Lafayette Personal Injury Lawyers

Who Can File a Personal Injury Claim?

Under Louisiana law, you may file a personal injury claim (or lawsuit) when you suffer physical injuries, an illness, or a medical condition as a result of another person or party’s actions or inactions. In other words, if someone else was at fault for the incident that caused your injury, you likely have grounds for a claim.

As the person filing the personal injury claim (known as the “plaintiff”), you have the “burden of proof.” This means that you are the one responsible for proving your claim against the other party (known as the “defendant.”)

In most cases, proving your personal injury claim involves proving each of the following elements:

• Duty of Care: First, you must establish that the defendant had a legal responsibility to you. This is known as the “duty of care,” and it typically involves certain responsibilities the defendant had to avoid causing you foreseeable injury. For example, motorists have a duty of care to others on the road in that they must obey the law and drive with caution to avoid causing accidents, which could lead to bodily injury or death.
• Breach: Next, you need to demonstrate that the defendant breached the duty of care. Most often, this involves proving that the defendant was negligent, careless, or reckless in some way, or that they acted wrongfully (i.e., illegally). For example, a motorist who drives under the influence of alcohol or texts behind the wheel is acting negligently, therefore breaching the duty of care they owe to others on the road.
• Injury: To have a personal injury claim, you must also prove that you were, in fact, injured. Even if someone was egregiously negligent or otherwise breached the duty of care they owed you, you only have a case if you can prove that you were injured and suffered measurable damages. “Damages” is a legal term used to refer to the economic and non-economic losses you suffer as a result of your injuries, including medical expenses, lost income, pain, and suffering.
• Causation: Lastly, to have a personal injury case, you will need to prove that the defendant’s negligent or wrongful conduct was the cause of your injuries. In other words, you must prove that the defendant was at fault for the incident that led to your injuries. Note that, under Louisiana’s rule of pure comparative negligence, you do not need to prove that the defendant was entirely or even mostly at fault to have a claim.

If you can prove each of these elements, you likely have a case. At Doran & Cawthorne, P.L.L.C., our Lafayette personal injury attorneys conduct exhaustive investigations and work alongside an accident reconstructionist, medical professionals, and expert witnesses to obtain a clear picture of what happened and who is to blame. We are prepared to handle every legal detail of your case so that you can focus on healing.

When to File a Personal Injury Lawsuit

The statute of limitations in Louisiana is one year from the date of injury. The statute of limitations is a law which limits how long you have to file a lawsuit. if the statute of limitations expires and you have not taken legal action, the court will almost surely dismiss your case.

Sometimes, when an injury is not immediately discovered, the statute of limitations extends to one year from the date on which the injury was discovered (or reasonably should have been discovered). Other exceptions may also apply, depending on the specific details of your case.

In any case, you should consult an experienced attorney as soon as possible. When you reach out to our team at Doran & Cawthorne, P.L.L.C., we will immediately begin gathering information and evidence in support of your claim. Our attorneys are happy to answer any questions you may have and provide personalized information specific to your case during a free, no-obligation consultation.

How Doran & Cawthorne, P.L.L.C. Can Help

Our Lafayette personal injury lawyers have extensive experience handling a wide range of personal injury and wrongful death claims.

We focus our practice on:

• Car accidents
• Truck accidents
• Motorcycle and other vehicle accidents
• Premises liability
• Product liability

No matter how serious your situation may be, our team is here to help you protect your rights and fight for the best possible outcome. We know that no two cases are exactly alike, which is why we develop innovative and highly personalized legal strategies for every client.

Give us a call at (337) 222-3526 or contact us online to schedule a free consultation with a member of our team today.