Trusted Personal Injury Negligence Attorneys Championing Your Legal Rights
The vast majority of accidents that personal injury law firms take on are caused by negligence. If you or a loved one was injured due to another party’s carelessness, recklessness, or otherwise negligent behavior, you deserve to know about your legal rights and how to proceed.
Our team at Hammond Law Firm LLC can help you by providing the counsel and support you deserve. We encourage you to contact our firm for a complete overview and to discuss your case with an accomplished and experienced New Orleans general negligence attorney. All consultations are completely free of charge.
Contact Hammond Law Firm LLC for a complete case review at no obligation. We can be reached online and over the weekends. Our attorneys can answer your questions and tell you more about your situation so you can decide what to do next.
What Is Negligence in Louisiana Law?
The legal definition of negligence is the failure to exercise a reasonable standard of care toward another individual or acting in a way that would be inconsistent with the actions of a reasonable person. Assault, sexual abuse, trespassing, and vandalism are not examples of negligence.
These actions constitute “intentional torts” or crimes. However, in some cases, negligent actions can also constitute criminal behavior—for example, driving recklessly.
So, what is negligence? Louisiana’s negligence law, which can be found in Civil Code Article 2315 (A), states: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Negligence may look like ignoring safety precautions, letting the mind wander while driving, or refusing to repair a hazard in a public place.
If any of these conditions lead to bodily injury, property damage, or other losses, the victim can sue the at-fault party for damages.
Common forms of negligent injury can result from:
- Unsafe premises leading to slip and fall accidents
- Negligent operation of motor vehicles leading to car accidents
- Inadequate security measures resulting in personal harm or property damage
- Medical mistakes causing wrongful deaths or permanent disabilities
Understanding how different types of negligence can lead to a personal injury claim can be difficult. Our experienced attorneys will help you gather the necessary evidence and build a strong legal strategy tailored to your unique circumstances.
Contact us today, or visit us online to schedule a free consultation with our team of dedicated attorneys. Let us fight for you and secure justice on your behalf!
How Does Personal Injury Negligence Occur?
Various types of negligence cases can arise in different situations. Some common categories include:
- Motor Vehicle Accidents: Negligence by drivers, such as speeding, distracted driving, or drunk driving, leading to accidents and injuries.
- Premises Liability: Negligence by property owners or occupiers, such as failure to maintain safe premises, leading to slip-and-falls or other injuries.
- Medical Malpractice: Negligence by healthcare professionals, such as errors in diagnosis, treatment, or surgical procedures, causing harm to patients.
- Product Liability: Negligence by manufacturers or sellers of defective products, resulting in injuries or harm to consumers.
- Workplace Accidents: Negligence by employers or co-workers, such as failure to provide a safe working environment or inadequate training, leading to workplace injuries.
- Nursing Home Negligence: Negligence in the care provided by nursing homes or caregivers, resulting in harm or neglect of elderly residents.
These are just a few examples; negligence cases can encompass many circumstances. It’s important to consult with a knowledgeable attorney adept in personal injury law to evaluate the specifics of your case.
When Does Negligence Involve Intentional Wrongdoing?
In addition to negligence, intentional wrongdoing is another type of personal injury claim in Louisiana. These are acts committed with the purpose of causing harm and can include assault, battery, false imprisonment, and other intentional torts.
While negligent injuries usually result in compensation for economic damages such as lost earnings & medical expenses, comparatively intentional wrongful acts also allow for compensation for non-economic damages such as physical & emotional pain and suffering.
Contact us today for a confidential consultation on your personal injury negligence case, or complete our online form for more information.
Are You Seeking Justice for a Negligent Injury in New Orleans?
Imagine this: You’ve embarked on an exciting journey to vibrant New Orleans during the exhilarating atmosphere of one of its famed festivals. Amidst the joyful revelry, an unfortunate incident occurs—a personal injury negligence that disrupts the joyous occasion and impacts your life in unexpected ways.
In times like these, you need more than just legal representation; you need a dedicated advocate who understands the unique nuances of Louisiana civil law.
- Comparative Fault: Louisiana follows a comparative fault system, which means the injured party’s own negligence may impact their ability to recover damages.
- Statute of Limitations: Louisiana has a one-year time limit to file a personal injury lawsuit.
- Collateral Source Rule: Louisiana allows injured parties to seek compensation even if they’ve received benefits from other sources.
- Damage Caps: Louisiana imposes limits on the amount of damages awarded, particularly for non-economic damages stemming from medical malpractice negligence.
- Strict Liability: Louisiana recognizes strict liability in certain cases, holding defendants accountable for injuries without proving negligence.
It’s crucial to consult with a Louisiana personal injury attorney to navigate these nuances and protect your rights effectively. They will provide personalized guidance based on your case’s specifics.
Don’t navigate the legal complexities alone if you or a loved one has experienced a personal injury due to negligence during a lively New Orleans visit.
Contact us today for a confidential consultation and legal guidance.
Do You Have a Negligent Injury Case in Louisiana?
In order to prove that you are entitled to damages based on another individual’s negligent behavior, you must be able to demonstrate that:
- The allegedly negligent party had a duty of care toward the injured party
- The defendant acted or failed to act in a negligent way
- The negligence directly caused the damages sustained by the plaintiff
It can be confusing to determine whether or not you have a case. Our firm can quickly explain your options, examine what happened, and help you understand where to go from here. Hammond Law Firm LLC is dedicated to supporting and fighting for injury victims who have been hurt by negligence in Louisiana.
Contact our New Orleans personal injury negligence lawyers today to get started with a free case review.
How Is Negligent Injury Liability Determined?
In Louisiana, determining liability involves applying the comparative fault principle and examining several factors. Here’s an overview of the process:
- Comparative Fault: Louisiana follows a comparative fault system, meaning liability can be divided among multiple parties based on their percentage of fault as long as the injured party’s fault is less than 50%.
- Duty of Care: That to prevent harm to others, the defendant had a duty to exercise reasonable care, is needed to be established.
- Breach of Duty: It needs to be ascertained that the defendant failed to fulfill their duty of care by acting negligently or not taking reasonable precautions.
- Causation: There needs to be a direct link of events between the defendant’s breach of duty & the injuries suffered by the plaintiff.
- Damages: The plaintiff must show proof of the damages incurred due to the injury, such as loss of employment, medical expenses, lost earnings, and pain and suffering.
Seeking the guidance of a locally reputed personal injury attorney is essential to helming the complexities of determining liability in negligence cases in Louisiana.
Contact us for more legal clarity in establishing your case.
Why Your Negligent Injury Claim Might Be Invalid?
While negligence law in Louisiana covers a wide range of scenarios, certain instances may not apply or provide the basis for legal recourse. It’s important to understand these limitations to understand your rights clearly.
Here are a few examples of situations that may not be covered under negligence:
· Intentional acts:
Negligence law generally focuses on unintentional acts or omissions that result in harm. If someone intentionally causes harm or injury, it may fall under a different category of law, such as assault, battery, or intentional torts.
· Assumption of risk:
If you willingly engage in an activity with full knowledge of its risks and potential for harm, you may assume the risk associated with that activity. In such cases, negligence claims may be barred or limited.
· Government immunity:
Government entities or public officials may be immune from personal injury negligence claims in certain circumstances. There are specific rules and limitations regarding when and how claims can be brought against government entities, so it’s essential to consult with an attorney to understand your options.
· Workers’ compensation:
Workplace injuries are typically covered under workers’ compensation laws, which provide benefits to employees injured on the job. In these cases, negligence claims against the employer may be limited by the exclusive remedy provisions of workers’ compensation laws.
It’s important to consult with an experienced attorney to evaluate the specific details of your case and determine the applicability of negligence law. They can provide tailored guidance & help you understand your legal rights and options.
Insights from Skilled New Orleans Negligent Injury Lawyers
Frequently Asked Questions
Q: Can I file a negligence claim against a government entity in Louisiana?
A: It is possible to file such a claim against a government entity in Louisiana. However, there are specific procedures and limitations when suing a government entity, so it’s crucial to consult an attorney familiar with these laws.
Q: Can I settle my negligence case out of court?
A: Many negligence cases are resolved through settlement negotiations outside court. However, whether to settle or proceed to trial depends on various factors, including the strength of your case and the willingness of the parties to reach a fair agreement.
Q: Can I pursue a negligent claim on behalf of a deceased family member?
A: In Louisiana, certain family members may have the right to pursue a wrongful death claim on behalf of a deceased loved one in cases involving negligence resulting in death. Consulting with a lawyer will help you understand the eligibility and process for such claims.
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Why Do You Need a Negligence Lawyer in New Orleans?
At Hammond Law Firm LLC, we take a comprehensive approach to our negligence cases – from the initial consultation to settlement negotiations. We will work with you & ensure your rights are protected throughout the case proceedings.
1. Legal Background:
A general negligence lawyer understands personal injury law and can handle the complexities of such cases. They can navigate the legal process, protect your rights, and improve your chances of fair compensation.
2. Case Evaluation:
A lawyer can assess your case, gather evidence, and determine the strength of your claim. They can evaluate potential damages and the likelihood of a successful outcome.
3. Negotiations:
As skilled negotiators, negligence lawyers can handle discussions with insurance companies and other parties involved. They work to secure a fair settlement that covers your medical expenses, lost wages, and other damages.
4. Trial Representation:
If your case goes to trial, a lawyer can build a strong strategy, present arguments, and manage courtroom complexities to fight for your rights and seek a favorable verdict.
5. Knowledge of Louisiana Law:
Negligence laws in Louisiana have specific requirements & many nuances to consider. Hiring a local lawyer ensures they are well-versed in state laws, regulations, and precedents, optimizing your case’s handling.
6. Peace of Mind:
With a lawyer handling your legal matters, you can focus on your recovery while knowing that a professional is advocating for your interests.
Consulting with a personal injury negligence lawyer will help you understand the viability of your claim and the potential benefits of seeking legal representation.
Contact Our Experienced Negligent Injury Lawyers Today!
Seek Legal Representation & Guidance for A Restitutive Negligence Outcome
If you or someone you love has been injured due to another person’s negligence, don’t hesitate to contact us at Hammond Law Firm LLC for assistance. Our compassionate attorneys can guide you through the entire legal process and help ensure your rights are respected, and your best interests are upheld.
We look forward to fighting for your rights and helping you gain justice, fair compensation, and the closure you deserve.
Contact us today for a free initial consultation and a case review.
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