Lafayette Personal Injury Lawyer

Personal Injury Attorney in Lafayette, LA

A Personal Injury suit can come up when someone is harmed, either by accident or through intentional injury, and somebody else may be legally responsible.

The harm occurred can be physical, mental, or even financial. Personal Injury suits are typically resolved in one of two ways: through a formal lawsuit, or through informal, out-of-court negotiations between the parties involved. There is often a time limit for when one person can file a claim against another for personal injury. This is known as the Statute of Limitations. Typically, the deadline to file a claim is 2 years after the injury occurred. However, there are instances in which an injury is not properly identified until years later, in which case the statute of limitations is 1 year after the injury was identified.

For cases where the personal injury suit is due to the breach of a contract, the Statute of Limitations is 4 years for written contracts, and 2 years for oral contracts. For claims against a government agency, the suit must be filed within 6 months (1 year for certain cases) of the incident. For a more in-depth list various offenses and their specific Statute of Limitations, check out the California Court System’s guide.

Types of Damages

The types of damages that can be claimed in a personal injury suit vary widely depending on the individual case. Here is a run down of some common types of damages:

1. Compensation for medical bills accrued due to the injury
2. Pain and suffering
3. Lost wages as a result of the injury
4. Emotional distress
5. Wrongful death

Shared Fault Laws

Shared fault, or comparative fault, is the most common defense to personal injury suits. Shared fault raises the claim that the injured party is in part to blame for the harm occurred, typically through negligence. In the state of California, if shared fault can be identified, the amount of compensation the injured party is entitled to receive may be reduced by the amount that equal to the percentage of fault for the accident.

Dog Attacks – “Strict Liability”

While most states carry a “one-bite rule”, in which the dog’s owner is not held liable for a bite so long as the dog has never bitten or shown aggressive tendencies before, the state of California classifies dog bites under “Strict Liability”. This means that regardless of the dog’s previous behavior, the owner is liable for any injury it might cause.

Types of Injuries

Catastrophic Injuries

Catastrophic injuries can affect many areas of the body. They can occur for a variety of reasons, including car accidents and distracted driving. Catastrophic injuries will keep you out of work, sometimes for life, taking a huge financial toll on you and your family. Attorneys Richard R. Kennedy and Richard R. Kennedy III can help you recover your lost wages, as well as the money needed for your medical bills.

Traumatic Brain Injuries

A traumatic brain injury is usually the result of a hard blow to the head. The resulting damage will not only affect a victim’s physical health. It will also impact his or her cognitive function, critical thinking, and personality. If your loved one is not able to file a lawsuit, a guardian, spouse, or parent can typically do so on his or her behalf.

Burn Injury

Burn injuries can result in severe pain, physical disfigurement, a loss of mobility, and devastating emotional effects. You may also be facing steep medical bills, both for your emergency care and subsequent reconstructive surgery. Our attorneys can help you obtain the money you need for these expenses. We may also be able to acquire funds for pain and suffering, loss of consortium, and other damages.

Spinal Cord Injury

A spinal cord injury can affect the nerves, discs, and vertebrae along any part of your spine. Damage to the spinal cord can cause a significant loss of mobility. You or your loved one may be facing the costs of emergency treatment, rehabilitation, and even long-term care. We will provide the compassionate yet hard-hitting representation you need.

Neck/Back Injury

Neck and back injuries can affect a large portion of your body. Pain may radiate into your shoulders and limbs. You may be unable to work or perform routine tasks. Neck and back injuries are not always apparent immediately after an accident. If you begin to experience unusual symptoms in the wake of an incident, we can fight for your rightful damages.

Wrongful Death

The death of a loved one is always difficult. However, if you lost someone in a wrongful death incident, the emotional burden can be overwhelming. We know that no amount of money will make up for your loss. Nevertheless, we can obtain the money you need for medical and funeral expenses, as well as ongoing support for a spouse or child. Then you can focus on grieving and on the emotional healing process.

Paralysis

Paralysis can be a catastrophic injury that affects the injured party, their family and loved ones. The inability to use and move various limbs such as the hands or legs can mean extensive rehabilitation, medical expenses, and extreme hardship for everyone involved.

Loss of Limb

Losing a limb can impact your ability to perform daily routines and essential job functions, affecting your quality of life. This injury can result from an accident, infection, or medical malpractice. If another’s negligence contributed to your injury, we can secure compensation for your hardship.

Multiple Bone Fractures

Bone fractures are caused by extreme pressure or force of impact, and can result from a car accident, slip and fall incident, workplace accident, or contact sports. Depending upon the location and extent of the fracture, victims may incur significant medical expenses and require ongoing care.

Dog Bites

A dog bite or animal attack of any kind can leave you with both physical and mental scars. Our attorneys can help hold the owner responsible for the incident and grant you the compensation you need for medical care.