Find Trusted Legal Assistance For Your Personal Injury Claim
A personal injury lawsuit can occur whenever someone suffers an injury or loss as a result of another's negligence or intentional conduct. To prove legal "negligence" in Louisiana, a plaintiff must show that the defendant:
- Owed them a duty of care,
- Breached that duty,
- And caused them to suffer an injury.
In personal injury cases, the plaintiff must prove negligence via a preponderance of the evidence. This means that the plaintiff’s claim is more likely to be true than not. In fact, plaintiffs must only convince the factfinder that there is a greater than 50% chance their claim is true. Because personal injury suits do not result in jail time, the burden of proof is less strict than in criminal cases, where the prosecution must prove guilt beyond a reasonable doubt. This important difference comes into play most frequently during wrongful death lawsuits and cases of intentional tort.
What is a Personal Injury Lawsuit?
A personal injury case is a legal dispute that begins when an individual suffers harm because of an injury that someone else is legally responsible for. The liable person’s insurance will reimburse for the other’s medical bills, as well as for any pain and suffering endured because of the accident.
A personal injury lawsuit can be created through a personal injury attorney that will also represent you at civil court. There are two types of injury lawsuits, including:
- Formal Lawsuit: Which includes a civil complaint another person, business, or company.
- Informal Settlement: The most common personal injury cases. They are resolved through an informal settlement early in the process. The settlement includes the individuals involved, their insurance companies, and the attorneys. It is a negotiation that concludes with a written agreement.
If you or a loved one have been in an accident and have injuries or suffered through pain, do not hesitate to contact the New Orleans personal injury attorneys at The Voorhies Law Firm. We have experience representing plaintiffs in a variety of personal injury cases. Give us a call today.
Where We Work
The Voorhies Law Firm can handle cases all across Louisiana, including those in Morgan City, Houma, New Orleans, Baton Rouge, Franklin, New Iberia, Lafayette, Youngsville, Milton, Scott, and all other cities and parishes.
Contact Us for the Legal Advice You Need
While we want to give you as much information as possible straightaway, none of the information on our website speak to your specific case. Luckily, our attorneys at The Voorhies Law Firm offer free consultations and can answer any inquiries you may have. We can also help you get through whatever situation you’re facing by helping you file a personal injury lawsuit.
Regardless of where you are or what happened to you, The Voorhies Law Firm is committed and dedicated to seeing your personal injury claim through to resolution.
The Voorhies Law Firm knows that your health is invaluable, and we are committed to recovering the compensation you deserve.
The Voorhies Law Firm provides progressive approaches to handling cases in the following practice areas:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Maritime injuries
- Offshore and oil rig accidents
- Boating accidents
- Aviation accidents
- Bus accidents
- Train and trolly accidents
- Pedestrian accidents
- Mardi Gras accidents
- Catastrophic injury claims
- Product liability
- Premises liability
- Dog bites
- Toxic torts
- Chloroprene claims
- Medical malpractice
- Property damage
- Insurance disputes
- Intentional torts
- Wrongful death
- Hurricane Claims
“I was very satisfied with how my case was handled.”- R. B. Stravinsky
“I would highly recommend The Voorhies Law Firm.”- J. Fitzgerald
“The staff kept me up to date with every situation and always called to let me know how the process was going.”- S. Roland
How much time do I have to file a personal injury claim in Louisiana?
This all depends on the type of personal injury claim you are filing. In most car accident cases, for example, you have one (1) year from the date of the accident to file a claim. This is not a hard and fast rule, though, and there may be exceptions that apply to your particular case. You should contact a personal injury lawyer right away to learn when the statute of limitations expires for your injury.
Can I receive compensation for my auto accident injury?
Louisiana is an at-fault state, which means the driver who caused your accident will be responsible for any damages that accident causes. You should be able to receive compensation through an insurance claim, but there are some situations where insurance alone cannot account for your injuries or losses. This may warrant a personal injury lawsuit.
Should I have uninsured/underinsured motorist (UIM) coverage?
Yes! Many times, personal injury cases involve automobile accidents where the negligent driver is uninsured. Typically, the only option for the injured person is to take the driver to civil court. Unfortunately, many people without car insurance cannot afford an insurance policy, which means they will not have the assets they need to compensate you. With uninsured/underinsured motorist coverage, however, your insurance company will pay damages for any injuries related to your accident.
If I fall on someone else's property and suffer an injury, are they liable for my damages?
Suffering an injury on another's property due to the presence of an unreasonably dangerous condition falls under premises liability law. If you can prove that the property owner knew or should have known about the danger and had the obligation to remove it, they can be held liable for any injury you sustain. Nevertheless, there are certain exceptions to these laws, and you must have been on the property lawfully (i.e. not trespassing) in order to make a claim.