Baton Rouge Louisiana Personal Injury Attorney
Physical or emotional injury or damage to personal property are legally considered “personal injuries”. Civil laws regulating personal injury allow for compensation for the injured party, to rectify the damages doen by another’s carelessness, negligence, recklessness, or intentional actions. Another name for personal injury law is “tort” law.
State and federal tort laws are aimed at protecting your rights. Generally, any tort actions must meet three criteria: the existence of a legal duty between defendant (the one doing the wrong) and plaintiff (the person injured); a breach of that duty (by the defendant); damage resulting from that breach. If and when all three criteria are met, a personal injury, or tort, has occurred.
Our society puts demands on all citizens to avoid harming others. This standard applies to possessions as well. Harm done to you or something that belongs to you is in direct violation of the applicable tort laws governing the situation. Such harm may be intentional or accidental, but both may cause the doer to be liability for the damage done. Intentional actions are designed to cause harm or injury, while negligent action is the failure to take appropriate action, which results in preventable harm. A brick thrown through your car window is intentional; driving into your parked car through careless vehicle operation is negligence. In both cases, the defendant was expected not to injure you or your property – our laws and society create that duty.
There is a more specific form of personal injury law caled “strict liability.” Strict liability means that the injuring part is held responsible whether or not negligence or intention was involved – the simple fact that injury occurred is enough. This concept occurs in the area of product liability: manufacturers are held responsible for ensuring that their product is safe when used as directed.
After an occurrence of personal injury, the defendant (the injurer) is responsible for making good the damage done – rectifying the situation. The compensatory money owed to you is called “damages.” Damages may be agreed upon through insurance settlements, in court, or by other means.
Too often, damages awarded, especially in private settlements, do not fully compensate the loss, neglecting to account for emotional pain and suffering, or perhaps not considering the loss of income in the future due to the long-term effects of your injury.
Remember to do these things to help yourself if you are ever the victim of Baton Rouge personal injury:
- Seek and follow through on all medical care and physician instructions.
- Contact and follow through with your insurance company.
- Cooperate fully with police and other officals.
- Contact an attorney to discuss your case and weigh your options. Call as soon as possible and, in the meantime, avoid discussion of the matter with strangers, insurance representatives (from companies other than your own) and others.
Most Baton Rouge personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit.
If you or a loved one is in need of legal assistance, call Gordon R. Crawford at (225)647-2881 or toll free 1-800-889-1313. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
Contact A Louisiana Personal Injury Attorney
When you have been injured in an accident, the first thing you need to do is get yourself and others that maybe injured medical attention. Your health and safety are always first. Once you have taken care of yourself, then contact us.
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