Baton Rouge Personal Injury Lawyer
After suffering a personal injury in an accident, it’s important to find out who was at fault and if you have grounds to seek monetary compensation from them. Get the answers you need by working with a Baton Rouge personal injury lawyer.
Few things can change your life for the worse more thoroughly than a serious personal injury. The medical care that’s required could result in enormous bills at a time when your wounds prevent you from working and earning an income. Even worse, your future physical well-being could be permanently compromised by a serious injury—which could inflict substantial emotional suffering.
None of these are things that anyone should have to experience, and when you weren’t at fault for causing the accident that harmed you, it can add to the stress and sense of injustice you are probably feeling. Take advantage of the options you have. A Baton Rouge personal injury lawyer from Spencer Calahan Injury Lawyers can help you seek compensation for the hardships you’ve endured.
What Counts as a Personal Injury?
In the end, virtually any injury that requires medical care or inflicts some sort of loss or damage could qualify for a personal injury claim in Baton Rouge. There are some restrictions that involve accidents that occur at work, but for the most part, as long as someone else was at fault, you can seek a financial settlement to cover your damages.
These are just a few of the different types of accidents that a personal injury lawyer from our firm will be able to help you with:
- Motor Vehicle Collisions – Easily the largest cause of personal injury claims in Baton Rouge, traffic accidents involving passenger cars, commercial trucks, pedestrians, bicyclists, buses, and motorcycles often leave victims injured and deserving compensation from the party at fault for the crash.
- Construction Accidents – While these claims are sometimes limited to workers compensation, if your accident was caused by malice, egregious negligence, or a party other than your employer or a coworker, you can seek comprehensive compensation through a personal injury lawsuit.
- Premises Liability – From dog bites to slip-and-falls, when property owners fail to keep their grounds clear of hazards and visitors get hurt, they can be held accountable.
- Medical Malpractice – Whether it was a doctor, a pharmacist, or a hospital, if your healthcare provider betrayed your trust and caused you further injury or illness, you should be compensated accordingly.
- Product Liability – Defective product claims occur when corporations value your health less than their profits. We can help you determine if the liability lies with the manufacturer, distributor, retailer, or even an advertiser.
When any of the above types of accidents have caused you harm, it is imperative that you reach out to a capable Baton Rouge injury attorney at Spencer Calahan Injury Lawyers. We have the experience necessary to win your claim. We will only have one year from the date the accident occurred to file your suit before we are barred from obtaining the compensation you deserve, so move quickly.
Gathering Evidence to Support Your Personal Injury Lawsuit
The way we go about gathering the appropriate evidence to support your personal injury case will be based on the type of accident you were involved in.
For example, if you were injured in an auto accident, we can examine each involved vehicle to see if a malfunctioning part caused the collision. In the case of a medical malpractice suit, we would want to interview everyone involved in your treatment and care, as well as examine your medical records and charts so we can determine exactly where the mistake occurred.
Other kinds of evidence that will be crucial to the success of your Baton Rouge injury claim could include videos, witness statements, supporting documents, photographs, forensic evidence like DNA, and expert testimony (i.e., a statement from an expert who is able to examine the damage and injuries and draw valid conclusions as to how the accident occurred).
Obtaining high-quality evidence can only help your case. While you’re recovering from your injuries, an injury attorney in Baton Rouge will work for you to build a robust case that is set up to win.
Types of Personal Injuries and Your Compensation
Once the at-fault party has been identified by your Baton Rouge personal injury attorney, the next step is to determine how much your claim is worth. This starts with considering the type of injury you sustained, as this will determine what medical treatments will be necessary and how your quality of life will be damaged. For example, a coma will result in substantially more significant damages than a bone fracture will. Other commonly seen injuries that our clients have reported include the following:
- Brain damage and spinal injuries are probably some of the most serious, as these wounds can be permanent, require intensive and ongoing medical care, and dramatically affect your lifestyle. You could need to relearn how to express your emotions, speak, eat, drink, walk, write, and complete many other common tasks, depending on the extent of the injury and which portion of the brain or spinal cord was affected.
- Severe burn injuries aren’t far behind, as they can result in permanent disfigurement, are excruciatingly painful, and might even reduce your mobility.
- Broken bones can irrevocably change your quality of life. While most breaks and fractures will heal in time, truly bad breaks might require pins and screws, and crushed bones might never fully recover.
- Mental health ailments like clinical depression, post-traumatic stress disorder (PTSD), and anxiety can manifest symptoms in a number of ways, such as insomnia or flashbacks.
- Organ failure can require extensive medical care and potentially an organ transplant. This could leave you in the hospital for an extended period of time.
- Amputations are among the most debilitating injuries a person can suffer. The loss of a limb can render you unable to participate in activities you once found joy in, and you’ll need to learn how to do everyday tasks without the missing limb. It’s important to note that amputation victims have also frequently reported chronic pain in the area surrounding the amputation site.
It only makes sense that the more critical an injury is, the greater the impact will be on your life; and the greater the impact, the more you can expect to recover in compensation from the liable party. In addition, injuries that will affect your life for years to come, or even permanently, should be given an elevated consideration when quantifying your losses.
What Goes into a Fair Personal Injury Settlement?
Your demand for personal injury compensation will need to factor in every financial expense and every negative quality-of-life impact incurred by your injuries. While the financial losses might seem obvious, a full settlement will also account for all of your future losses—not just your current ones.
Some expenses also aren’t as obvious as others. For example, many injury victims don’t realize that they can be compensated for the travel expenses necessitated by their medical care. Listed below are just a few of the potential items that might need to be included in your settlement:
- Current and future costs of medical care, treatments, and surgeries
- Lost wages, income, and earning potential
- Medication and mobility equipment
- Caretaker wages
- Emotional and physical therapy
The damage done to your lifestyle will also need to be included. While these losses are non-economic, your personal injury lawyer will be able to help you arrive at a fair assessment of their value. These include pain and suffering, loss of consortium, emotional distress, the effects of a disfiguring injury, and lost enjoyment of life.
Should the Baton Rouge court determine that the actions of the defendant in your case were egregiously negligent or intended to cause harm, the judge could decide that your injuries warrant an award of exemplary, also known as punitive, damages. Although punitive damages will increase the value of your claim, they are designed primarily to deter future wrongdoing and punish the negligent party.
Negotiating a Personal Injury Claim with Insurance Companies
While not always the case, your final payout will probably come from the at-fault party’s insurance company. Even when an insurer isn’t involved, an opposing attorney most likely will be. Either way, these professionals are likely not going to have your best interests in mind when making you a settlement offer.
In fact, it’s all but certain that they’ll try to resolve your Baton Rouge injury claim as cheaply as possible. They might even try to get you to make a statement in the hopes that you’ll say something that will allow them to pin blame for the accident on you.
It’s important to be aware of these unscrupulous tactics, because the larger the percentage of fault they can put on you, the less they’ll have to pay you. That’s thanks to comparative negligence laws in Louisiana. We may avoid going to court by coming to a reasonable settlement agreement with the insurance company. If we are unable to do so, however, we are willing and prepared to bring the case to court.
This is why it’s best to let a Baton Rouge personal injury lawyer from our firm handle the negotiations on your behalf. Not only will we get you a larger settlement than their initial offer, but we also promise that it will be larger even after our attorney contingency fee is deducted.
Baton Rouge Personal Injury FAQ
The aftermath of a catastrophic injury can be a confusing time, which is why we’ve provided answers here to a few of the questions we are asked by our clients on a regular basis. If you would like more specific information as it pertains to your unique situation, please contact our office so that you can speak with a Baton Rouge personal injury lawyer.
Can I seek personal injury compensation on behalf of my child?
Yes. Just because children are not legally allowed to file lawsuits does not mean that they aren’t afforded the same rights as those of us who do meet the legal age requirements. As long as you are the child’s legal guardian or have parental rights, you can file a Baton Rouge personal injury claim on his or her behalf.
Can a lawyer help me if my family member died in an accident?
If you are the deceased’s spouse or child, you can file a wrongful death claim seeking damages. If the deceased was unmarried and had no children, you might be able to file if you are a sibling. If there are no siblings, then you can file if you are a grandparent of the deceased. In the event that there are no surviving family members, the designated representative of the estate may proceed with a claim.
How much time do I have to file a personal injury claim seeking financial compensation?
Louisiana provides a much shorter window of opportunity for seeking damages than most other states. You are allowed a liberative prescription of just one year. If you wait longer than that, your case will most likely be dismissed, making it essential to begin work on your case as soon as possible.
Contact a Baton Rouge Injury Lawyer
No matter what type of accident you’ve been involved in, if it was caused by the negligent actions of someone else, you have the right to obtain full compensation from the at-fault party. Don’t get stuck with the costs of a critical injury.
Get in touch with the team of highly trained professionals at Spencer Calahan Injury Lawyers. We take pride in getting the best results possible for our clients. We know personal injury law, and we won’t allow an insurance company or opposing attorney to take advantage of you.