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.
Injury Attorneys Lake Charles La, Lake Charles Injury Attorneys, Injury Lawyers Lake Charles La, Lake Charles Injury Lawyers, Slip and Fall Lawyer Lake Charles La, Lake Charles Slip and Fall Lawyer
Areas of Practice
© COPYRIGHT 2019. ALL RIGHTS RESERVED.