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New Orleans Personal Injury Lawyer > Metairie Personal Injury Lawyer

Metairie Personal Injury Lawyer

Sometimes an accident or injury is nobody’s fault. But in many cases, an individual is hurt due to the negligence of another person or company. When that happens, the negligent party can be held legally responsible for the victim’s damages, including their medical bills, lost income, and ongoing pain and suffering.

Obtaining compensation for an accident often requires jumping through a lot of hoops, especially when insurance companies are involved. An experienced Metairie personal injury lawyer can help you throughout this process. At Palazzo Law Firm, we have an extensive record in representing clients in obtaining fair insurance settlements–and when that is not possible, taking their case to a judge and jury.

Act Quickly to Assert Your Legal Rights Following an Accident

In order to establish negligence in a personal injury case, a victim needs to prove all of the following:

  • The defendant owed you a legal duty of care.
  • The defendant failed to meet that duty of care in some way.
  • Absent the breach of that duty of care, you would not have been injured.
  • Your injury was in fact caused by the other party’s breach.
  • You suffered actual, measurable damages as a result of your injury.

For example, if a driver runs a red light and hits your vehicle, that is enough to establish a breach of that person’s duty to obey the traffic laws and operate their vehicle in a safe manner. If you sustain injuries in the subsequent accident, such as a broken bone, you would be entitled to compensation from the negligent driver and their insurance company.

But you can never assume that the negligent party or insurer will immediately agree to settle on your terms. In particular, insurance company adjusters may try to minimize your damages or even attempt to shift blame for the accident onto you. There is a legal reason for doing this. Louisiana follows a “comparative negligence” rule in personal injury cases. What this means is that if your case goes to court, a jury must determine whether your own actions contributed to the accident. If you are found partly at-fault, the court must then reduce the amount of any damages awarded to account for your negligence as a percentage.

Insurance companies may also try and drag out settlement talks following an accident because they know the victim only has a limited amount of time to file a lawsuit. Louisiana has a one-year statute of limitations in civil cases, which include personal injury claims. This means that in most cases you only have one year from the date of your accident to take legal action against a negligent driver.

Contact Palazzo Law Firm Today

Many accidents due to negligence leave victims faced with thousands of dollars in medical bills and lost income. If these victims do not act promptly they may forfeit their right to seek full and fair compensation. Do not let that happen to you. If you need to speak with an experienced Metairie personal injury lawyer, contact Palazzo Law Firm today to schedule a free consultation.

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