When you have incurred an injury, you may find you need to consider legal options, especially if you are seriously injured in a slip and fall accident on a residential or commercial property. Seeking guidance is acutely critical in instances where the accident resulted from the property owner’s negligence.
Should you decide to file a slip and fall lawsuit, you should be familiar with the rules and regulations that can affect your claim. A skilled Lake Charles Louisiana slip and fall lawyer can help you understand the nuances of these laws and help you build a solid claim.
The Prescriptive Period for filing a Slip and Fall lawsuit
Lawsuits for an injury in Lake Charles need to be filed within a year of the accident. The prescriptive period also includes claims for property damage or an injury filed by any person involved in a slip and fall on a dangerous property. If an injury lawsuit is not filed before the deadline, the court may disallow the case even if the injury case is valid.
Even when you believe the at-fault driver’s insurance will pay the claim, you should allow enough time to initiate a lawsuit on the off-chance you are unable to reach a settlement. Consulting a Lake Charles Louisiana slip and fall lawyer can prove helpful when faced with a filing deadline.
Comparative Negligence Rule in Lake Charles
When a victim has been found partially negligent or contributed to the accident in any way, Louisiana’s comparative negligence rule will assign a percentage of negligence that will affect the amount of compensation a victim is eligible to receive. Louisiana Civil Code - Article 2323 defines this rule.
The central portion of this statute states that if an individual sustains an injury, loss, or death owing partly to their personal negligence and partially due to the fault of another person or persons, the total of damages recoverable will be reduced proportionately to the degree or percentage of negligence ascribable to the individual who sustained the injury, loss or death.
When a slip and fall injury case goes to trial in Louisiana, according to Article 2323, the jury or the court will first determine the amount of losses sustained by the victim (such as lost income and medical expenses). After the dollar amount is determined, the attributable negligence of each party will be defined as a percentage. After the award has been determined the injured plaintiff’s percentage of negligence will be subtracted from the award. This means an at-fault plaintiff can recover compensation for their injuries but reduced in proportion to their at-fault percentage.
Confused by the idea a plaintiff can be partially at-fault? Below are a few ways the property owner can argue their case:
Get in Touch with a Lake Charles Slip and Fall Attorney Today
Slip and fall claims can be challenging to navigate due to Louisiana’s Comparative Negligence clause and the relatively short prescriptive period. If you were injured in a slip and fall due to a Lake Charles residential or commercial property owner’s negligence, you may have a claim for compensation even if you were partially at-fault.
Building a strong case against the property owner is essential when seeking compensation for your injuries. If your serious injuries require compensation, consider consulting with an experienced Lake Charles slip and fall attorney to learn how to build a strong slip and fall claim.
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You may be surprised to learn that every year the U.S has more than 6 million car accidents. While not every accident is severe, in 2018, 768 of them lead to fatal injuries in Louisiana. In most cases, accident victims come out with minor injuries, while for others, the car accident confines them to their bed for prolonged periods.
If another is responsible for your car accident, then you are entitled to receive compensation for both physical and financial loss that you have suffered. But you may find negotiating an appropriate settlement on your insurance claim difficult, why not consult with a car wreck lawyer in Baton Rouge. Most personal injury attorneys work on a contingency basis, which means they don't get paid unless they recover compensation for their clients.
Below we will look at common mistakes that can affect your car accident claim.
Relying on your Insurance advisor
If you take the time to read your auto insurance policy statement, you will realize within a couple of lines that insurance jargon can be difficult to understand. Not understanding their insurance policy, many people come to rely on their insurance adjustor to compensate them for their accident fairly. Keep in mind, an insurance advisor will only share the information mandated by state law and then again, only if you ask them the correct questions. Instead of relying on an insurance advisor, whose job it is to minimize their company’s exposure, consider discussing your case with a car wreck attorney in Baton Rouge for the advice and guidance you deserve.
Agreeing on a quick settlement.
There may be a situation when you are seriously injured in a car accident that leads to soaring medical bills. The insurance companies are well aware of your current situation and are familiar with the stress of financial insecurity involved. Often, an insurance company will try to rush you into a settlement, which is generally less than the amount you will need to be fully compensated. If you find your insurance company is pushing you to agree on a settlement, we suggest you hold off until you have an opportunity to speak with a car accident attorney in Baton Rouge. An experienced attorney can help you understand the correct value of your accident based on current injuries, recovery time, and your potential future medical needs.
Not calling law enforcement.
In order to prove that the other party involved in the accident was guilty, you will need several sources of evidence. The evidence will help to strengthen your case in the court, and one critical piece of evidence is the accident report. Many think that involving the authorities in an accident can lead to additional trouble. Still, you should know that to prove fault and obtain appropriate compensation, you should call the authorities. The accident report will contain detailed statements about the accident, and it will be used as a substantial piece of evidence by your lawyer.
Waiting too long
The moments and possibly weeks after a car accident can be confusing, painful and disorienting; they shouldn’t be financially crippling as well. While you might not be in a position to worry about the details of the accident, someone should act on your behalf. You or a loved one should consider hiring an attorney at your earliest convenience. Every state and insurance company has a time frame for filing an accident claim if you allow that time to elapse, you can lose the right to compensation.
Avoiding the mistakes listed above and choosing an experienced car accident attorney can increase your chances of obtaining appropriate compensation.
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