Every day, accidents happen in Hammond, from car accidents and truck wrecks to slips and falls and workplace accidents. But what happens when these accidents aren’t your fault? What if someone else’s actions led to your injuries? Do you have to pay for your medical bills or repair your vehicle after such an accident?
In Louisiana, injured victims are protected by laws that require at-fault parties and their insurance companies to compensate them for damages that result from accidents. However, proving fault in an injury claim isn’t straightforward. For one, the defendant and their insurance company will not be open to accepting liability. They will try to fight you every step of the way or even try to pin the blame on you.
For this reason, it’s advisable to seek the counsel of experienced Hammond injury lawyers who can take you through the claims process, making sure you check all the boxes and representing you throughout your case. An attorney in Hammond can make all the difference by providing valuable insights into your case. They will first help you understand the nuances involved with your particular type of injury case, as well as how they can protect your rights.
Accident victims can reach out to our Hammond injury lawyers for representation after sustaining injuries in various personal injury cases that include:
Accidents on dangerous roads in Hammond, such as I-12 or Willie Road, may result from factors such as drunk driving, speeding, or distracted driving. According to the Center for Analytics & Research in Transportation Safety, 36 fatal crashes occurred in Tangipahoa Parish, representing 4.77% of all total fatalities in Louisiana. Thirty-seven road users lost their lives, including 26 drivers, five passengers, five pedestrians, and one cyclist.
These cases in Hammond can involve:
Industrial jobs in Hammond and all over Louisiana are full of hazards. In fact, they are some of the most dangerous jobs out there, with high risks of accidents, injuries, and fatalities. Most employers recognize this fact and take the necessary precautions to avert accidents and injuries. However, not all do.
Whenever negligence or oversight causes industrial accidents, injured victims can seek advice, support, and advocacy from experienced Hammond injury lawyers. These accidents may happen to construction workers, oil and gas workers, warehouse workers, manufacturing workers, and plant operators.
The National Safety Council cites the following as the leading causes of work-related injuries:
It’s important to note that employers have a responsibility to provide conducive and safe working environments for their employees that are free from hazards that may lead to injuries. This includes providing safety equipment, such as eye and ear gear.
If you suffered injuries due to the negligence of your doctor, nurse, or any other medical professional, you may have a case. Medical malpractice cases may involve misdiagnosis, birth injuries, surgical errors, or pharmacy errors. To have a valid case, you must prove that the medical professional’s services fell below accepted standards of care. You typically require expert witness testimony from medical professionals to prove a malpractice case.
If a defective product has caused an injury, an experienced product liability lawyer near Hammond can help. These claims or lawsuits involve faulty products, malfunctioning auto parts, or unsafe consumer goods. An attorney can hold manufacturers, distributors, and retailers accountable.
Injuries that occur on someone’s property, whether due to structural defects or inadequate security, fall under premises liability. Under the attractive nuisance doctrine, premises liability laws protect children injured on others’ properties. Property owners must secure any hazards or objects that attract and risk injuring children, including swimming pools, abandoned cars, and treehouses. You can file a claim to hold the property owner or manager liable for injuries caused by their negligence.
Suffering the sudden loss of a loved one in an accident is devastating. This becomes unbearable when someone else’s negligence or misconduct is the cause. With the help of compassionate Hammond injury lawyers, you can find justice and secure compensation that covers wrongful death benefits.
Proving negligence in a personal injury case is important since it establishes the other party’s liability. Identifying who is liable for your accident and injuries establishes the basis of any personal injury case in Louisiana. Typically, liability depends on the circumstances and may involve multiple parties.
It is advisable to seek legal representation when dealing with the defendant’s attorneys and their insurance company representatives post-accident to guarantee fair treatment and the proper handling of your case. Here are some of the types of evidence our Hammond injury lawyers use to prove negligence and liability in personal injury cases:
This type of evidence plays a vital role in demonstrating the circumstances surrounding your accident. Photos and videos can show hazardous conditions, physical injuries, and property damage at the scene of the accident. This can help to establish the elements that led to the accident and the extent of the damage.
Statements from bystanders provide valuable, impartial insights into how the accident happened and the factors that led to it. Was the driver speeding? Was the cargo unsecured? Witness testimony could shed light on what led to the accident. Witnesses can corroborate your account of events and add credibility to your claim.
Police and accident reports can be useful for auto accidents and other incidents where emergency responders are called to the scene. Such documents generally include the officer’s observations at the location and sometimes a preliminary assessment of who may be at fault. For instance, a police report may include breathalyzer test results at the accident scene that prove the at-fault driver was intoxicated.
When you document your injuries through medical records, your lawyer has evidence that may prove your injuries were a result of the accident. Comprehensive records can link your injuries directly to the accident and demonstrate how the accident affected your health and lifestyle.
In some Hammond personal injury cases, expert testimony is required to clarify how the incident happened or to establish a professional opinion on liability. Medical experts, accident reconstruction specialists, engineers, psychologists, and economists are some of the parties that can offer insights into the causes or effects of the accident.
For you to claim lost wages, employment records and financial records may be necessary. Such records help quantify the economic impact of your accident, including how much income you lost as well as the potential for lost wages in the future. Picture this: If you are a dog walker or an athlete and an accident leads to your amputation or leaves you paralyzed, you may never do such work again. Financial records can back up your claim for compensation to cover your injuries and damages.
Depending on the injury case in Hammond, physical evidence from the accident scene, such as vehicle parts, broken personal items, or damaged clothing, can be important for your claim. Such evidence can support your case, proving how severe the incident was.
Gathering and presenting these pieces of evidence can help build a compelling personal injury case. This process is usually complex and requires thorough attention to detail. Working with experienced Hammond injury lawyers guarantees that all relevant evidence is collected and presented to the defendant’s team or a jury to support your injury claim.
Proving negligence in an injury claim is key to securing compensation in personal injury cases in Hammond, LA. To establish negligence, you must demonstrate several legal elements linking the defendant’s actions to your injury. Here’s a step-by-step guide on how to prove negligence:
First, you must establish that the defendant owed you a lawful duty of care. This means proving they had a responsibility to act in a certain way towards you. For instance, motorists have a duty of care to pay attention to the road and obey speed limits on Hammond roads. The same applies to employers, property owners, and medical professionals.
Once your injury lawyer in Hammond has established that a duty of care exists, you must prove that the at-fault party breached that duty. This generally involves showing that they failed to act as a reasonable person given the circumstances. For instance, did the motorist run a red light? Did your surgeon operate on the wrong site? Did your employer fail to provide safety equipment when working in a hazardous environment such as a mine? Was the motorist texting while driving? All of these actions are considered a breach of duty.
As a plaintiff in an injury case, you must link the defendant’s breach of duty to your injuries. This means showing the at-fault party’s actions or inactions were the cause of your injuries. For instance, if a driver was speeding on the road and hit you, leading to severe bone fractures, their negligent actions could be directly linked to your injuries.
Lastly, you need to prove that you suffered economic and non-economic damages as a result of the defendant’s negligence or recklessness. Damages may include medical bills, lost wages, pain and suffering, loss of companionship, and emotional distress. Keep in mind that without demonstrable damages, you have no claim — regardless of whether your Hammond injury lawyer proves negligence.
In personal injury claims, “damages” refers to the compensation you receive for harm you have suffered due to another party’s negligence, wrongful acts, or misconduct. The purpose of this compensation is to reimburse you for your losses and restore you — as much as possible — to the financial position you would have been in if not for the injury.
The following are the main categories of recoverable damages you may secure in an injury claim:
These are quantifiable financial losses associated with your personal injury. They include:
To recover these damages, you must produce tangible evidence documenting the losses, such as receipts and pay stubs.
These damages are intended to compensate for subjective, non-financial losses that include:
Non-economic damages vary significantly depending on individual circumstances. For instance, it may be impossible for a jury to tell who experiences more pain and suffering when a victim suffers a traumatic brain injury, a spinal cord injury, or third-degree burns. Factors such as the extent and permanence of the injury and the impact on your quality of life determine the amount of compensation you may receive.
While these damages aren’t recoverable in all Hammond injury cases, courts award punitive damages to punish the defendant for egregious wrongdoing and deter similar conduct in the future. Punitive damages aren’t tied to any type of injury you have suffered but rather to the defendant’s behavior.
If you sustained severe injuries in an accident that resulted from someone else’s negligence, you may have options to pursue compensation for damages such as medical expenses, lost wages, and pain and suffering with the help of an experienced Hammond injury lawyer.
At Morris & Dewett, we handle all aspects of your case, from conducting detailed investigations and gathering relevant evidence to dealing with insurance companies and preparing your case for trial — if necessary. We know that the outcome of your case affects your recovery.
Our legal team provides personalized attention, backed by decades of legal experience — since 2001 — and a strong track record. We are committed to advocating for you during this trying time while minimizing your stress.
Call our reliable Hammond injury lawyers today at (844) 629-0256 to schedule a free consultation, or fill out our contact form to get started. We are here to help.
“We focus on being the best at 3 things: preparing hard for our cases, making sure we deliver what clients need, and making sure they are treated well throughout the process.”
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