Whether you were hurt in an auto accident due to a reckless driver, or you have been injured whileon the job, you may have the right to pursue legal action. Depending on various factors surrounding your accident and with the help of a personal injury lawyer, you may be able to file a personal injury claim and seek compensation to cover the cost of your medical bills, lost income due to your injuries, and other related expenses. First things first, you have to determine if your case is eligible for a personal injury claim.
Determining Fault – Who Is to Blame for Your Injuries?
Ultimately the number one factor that is investigated when looking at whether or not you have a personal injury claim is figuring out who was at fault for the injuries that have occurred. This is also known as determining negligence. If another person or party was to blame for the damage caused to you, you may have grounds for an injury claim.
There are four factors that must be proven to be true before a personal injury claim can be made:
- The party being charged with fault for the accident owed the defendant, or the injured, a duty of care.
- In some way, the accused behaved negligently and disregarded the owed duty of care.
- The act of negligence directly led to the accident.
- The injured individual suffered harm directly as a result of the accident. The injuries must be real and required some kind of medical attention.
Additionally, it is important to note that in Louisiana, the statute of limitation is one year from the date of the injury for personal injury claims. After that one-year time limit is up, the ability to file any type of legal claim against the accused has expired.
Call for a Free Consultation
If you are unsure whether or not you even have a claim, call our Shreveport personal injury lawyer at the Law Office of Robert B. Dunlap today. You have nothing to lose by giving our office a call and allowing us to hear you out. If you do have a claim, we can fight for the financial help you deserve and we have a history of doing just that.
With over 30 years of legal experience, call our office at (318) 562-5044.