You may suffer a personal injury when you least expect it. Your injury can happen when you are on the road driving to work or even when you are walking into a store. You can never control what other people do, and their actions can dramatically affect your life.
Louisiana law entitles you to financial compensation when someone else’s actions have harmed you. Whether they acted carelessly or intentionally, the responsible party is legally obliged to pay you. In most cases, you must go through their insurance company first, which is not easy. The insurance company is a representative of the responsible party, although they act like they are the judge and jury.
At Stewart J. Guss Injury Accident Lawyers, we help clients overcome the barriers placed in their way when seeking financial compensation for their injuries. Contact us today to learn about your legal options and how you may get a settlement check for your injuries. You have every possible reason to get legal help. In almost every case, it can mean more money for you.
We are a national law firm with multiple offices around the country. We also work with affiliate law firms in most states that share our focus and dedication to excellence. No matter where you are located, we may be able to help you, so call or contact us now. We are open, for free, 24 hours a day, seven days a week, at 800-898-4877, or you may contact us now by clicking here to submit your case for review.
- Common Personal Injuries in Kenner
- You Can Receive a Check for Your Personal Injuries
- How You Can Get Compensation for a Personal Injury
- The Role of Negligence in a Personal Injury Case
- Unreasonable or Reckless Conduct Could Mean Compensation
- How to Prove Your Case for Financial Compensation
- What to Do After You Have Suffered a Personal Injury
- Your Legal Options After You Suffer Personal Injuries
- An Attorney Knows How to Dial up the Pressure on an Insurance Company
- How Much Your Personal Injury Case May Be Worth
- Do Not Try to Deal with the Insurance Company on Your Own
- Contact a Kenner Personal Injury Lawyer Today
Common Personal Injuries in Kenner
Personal injuries can happen in many contexts in Kenner and throughout Jefferson Parish. They often happen on I-10, perhaps Louisiana’s most dangerous road. Shopping centers like the Esplanade can injure you.
Unfortunately, other people do not exercise the level of care expected of them when driving or inviting you onto their property. If you have suffered an injury by someone else's actions, you have rights and legal recourse.
Here are some common examples of ways that you can suffer a personal injury:
- Car accidents
- Commercial truck accidents
- Pedestrian accidents
- Product liability injuries
- Rideshare accidents
- Bicycle accidents
- Slip and fall accidents
- Motorcycle accidents
The injuries you suffer can be life-changing, whether the effects are temporary or permanent. While recovering from your injuries, you may need extensive medical treatment and be out of work. You may never fully recover, and you can be dealing with the effects of the accident for the rest of your life.
Whether your injuries will heal with treatment and time or your condition will forever change your life, you deserve justice and compensation for what you experienced. We aim to make you physically, mentally, and financially whole by obtaining the compensation you deserve from liable parties.
Learn more from our Kenner personal injury attorneys as soon as possible.
You Can Receive a Check for Your Personal Injuries
In personal injury law, there is one principle that you need to remember:
When you prove that someone else was to blame for your injuries, they have the legal responsibility to pay for all your damages (not just the easily quantified ones).
How You Can Get Compensation for a Personal Injury
The first question is how to place yourself in a position to receive financial compensation. You must show that a wrongful action caused your injuries. The responsible party might have been reckless, or they may even have acted on purpose.
In most personal injury cases, proving fault is somewhat more complex because you are dealing with a case where the responsible party did nothing on purpose. Instead, they were simply careless. Maybe they were in a hurry, and they cut corners. They might have failed to pay attention. A company may have put profits over people and their safety.
The Role of Negligence in a Personal Injury Case
You must prove that someone was negligent to win your personal injury case. There is a four-part test for negligence, and you must prove each element to win your case.
The elements are:
- Someone else owed you a duty of care (and they can assume a duty of care simply by being in your vicinity on the road)
- That person did something that a reasonable person should not have done under the circumstances
- You suffered an injury
- You would not have suffered an injury had it not been for the actions of the other party
Unreasonable or Reckless Conduct Could Mean Compensation
In many personal injury cases, whether you can receive money comes down to:
- What the responsible party did
- What a reasonable person should have done under the circumstances
To be clear, a reasonable person is different from a perfect person. People make mistakes, and accidents do happen. However, a reasonable person is presumed to take ordinary care. If they are driving, they pay attention to the road and do not text behind the wheel. If they own a property, they will periodically inspect it and fix dangerous conditions as they see them. Companies will sell you products that are reasonably safe for their intended purpose.
How to Prove Your Case for Financial Compensation
The question is how you can prove what someone did. For example, in a slip and fall case, you may need to prove that the property owner knew (or should have known) about the dangerous condition and did nothing about it. In a motor vehicle case, you may need to prove what the other driver did to cause your accident.
You will need evidence that backs up your claims and shows an insurance company or a jury that you deserve money.
Personal injury evidence can include:
- Witness testimony from objective people who saw what happened (this is often the most effective form of evidence)
- Pictures from the scene of your accident
- Corporate records that can show whether a property was inspected or whether a business properly hired an employee
- Video footage of the scene of your accident and what happened
- Testimony from an expert witness who can reconstruct your accident
An experienced personal injury lawyer knows how to gather this evidence. They can be more effective than you in collecting the proof you need to win your case.
Besides gathering evidence, one of the initial things that an attorney will do is determine who you may file a claim against or sue for your injuries. You may even sue multiple defendants if other parties share legal liability for your injuries. In some cases, the person who injured you may have been on the job at the time of your accident. When that happens, you may file a claim against their employer, which is vicariously liable for the actions of their workers.
You might have to juggle multiple claims against multiple insurers. You are in no position to do this, but our legal team is ready to manage all aspects of your injury claim.
What to Do After You Have Suffered a Personal Injury
What you do in the days and weeks following a personal injury can make a difference in your legal case.
- Get medical help as soon as possible to diagnose and treat your injuries. You will need complete documentation of your injury to get the appropriate damages.
- Hire an experienced attorney as soon as possible, so you can take the first steps to begin the legal process. Going without an attorney is a legal risk for you, and it can jeopardize your rights.
Your Legal Options After You Suffer Personal Injuries
You have two options for obtaining compensation in a personal injury case:
- You can file a claim against the responsible party's insurance policy to reach a settlement agreement.
- You can file a lawsuit directly against the responsible party in court (although their insurance company may be representing them in defending against your case)
Either way, most often, you will settle with the other party. How you get there and how much money you get depends on the circumstances and the advice of your lawyer.
If you deal directly with the insurance company, you may be subject to a lengthy and challenging process before you get the money you deserve. The insurance company will do everything it can to keep you from getting full payment for your injuries. They may delay your case or make you very low settlement offers that seem unrealistic.
An Attorney Knows How to Dial up the Pressure on an Insurance Company
When you hire an experienced attorney, they will know the insurance company’s pressure points. Most of all, an insurance company fears litigation because they must pay attorneys to represent them. You can reject an offer that does not pay you what you deserve and return with your numbers. Over time, you may narrow the gap and reach a settlement agreement with the insurance company.
You may have no choice but go to court. Your claim may have been denied outright, or the insurance company does not seem serious about settling the case. When that happens, you get your day in court before the jury, where your lawyer works to prove your case.
However, most personal injury cases will settle before they reach a jury because neither party wants to bear the risks of a trial. How far your case goes depends on your lawyer’s advice and the insurance company’s seriousness.
How Much Your Personal Injury Case May Be Worth
Your personal injury compensation will consist of:
- The complete cost of your medical care (both reimbursing your share and what your health insurance company has paid)
- All the money that you should have earned from work had you not suffered an injury (including the loss of a promotion that you should have earned)
- Your physical and emotional pain and suffering
- The loss of enjoyment of the life that you had before the accident
- Your emotional distress and trauma from your accident
You may recover damages for what you experienced and what you will endure. The challenge is to estimate your damages to file an accurate claim. The insurance company knows what your claim is worth and will try to settle it for less. If you do not see what you deserve, you may accept less compensation without knowing how much you should have received if you got legal help.
Do Not Try to Deal with the Insurance Company on Your Own
Never handle your personal injury claim on your own. The insurance company is your adversary and not your friend, no matter how much they try to give the opposite impression. They will try to undercut you every step of the way. You need a lawyer who knows how to overcome the barriers they try to put in your way. The insurance company may try to delay you, or they may present an alternate version of reality that suits their financial interests.
We have seen all these tricks at Stewart J. Guss Accident Injury Lawyers before and know how to handle them. Our lawyers know how to be tough on behalf of our clients and how to get you the possible compensation for your personal injury. The best part is that you only need to pay us something if you receive compensation for your damages. If you do not win, we do not get legal fees. There is no risk to you in hiring a personal injury attorney.
Contact a Kenner Personal Injury Lawyer Today
Speak with an attorney very shortly after your injury. A family member should contact a lawyer if you cannot. There is too much at stake to leave anything to chance.
The attorneys at Stewart J. Guss Accident Injury Lawyers are standing by and ready to take your case. Insurance companies do not like us, and for a good reason. They always do not like what they fear.
The legal team of Stewart J. Guss Personal Injury Attorneys is nationally recognized for protecting the rights of injured victims for more than 20 years. If an accident injured you in Kenner, call our office right now for a free consultation! Because we take all of our personal injury cases on a contingency fee basis, you will not owe us a dime unless we win your case. We are available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact us now by clicking here.