Even the most careful person in the world cannot avoid every accident. After all, we have no control over the actions of others. Often, individuals act with negligence or recklessness that leads to an accident injuring others. In these instances, you can hold those individuals or businesses accountable for the personal injuries you sustain. A Louisiana and Mississippi personal injury lawyer can help you.
Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.: New Orleans Personal Injury Attorneys
When you are involved in an accident, you can face mounting medical bills, lost wages, physical pain and suffering, mental anguish, loss of quality of life, and so much more.
Fortunately, the personal injury attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. are here to ensure you are able to recover the damages you are owed to assist you and your loved ones in moving forward. Our team has more than 150 combined years of experience over a wide array of practice areas, providing us with the knowledge and insight necessary to confidently and successfully navigate you through the legal process.
When someone else is to blame for your injuries, you shouldn’t have to bear the cost of the injury and other financial losses. A civil personal injury claim or an insurance claim can recover your financial losses, giving you and your family some sense of stability during this tumultuous time. By working with our attorneys, you can feel confident that your claim is well-handled. We can investigate your accident and calculate your damages, creating the strongest claim we can.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
Different Types of Personal Injury Cases
Personal injuries can occur under many different circumstances, each leading to physical, financial, emotional, and mental burdens. Some of the most common types of personal injury claims are:
- Medical malpractice: Personal injuries from medical malpractice can result from errors during surgery, failure to diagnose, misdiagnosis, pharmaceutical errors, and other instances of medical negligence. Medical providers are upheld to a professional standard, and claims require significant documentation and evidence. This can be difficult, but the support of an attorney can help significantly.
- Motor vehicle accidents: Car collisions are one of the most common causes of personal injury. Typically, they are settled through insurance companies, but this does not make a personal injury attorney any less valuable. The process of filing an insurance claim is much easier with the support of an attorney, who can gather evidence, negotiate with the insurer, and secure you the ideal outcome of an auto insurance claim.
- Boating and maritime accidents: These accidents can occur when individuals are enjoying leisure time boating or to employees on offshore rigs, ships, and oil yards. Boat operators can be negligent in many ways, similar to drivers, such as by being under the influence or failing to perform maintenance on their boats.
Maritime employees work in several high-risk locations, and workplace accidents can involve dangerous chemicals, explosions, and fires. These injuries may be handled through a workers’ compensation claim, a Jones Act claim, or a civil personal injury claim. An attorney can help review your options.
- Railroad injuries: Railroad accidents can occur to those on trains and those working on the railroad itself, and can even involve those in motor vehicles near the railroad. The injuries that result can be devastating and deadly. Employees may have options through workers’ compensation or through personal injury claims, depending on the cause and circumstances of the accident.
- Aviation accidents: Accidents involving aircraft can be very dangerous and can be the fault of numerous parties. This can include maintenance crews, those operating the aircraft, and the companies responsible for their aircraft and employees. If you or a loved one was injured or killed in an aviation accident that was someone else’s fault, you may be able to hold that party liable.
- Premises liability: Property owners must keep their premises reasonably free of hazards. If they do not do this, and someone is injured on their property, they could be liable. This includes both public and private property owners.
- Product liability: The manufacturers, designers, and distributors of products have a responsibility to create safe products. If a defective or unreasonably safe product causes an injury, the injured party can hold these parties liable. This may include injuries from products like tools, vehicles, pharmaceutical drugs, medical devices, children’s toys, food products, and household appliances.
- Toxic exposure/environmental hazard: Chemical and hazardous exposure can occur in dangerous workplaces and in certain old buildings. If you were exposed because a property owner or employer failed to take proper precautions or provide a warning, you may have a claim.
- Sexual abuse: Instances of sexual assault and abuse can result in criminal charges, which are handled by local prosecutors, as well as a civil claim for money damages, which we at Gainsburgh Benjamin can assist with. The civil claim could recover the financial and emotional losses the individual suffered.
- 18-wheeler accidents: Accidents between 18-wheelers and passenger cars can have devastating consequences for those in passenger cars, often resulting in catastrophic or fatal injuries.
- DWI/DUI car accidents: When someone operates their car under the influence and injures another person, they can face criminal charges and civil liability. If a drunk driver injures you while driving under the influence, you may be able to recover damages against the driver and its insurer.
- Construction accidents: Construction injuries can occur to both employees and passersby and can result in severe injuries. A personal injury or workers’ compensation claim may be able to recover the costs of these accidents.
- Motorcycle accidents: These accidents are very dangerous to motorcyclists and often cause debilitating injuries or death.
When you suffer a personal injury because of another person’s negligence, criminal actions, or misconduct, it is important that your personal injury attorney has the relevant experience. These different types of personal injury claims may need to be investigated differently, and there may be unique common types of injuries. When your personal injury attorney has prior experience, this removes a lot of guesswork and can make your case reach a successful conclusion more efficiently.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
FAQs:
Personal injury lawyers in Louisiana typically work on a percentage of the final settlement, although this percentage varies significantly. This contingency fee basis means that injured individuals do not have to worry about upfront attorney fees. Instead, an attorney is only paid if they reach a successful settlement or obtain a judgment. The percentage an attorney is paid is discussed upfront and must be put in writing. It may be adjusted based on the following factors:
- Is complicated
- Requires significant resources
- Is expected to take a long time to resolve
- Is expected to go to litigation
The amount of time a personal injury lawsuit takes in Louisiana depends on the factors unique to a claim and the legal support for that claim. Your personal injury claim may be resolved quicker if you work with an attorney and your attorney has uncovered significant supportive evidence. The claim may take longer if:
- It enters litigation
- Your injuries are serious and treatment is long-lasting
- There is insufficient evidence supporting fault and damages in the accident
- The insurance provider is not willing to negotiate or provide a fair settlement
- The court’s schedule is busy
The prescriptive period, also known as the statute of limitations, on a personal injury action in Louisiana is a set deadline for filing a civil injury claim. If you do not file your civil claim by then, you will lose the right to recover your damages. It’s important to find a dedicated attorney soon after sustaining an injury that was someone else’s fault because the countdown to the deadline typically begins when the accident or injury occurs. The sooner you work with an attorney, the more time they will have to build a stronger claim.
Personal injury damages in Louisiana include compensatory damages and general damages. Compensatory damages pay the injured party for a quantifiable loss. These damages include economic damages, such as:
- Medical expenses
- Loss of income
- Loss of future income
- Property damage costs
- Other expenses directly related to the accident
General damages include losses like pain and suffering, emotional distress, and loss of consortium. These types of damages are not always easy to quantify, and calculating these damages is much easier with the help of an attorney.
Finding the Right Personal Injury Attorneys
At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we understand the challenges that victims of personal injuries face following their accidents. These accidents not only lead to personal injuries but can also cause financial instability, emotional turmoil, and so much more.
Our personal injury attorneys are here to help you navigate through these difficult times, ensuring you receive the compensation you deserve. If you or a loved one suffered a personal injury due to the negligent actions of another, give us a call today to schedule a free consultation.
