What are Personal Injury Damages?

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Written By AndrewPerry

Founded in 2015 by a group of passionate legal professionals and enthusiasts, FlowingLaw started as a small blog. Today, it's a thriving community where ideas, expertise, and legal advice flow freely.





Personal Injury Lawyers

Personal injury damages are monetary awards that people receive in the event of injuries that occur by another person’s negligence. “Damages” can also be the term used for the damages sustained by this harm. Plaintiffs may receive personal injury damage awards for physical and emotional harm and also property damage because of an incident or accident which was the fault of someone else.

If you or someone close to you suffered injuries in a preventable accident in Louisiana there is a chance that you are legally entitled to compensation. An Louisiana personal injury lawyer from our firm could represent you. Our legal team will review the facts of your case to determine whether there is a need to make a personal injury claim or claim. If yes, we will pursue an agreement to settle your personal injury compensation.

Filing a Personal Injury Lawsuit in Louisiana is a possible option to Pursue Damages

According to CC Art. 2315, any person who causes harm to an individual must pay for their loss. If you’ve been injured by another person, you can seek compensation through insurance or file a personal injury lawsuit for damages.

Insurance Claims allow the parties who have been injured to settle their cases without having to go to the court

Many people begin their legal process of seeking compensation by filing a claim with the at-fault or liable party’s insurance company. It allows claimants to make their case to the insurer and ask for compensation for the damages, which can be resolved into a settlement in accordance with the responsible party’s policy.

The insurance coverage doesn’t always guarantee all losses. Even if there is adequate coverage, insurance companies might attempt to negotiate the smallest settlement possible. If you have accepted their offer, you are no longer able to pursue any additional compensation, even if your injuries worsen and require more treatment. An attorney can assist you estimate the value of your case, and reach a fair settlement.

When is it appropriate to sue for an injury to the person

To pursue compensation, you could pursue a personal injury lawsuit when you have issues with your insurance company after you have filed an insurance claim. Lawyers typically employ lawsuits as a means to reach an agreement. However, this could be an option in the event that the insurance company does not agree with your claims.

If you’ve suffered severe injuries that require continual treatment, it could be required to file an injury lawsuit in order to get the compensation you require to cover your medical bills, injuries or property damage, as well as the effects on your lifestyle. Certain insurance policies don’t offer enough protection to pay for all expenses which is why filing a civil lawsuit could be one way to fight for more money.

The losses you have suffered will determine the amount of personal injury compensation you could be entitled to

If you are successful in a lawsuit in a personal injury case in Louisiana There are a variety of types of damages you can be awarded. They include:

Special Damages

These economic damages are for the particular cost or loss resulting from an injury that is caused by an accident. These are examples of special damages:

  • Medical, ambulance, medication, and rehabilitative expenses
  • Future medical expenses
  • The loss of wages resulting from inability to work, and the expected future loss of wages
  • Property damage costs such as the repair or replacement of a vehicle damaged

Earning capacity is reduced

  • If you have to take a trip to the doctor’s office it will cost you the cost of mileage
  • Car rental fees for the time that your vehicle is being repaired
  • We are also able to collect invoices and receipts from your when you’ve suffered financial setbacks. The documents we collect will be used to determine the amount of compensation we need.

General Damages

These are for less-tangible and subjective costs that do not have a specific monetary value. Examples include.

  • The pain and suffering
  • Stress and anxiety emotional and mental, which includes anxiety, depression, anger and sleep issues.
  • Loss of quality of life
  • Reputational harm
  • Humiliation
  • Psychological trauma
  • Permanent disability can mean loss of sight, hearing and bodily functions.

Physical disfigurement or scarring

These types of damages are not definite, but there are ways to determine their value. Our legal team is able to go over how we estimate an amount of money for non-economic damages following an investigation of your case.

Exemplary or Punitive Damages

They are intended to penalize and make an example of a defendant who acted in a malicious, violent or fraudulent manner, or in a grossly reckless way while causing your injuries. Sometimes, punitive damages are higher than compensatory damages.

There’s no limit on the amount of damages you may be awarded in Louisiana however there is a limit at $500,000 in the case of medical negligence, as per RS 40:1231.2.

Damages for Wrongful Death Claims

According to CC Art. 2315.2, the immediate family members of someone who was killed due to negligence of another may collect damages that the deceased would have been entitled to in a personal injury lawsuit should they have survived. The situation may allow family members like spouses, children, or other family members to bring wrongful death lawsuits.

Wrongful death damages may include:

  • Funeral, burial, or cremation costs
  • Financial support lost by the victim who died (decedent)
  • The loss of companionship or consortium
  • The loss of parental guidance
  • Loss of inheritance
  • Social loss
  • Medical debts

Laborde Earles Injury Lawyers understands the sadness you feel following the loss of your loved one. We can assist you in managing your case and keep you informed on the progress of the case. This will make sure that you don’t be late to any deadlines imposed by law.

To be awarded personal injury compensation, you must prove that negligence occurred

Your lawyer and you have to demonstrate that the defendant’s negligence was accountable for the incident in order to be awarded damages. This means showing the following:

  • Duty to care: You owe the defendant the duty to not cause harm to anyone else. For instance, all motorists are required to obey traffic laws and take precautions to avoid striking other vehicles or other road users.
  • Breach of duty: The defendant violated this duty. It could be, for example, when the driver uses their phone to control their vehicle. It would be considered a breach their duty of care.
  • Cause: Your injuries were caused by the defendant’s breach. Take our example as follows: Since the driver was distracted driving with their phone, they weren’t able to see you cross the street.
  • Damages: You suffered damages because of the accident. You broke your leg after an accident, in which a distracted driver struck you at the crosswalk. Your leg injury prevented you from working for eight weeks and required intensive medical treatment, which included physical therapy after the leg was healed.

On a case-by-case basis, the care obligation can differ

The circumstances will determine which duty of care must be performed. Examples of different types of duties of care include:

  • Car accidents: Drivers must adhere to traffic laws. If a driver who is drunk swerves through at a red light and then crashes into you, it could be a violation of duty.
  • Slip-and-fall accidents: Property managers and owners must make sure that their properties are safe for customers and guests. If a shopkeeper doesn’t clean up any spillage and you slip and fall, it could be an infraction of duty.
  • Products that are defective:Product manufacturers, designers, and marketers must ensure their product is safe for use prior to releasing it on the general public. The breach of duty might occur if a defective airbag ruptured and injured you.
  • Medical malpractice: All medical workers and facilities are required to provide medical care according to standards of the industry to ensure the safety of patients. If a surgeon leaves a sponge inside your body it could be a violation of obligation.

Our legal team will examine the facts of your case to determine who is responsible for your injuries. This is dependent on the duty of care. We also can gather evidence to support your claim and present the evidence before an insurance adjuster.

If you’re not sure of what to look out for, picking an experienced personal injury lawyer is difficult. One of the biggest challenges people face when selecting the right personal injury lawyer to represent them is determining their quality. The first thing to be looking for in any injury lawyer is a solid winning to loss record. You should not select a lawyer who has had more losses than he has won. If a lawyer is unwilling to sign this document this could be a sign that he isn’t the best. It is crucial to not get an old document. Some lawyers have many years of experience, but they will only present one. It is essential to look over the courtroom performances of his lawyer up to the present.

There are many factors that will determine your choice of lawyer, or even if you should get one. If you were hit by someone in a car and suffered a serious injury and that person was under the influence of anything you have an easy case. You don’t really need an attorney if you have the police record. You can go by yourself and represent yourself in this particular case or for any similar to it. If the facts aren’t as clear and fault is not as evident, a better lawyer is recommended. Personal injury lawyers and lawyers in general, the more cases they win and more successful their won-to-lose record is the more expensive they become. Many lawyers aren’t expensive. They are more proficient than others and select cases with less complexity to make their legal case easier to afford. They’ll take the simplest cases and charge higher for their stellar record in courtroom. They earn more money and can have the ability to do their job with less effort.

Other patient reviews are the next thing to look for when you are looking for the reviews of a lawyer. You can post your experiences on a variety of forums. Another method to assess the credibility of your lawyer is to input his name to the web. You will get a lot of information, which is often the most reliable kind of review you can get for any lawyer. A large number of favorable reviews will be posted on the internet when a lawyer’s reputation is truly outstanding. Personal injury lawyers usually charge an hourly fee and receive a percentage of the settlement. While some lawyers will accept a lower hourly rate in exchange for a greater percentage, most won’t.

Generally a personal injury lawyer will charge around 60 dollars an hour or up. A personal injury lawyer could be charged up to 100 bucks per hour when they have a good track record, especially for cases with high risk. The majority of injury lawyers are smart have an expensive suit, a good looking office and an impressive track record, but that does not mean he is the best choice to represent you in court. A lawyer who specializes in cases involving auto injuries is a great option. If you can locate a lawyer with a great experience and has been working for many years in the field that you injured in a car accident or something else cases, it is a great choice.

How To Find The Best Brooklyn Personal Injury Attorney Including Money Saving Tips

If you have ever been injured in an accident, it is crucial to select the best Brooklyn Personal Injury Lawyer. You could be paying a lot of cash in the event of making the wrong choice. Here are some excellent tips you can make use of when trying to find the best man or woman to do the job.

Let me first give you an outline of the work of a Brooklyn Personal Injured Lawyer does. A Brooklyn Personal Injury Lawyer is someone who represents those who have suffered physical emotional, psychologically, or physically injured by the negligence or infractions committed by another person, agency, government, or entity.

The majority of Brooklyn Personal Injury Lawyers deal with cases that include but are not limited to car accidents, medical mishaps, work injuries, slip and fall accidents, and other incidents. It is important to note that most the cases and incidents handled by Personal Injury Lawyers will end in a settlement, instead of proceeding to trial.

Okay, now that you have some information, let us get started with some tips to help you make an informed choice for your family. Making the right choice will help you save time, money suffering, and both.

The first and most important thing is that you must choose a lawyer that is honest, ethical and committed to doing the right thing. The lawyer represents you as your legal representative, and as such must have the knowledge and skills required to be able to meet and fulfill your needs. If he fails keep in mind that you are the boss, so don’t be afraid of firing him.

The Brooklyn Personal Injury Lawyer will take a listen to your story and assess the situation. The initial consultation is free, and provides an opportunity to have questions answered and don’t be shy to ask questions. You can also choose how you want to pay for the services. The majority of lawyers work on contingent fee bases which implies that the lawyer will not get paid unless there is a settlement or a verdict after trial in your behalf. He has to win in order to get paid, but in most instances, this means that even if you win just a little amount they will charge you a high amount and thus compensates for the cases the lawyer has lost. Be cautious when choosing an attorney. Make sure you read your contract carefully as there may be hidden fees or unnecessary costs.

Another great resource in finding the right Brooklyn Personal Injury Lawyer is to ask around. You might have a friend or family member who at one point or another sought the help of a Brooklyn Personal Injury Lawyer. they might have some useful advice or be able to recommend the right lawyer for your requirements. Talk to them. Your friends are your most valuable assets.

We all know that lawyers are notorious for charging high-rates and big fees every chance they get. This is why I would like to share some fantastic tips and tricks for getting around this huge obstacle.

Personal Injury Questions

What is the reason I should have an attorney?

A personal injury lawyer is an excellent option when you’ve been injured due to the negligence of another person, regardless whether it was an automobile, bike or trucking accident. A seasoned attorney can provide free, no-risk consultations to those who have been injured as well as their families. You’ll be able determine if you can recover the amount you require for your injuries (medical expenses as well as lost earnings) and help you get back to the pre-accident state.

I’m unsure if I’m a victim or Not! What should I do?

People who have been injured in an accident have the right to receive financial compensation. Although every case is unique various factors could award aid to those who are in need. Contact your doctor for advice on compensation before you file any claims. To be able to possibly have a personal injury case, you need to have the 4 following:

Negligence – is the other party at fault for the accident?

  • Physical Injury
  • Show the financial losses resulted from the injury’s expenses, such as medical bills, repairs to your vehicle, etc.
  • Do not bring a lawsuit to court until after the statute of limitations has expired.

Your rights are crucial. Call a lawyer. Get a professional opinion. There is no risk. The majority of attorneys don’t charge for an initial consultation for Personal Injury cases.

How do I know whether I have an injury-related personal claim?

It is a matter for the law to determine if a Personal Injury claim (or “tort”) exists. A “tort” case consists of four elements:

  • The “at-fault” person is obligated to do or not to do something,
  • This duty is not fulfilled by the “at fault” person.
  • You’re liable for Damages. Your Damages are the result of the “at-fault” individual’s actions.

What time do I have to file a lawsuit following I am injured? What is the maximum time I have to file a claim?

Once you are informed that you’ve suffered injuries, you are required to file your personal injury case within two years. You’ll lose the right to claim compensation if you don’t make your claim in the time frame specified. The two-year time frame begins the moment you are informed of your injury, not when you are actually injured. You can take action even if the injury wasn’t immediately apparent or occurred during a prolonged period.

When is the ideal time to engage an attorney who is specialized in personal injury?

It is important to consult an attorney in the event of personal injury immediately. Your insurance company will reach out to you soon after the accident to get a statement. They will usually request the statement be recorded. The statement could be used against you in the future. In addition the insurance company could require you to sign authorizations so that they may obtain details regarding your. A lawyer can assist you determine what information the insurance company is entitled to scrutinize and collect. A personal injury lawyer can assist you in obtaining testimony from witnesses and preserve evidence.

What If I’ve Already Taken Steps Independently?

Many of our customers are acquainted with the process of claiming and have experienced it as difficult and stressful. Others simply are unable to afford the out of pocket for the medical care they require and are in need of our assistance. When we’re hired, we will begin collecting the requisite information and immediately inform insurance providers that all communications should be directed to our office. We aim to take the stress we can from you so you can focus on becoming healthy again, both mentally and physically.

The Insurance Company Said I Don’t Need An Attorney–Is That True?

Your interests and those of the insurance company aren’t the same. Insurance companies may try to give you legal advice that benefits them. For a fair legal opinion on your case and the rights you have, you should speak with a personal injury attorney. Many lawyers for injury offer an obligation-free consultation to injured people as well as their families.

Do I have a case big enough for a Lawyer to handle?

Riah Greathouse, a Greathouse Trial Law lawyer is able to handle all kinds of injury cases, including small medium, large, and extremely large. Our injury cases span from soft tissue injuries in car accident cases to catastrophic injuries, concussions and wrongful death cases. Riah has extensive experience in handling personal injury cases which result from negligence.

What is a Contingency Fee?

As mentioned above, a contingency fee, set by both you and your attorney, to be paid at the finalization of a lawsuit.It can also be known as “No fee until you are successful.” A contingent fee is paid in the form of an amount of your settlement (either settlement or an award from the court).

What if I can’t afford to afford legal representation?

Most personal injury attorneys are working on a contingency-fee basis. The attorneys won’t receive any money unless you win. Personal injury lawyers will usually need a retainer in order to perform their services. They also will advance any expenses necessary to investigate your claim.

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