Donaldsonville Personal Injury Lawyer

Donaldsonville, LA Personal Injury Attorney

Personal injuries can be overwhelming, and the pain and frustration you feel can be made worse when the injury was avoidable if only another party took enough care. A personal injury is very financially straining, leading to lost wages and numerous medical costs. When a company or individual is to blame, you can hold them legally responsible for those costs. A Donaldsonville personal injury lawyer can help you file and manage a claim more efficiently.

Some personal injuries may result in minor property damage and quickly healing wounds. Unfortunately, others can result in catastrophic and life-altering harm. These long-term injuries may require months or more away from work. They might even prevent you from securing gainful employment ever again. These losses deserve compensation, and you deserve the financial stability you need to rest and recover as much as you can.

Personal injuries occur in car accidents, in the workplace, from harmful exposure, and on unkept premises. When you work with a compassionate attorney in Ascension Parish, LA, they know how to calculate the complete cost of your losses and advocate for your right to that coverage.

Defend Your Rights in Ascension Parish With Day Law Group

The attorneys at Day Law Group have years of experience and education in personal injury law, along with a strong conviction for helping individuals and families in our community. We have more than 25 years of collective legal experience, including significant trial experience. Our firm is willing to take the case to trial if we cannot reach a conclusion that is fair for our clients.

We have a strong dedication to our clients and their interests, so we take the time needed to understand what serves your needs. We can determine the compensation you deserve and investigate the incident to determine fault. Our team can advocate for your right to recover your losses. We can help you understand the personal injury claims process and answer your questions along the way. Our firm can make filing a claim easier while ensuring that you understand the status of your claim.

Fault in a Personal Injury Claim

When another person or group is at fault for your injuries and other damages, they are responsible for the costs of those damages. To prove that another party is at fault, you must prove that they acted against their expected duty of care. There are different levels of duty of care. Medical providers are held to a professional standard of duty of care when they agree to care for a patient, while manufacturers and distributors of products are strictly liable to uphold a duty of care for their consumers.

Most personal injury claims are based on negligence. This is the legal theory that a person’s action or failure to act was careless and did not have adequate care for those around them. Personal injury claims can also be based on intentional misconduct, recklessness, malice, and illegal behavior. To prove that an individual or group is at fault, the following facts must be shown with evidence in court:

1. The individual or group owed you a duty of care.
2. The party breached this duty of care through negligent, reckless, or purposeful action or inaction.
3. Their breach of duty directly led to the accident and injury.
4. You faced legal damages, economic and/or noneconomic.

If all these factors can be proven, the other party is liable for all damages. This includes:

• Medical costs
• Lost income
• Future lost earning capacity
• Property damage
• Any applicable noneconomic damages, like pain and suffering

What Is the Statute of Limitations for Personal Injury in Louisiana?

The statute of limitations to file most personal injury claims and wrongful death claims in Louisiana is one year from the date the injury occurs. If the statute of limitations expires on your injury, you lose the right to obtain compensation for your damages. This time limit could be extended in some situations, such as if you did not discover that you were injured and could not reasonably have known that you were until a later date.

If you are unsure whether the statute of limitations has expired on an injury claim, talk with a personal injury attorney as soon as possible. Your case may qualify under the discovery rule. It’s always important to talk to an attorney as soon as possible after an accident for several reasons. In addition to meeting the statute of limitations, it gives your attorney essential time before filing your claim to investigate your accident and determine the at-fault party.

Waiting for several months could cause you to lose important evidence, like eyewitnesses who may be harder to find or unable to recall details or CCTV and other footage that might be deleted or erased. This evidence could be the difference between winning a personal injury claim and not having the evidence to prove fault and liability.

Common Personal Injury Cases Managed by Day Law Group

There are many types of accidents and incidents that result in personal injuries. When you are injured, it is important to find an attorney who has had experience and success in the type of accident you were in or the type of injury you are dealing with. This can benefit your claim, resolve it more quickly, and earn you more compensation.

At Day Law Group, we focus on personal injury claims. We have experience with numerous types of claims, including:

Car Accidents

Car and motor vehicle accidents can have devastating effects on a person. Although some accidents are fender benders or otherwise minor, other accidents can cause catastrophic injuries and death. When you are on the road, you work hard to drive carefully and defensively, but sometimes there is nothing you can do.

As a driver, you owe others on the road a duty of care, and other drivers owe you the same. When drivers are distracted, speed, drive under the influence, or break other traffic laws, they are breaking this reasonable duty of care. If their actions cause an accident, they are held liable as the at-fault driver. In Louisiana, insurance claims are filed against the company of the at-fault driver. In some accidents, this amount covers the losses and bills. However, many accidents have higher damages.

When an insurance claim does not cover the costs of a car accident, you may file with your own provider or file a personal injury claim. It may also be necessary to file a personal injury claim if there is no driver who is at fault for the accident, and it was caused by a defective car part or other third-party liability.

Truck Accidents

Truck accident claims are often much more complicated than other motor vehicle claims for several reasons.

A truck accident results in significantly more damage, especially when a commercial truck collides with a passenger car. The higher cost of damages means that a settlement amount needs to be higher, which can be harder to negotiate.

A truck accident can also be the fault of several parties. If the truck driver is at fault, they or their employer may be liable. The trucking company can also be at fault for overscheduling drivers or failing to complete maintenance on their trucks. Shipping companies can be liable for overloading or improperly loading a truck trailer. It can be difficult to determine fault in a truck accident due to the many parties involved.

These accidents also frequently involve a trucking company’s legal and insurance team, along with their significant resources. You want an attorney by your side when dealing with these entities.

Motorcycle Accidents

Motorcycle accidents often cause severe injuries to bikers, and they are frequently fatal. It is most often the fault of another driver for failing to take care near motorcyclists. Bikers who have been injured due to driver negligence deserve compensation for their injuries.

Maritime Accidents and the Jones Act

There are several dangerous maritime industry jobs, particularly those on offshore oil and drilling rigs. These worksites frequently see chemical spills and fires, electrical fires, dangerous substance exposure, and explosions. Employers are responsible for safe workplaces as well as providing adequate protection and training for their employees in dangerous settings.

When you have been injured as an offshore employee, you may have options besides workers’ compensation. The Jones Act offers more employee protections and types of compensation for maritime and offshore workers. It’s essential that you work with an attorney with relevant experience, or you may not obtain the maximum compensation you deserve.

Mesothelioma and Asbestos Exposure

Mesothelioma cancer is found in the lining of the lungs, heart, and other internal organs, and it is caused by long-term inhaling or ingesting of asbestos. Asbestos is known to be dangerous, but it can still be found in old products and buildings. Those who are at potential risk for asbestos exposure and mesothelioma include:

• Those who worked in construction for decades
• Workers who engage in the demolition and maintenance of old buildings
• People employed in shipyards and on old ships

Wrongful Death

Wrongful death claims occur when someone is killed due to another party’s negligence, or they are injured and then later die from their injuries. This claim can be filed by surviving family members in place of the personal injury claim that the person cannot file. This claim can recover:

• Any medical costs from when your loved one was injured
• Funeral costs
• Burial costs
• The loss of income for your family

Premises Liability

Property owners have a responsibility to keep safe premises and respond to any hazards in a reasonable amount of time, either by fixing the danger or providing clear warnings. This includes both public property owners and private property owners.

Hazards on premises include:

• Low lighting
• Uneven or broken ground and stairs
• Broken or no handrails
• Electrical hazards
• Spills

Falls or trips can cause broken bones, concussions, traumatic brain injuries, and other injuries. If you are legally on the property owner’s premises and are injured because of a hazard, you can file a personal injury claim against them.

Defective Drugs

When drugs are not stored, made, or tested properly, they can harm consumers. When you consume defective drugs, you may face developmental illnesses or other injuries. Manufacturers and distributors have a legal responsibility to ensure the safety of their products. They may have failed to test the drug, failed to warn those with certain conditions, or used unsuitable materials to manufacture the drug. An attorney can help you hold these companies liable for their failures.

Workers’ Compensation

If you are injured while you are at work or on the clock, you can file with your employer’s workers’ compensation insurance. Most employers in Louisiana are required to carry workers’ compensation insurance, and it provides protections for both employers and employees. Employees are provided with medical bill coverage and the ability to recover a portion of their lost wages. Employers are protected from personal liability when their workplace is unsafe.

Any workplace can have dangers, although some workplaces have a much higher risk for catastrophic and fatal injuries. When there are hazards, employers must do what they can to keep employees safe.

Workers’ compensation claims do not require you to prove fault. It often does not matter if another employee or your employer was negligent. You only have to prove that you suffered damages while at work, though you may need to prove that you did not suffer an injury intentionally.

In most cases, filing a workers’ compensation claim is straightforward. Unfortunately, bad-faith insurance companies or even employers may try to deny your claim. It can be useful to work with an attorney to protect your rights.

Why Do I Need an Attorney for a Personal Injury Claim?

You are not legally required to have legal representation to file a personal injury claim. However, your claim is more likely to be successful and obtain maximum compensation when you have a legal professional at your side.

• Legal Knowledge: An attorney has significant knowledge of state and local laws surrounding personal injury claims and knows how they may apply to your case. Attorneys with experience know the common methods for investigating and preparing a successful claim. When you file a claim with an attorney, it can be stronger and less likely to be held up due to minor mistakes.
• Calculate the Damages: An attorney can review your accident to determine the complete cost of your losses, both financial and nonfinancial. An experienced attorney knows the likely damages available to you, so they can be better equipped to determine the future costs of lost wages and medical complications. They can also maximize the settlement amount through noneconomic damages while ensuring that the amount fairly compensates the harm you suffered. You are likely to overlook or be unsure how to calculate these damages when you manage a claim yourself.
• Proving Fault: Your personal injury attorney can investigate the accident or incident and determine the at-fault party. If the other party claims you were at fault, an attorney can determine if there is evidence to prove them wrong or limit the percentage of fault you are assigned in the final case.
• Negotiate Your Claim: Many personal injury claims are negotiated against insurance companies or other attorneys. It is much easier to navigate these negotiations when there is a professional handling them in your stead. You can feel confident that your attorney is advocating for your interests and for a fair level of compensation.
• Provide Support: It is not easy to recover from a severe personal injury. Having the support and guidance of a legal professional can be incredibly helpful in both a legal and emotional sense. You know that your attorney can keep you updated on important information, allowing you to rest and take the time you need to recover.
• Bring the Claim to Court: Although many personal injury claims are settled outside of court, it may be necessary to litigate the claim if the insurance company is refusing to provide you with the compensation you deserve. Litigation can be scary, but your attorney can continue to guide you through the process while showing the court why you deserve coverage for your damages.

At Day Law Group, we want to be the strong and compassionate legal advocates you need to get the ideal outcome in a claim.

What Percentage Do Most Personal Injury Lawyers Take?

When you hire a personal injury attorney for a personal injury case, they do not typically charge an upfront or hourly cost. Instead, a personal injury attorney charges on a contingency fee basis, meaning that they take a percentage of the final settlement, and only if they win your case. After a personal injury, you have many costs that you are trying to cover, and this structure enables you to avoid worrying about attorney costs.

An attorney’s award percentage for personal injury claims in Ascension Parish may be between 25 to 40% of the final settlement, depending on whether the claim went to court and how complex it was. When you begin working with an attorney, always discuss potential fees and costs to ensure that you can work with them throughout the entire case.

Protect Your Interests With a Personal Injury Attorney

The legal team at Day Law Group wants to help you through the difficult time following a personal injury or the loss of a loved one. We know that while financial compensation will not make up for the harm you have suffered, it provides you with much-needed time to recover or adjust to a new way of living. Contact our team to see how we can advocate for you.