Even in a quaint little town like Lacombe, accidents can happen at any time. All it takes is a moment of negligence or recklessness on someone’s part to cause an accident that can result in serious injuries.
If you have been injured as a result of another person or entity’s negligence, you have the legal right to bring a tort claim against them and recover damages. At Trainor Law Firm, we have extensive experience in handling personal injury claims and have helped numerous injury victims across Louisiana get the compensation they deserve.
Get in touch with us today to discuss your case with one of our experienced Lacombe, LA personal injury lawyers.
Types of Personal Injury Claims We Can Handle
At Trainor Law Firm, we have extensive experience in handling the following types of personal injury claims, among others.
- Auto accident claims
- Commercial truck accident claims
- Motorcycle accident claims
- Pedestrian accident claims
- Oilfield injury claims
- Premises liability claims
- Wrongful death claims
Legal Elements to Prove in a Personal Injury Claim in Lacombe, LA
As the plaintiff in a personal injury claim, you are required to establish the following elements in order to recover compensation from the at-fault party.
Duty of Care
The first element to be proved is that the at-fault party in question owed you a duty of care.
Breach of Duty
The second element to be proved is that the at-fault party breached or violated their duty of care towards you. The breach of duty could be the result of the at-fault party doing something they should not have done or not doing something they should have done.
The third element to be proved is that the at-fault party’s violation of duty caused the accident in which you were injured.
The fourth and final element to be proved is that you suffered damages in the accident.
Time Limit for Filing a Personal Injury Claim in Lacombe, LA
Under Louisiana law, the time limit for filing an injury claim – commonly referred to as the statute of limitations – is set at one year. It is much shorter compared to the statute of limitations in most other states – which can range anywhere from two years to six years.
The one-year deadline starts right from the date on which the accident occurred. If you miss the deadline, you might permanently lose your right to recover compensation from the at-fault party.
Exceptions to Personal Injury Statute of Limitations in Louisiana
There are a few circumstances under which the statute of limitations for a personal injury claim can be extended. These include:
- If you were a minor at the time of the accident, the deadline starts only from the day on which you turn 18.
- If you bring a claim against the at-fault party within the deadline and then find out that another party was also responsible for the accident, you can bring a claim against the second at-fault party even if the deadline has passed.
- If your injuries or the health problems caused by the accident were not immediately apparent, the deadline for filing the claim usually starts only from the date on which you discovered the issue. It is called the discovery rule, which is commonly applied to injury claims stemming from exposure to toxic chemicals and medical malpractice.
- If you were mentally incompetent at the time of the accident, the deadline for filing the claim starts only from the date on which you are declared mentally competent.
- If the at-fault party moves to a different city or state before you can file a claim, the deadline usually starts only from the date on which you file the claim.
Personal injury statute of limitations can be too complex to understand for the average person. It is important to hire a skilled Lacombe personal injury lawyer as soon as you can after the accident so that you can file the claim in a timely manner and protect your right to recover compensation from the at-fault party.
Settlement vs. Litigation to Recover Maximum Compensation for Your Personal Injury Claim in Lacombe, LA
A vast majority of injury claims filed in civil courts across Louisiana are settled through negotiation. The parties involved tend to avoid litigation, as it can be time-consuming and expensive.
Still, it is extremely important for you to have a personal injury lawyer with trial experience on your side during settlement negotiations. It’s because a lawyer without trial experience cannot afford to negotiate aggressively with the insurance company. Since they do not have any litigation experience or lack the resources to go to trial will full preparation, the defendant’s insurance company is not likely to come under pressure to make a fair settlement with you.
On the other hand, a trial lawyer can afford to adopt a firm and confident approach during negotiations and demand full and fair compensation from the insurance company. If the insurance company fails to make a reasonable offer, your lawyer can choose to take your case to trial and recover the damages you are owed.
In many cases, simply being represented by a formidable trial lawyer with a proven track record of recovering damages through litigation makes the defendants agree quickly to a fair settlement out of court. Trial preparedness gives you tremendous leverage over the at-fault party’s insurance company and increases your chances of recovering the compensation you deserve.
Contact Our Reputable Lacombe, LA Personal Injury Lawyers
An unexpected injury can turn your whole life upside down and take a heavy toll on you physically, emotionally, and financially. When you are trying to recover from an injury, you do not have to deal with the stress of an injury claim. The skilled and compassionate Lacombe personal injury attorneys at Trainor Law Firm can take care of it for you.
Our founder – Brian F. Trainor – is a former prosecutor with countless hours of courtroom experience. Brian uses his legal skills and knowledge to help personal injury victims get the compensation they are legally entitled to.
We work on a contingency basis, which means we get paid only if you get compensated. Call us today at 985-900-2250 or get in touch with us online to schedule a free consultation with a member of our legal team.