm, you can increase your chances of obtaining the compensation you deserve.
It is important to consult with an experienced personal injury attorney to determine whether you have a case and a general value for your case. Chad Ikerd and the Ikerd Law Firm can help you understand your rights and can help you build a strong case for compensation.
Call or message us today for a free consultation and to know more about our other legal services.
Free consultations are available for personal injury cases, new criminal charges, bond reductions, and probation. For general information on DOC time, sex offender status,parole questionsor DOC programs, an hourly fee may apply.