Baton Rouge Personal Injury Lawyer

Baton Rouge Personal Injury Attorney

The concept of personal injury law was created to ensure that anyone who suffers injuries from the actions of another person can be formally held accountable. This is achieved by a plaintiff filing a claim and working with their attorney to quantify the damages and request that sum amount as compensation. If you have been injured in Baton Rouge, connect with a Baton Rouge personal injury lawyer to assess your case and begin the legal process.

At Dampf Thames, Attorneys at Law, we have spent years providing quality personal injury legal services to the Baton Rouge community. We understand how distressing it can be to try and balance healing from your physical injuries while tending to legal matters. It’s why we proudly step in for our clients to supervise the entire process and make sure no one takes advantage of their rights. If you or someone else you know has been injured, contact us as soon as possible.

What Makes up a Personal Injury Case?

For a legal battle to be classified as a “personal injury case,” there are several different elements that need to be satisfied. Personal injury cases are generally defined as any instance or accident where someone has suffered harm from either the negligence or intent of another individual.

While every case is unique, there are four major components of personal injury cases to understand:

Negligence and Duty of Care

The concept of negligence is based on the idea that every individual has a legal duty to act in a responsible manner that will avoid harm to others around them. This duty of care is a broad yet clear principle that can be applied to many different aspects of our personal and professional lives.

For example, anyone who has purchased a piece of property has a legal duty to keep their premises safe for others to walk on. This could mean grocery store owners need to clean up a spill fast before someone slips and falls and injures themselves. For areas where it snows, taking care of icy or snow-covered sidewalks is another important task to avoid the risk of facing a personal injury claim.

This concept of negligence also extends into the healthcare sector. When a medical professional accepts a role, they agree to always act in the interests of the patients who are trusting the facility to handle their medical care. Any breach of duty within this context, like failing to diagnose a serious medical condition or not ordering adequate blood work, could put a physician at risk of a lawsuit if the patient experiences associated damages.

Breach of Duty

Once a duty of care has been established, the next step is to demonstrate how the defendant was the individual or entity who caused the breach. To successfully prove a breach of duty, a plaintiff and their attorney will need to supply evidence that suggests beyond a reasonable doubt that the defendant’s actions deviated from what any other reasonable person would have done under a similar set of circumstances.

One example is when an individual decides to send a text message while driving on the highway. When they become distracted for a few moments in time, they could lose control of the vehicle and crash into another innocent bystander. If there is evidence to show the individual was on their phone, it can help to prove the individual broke their duty of care to keep their eyes on the road and operate their motor vehicle as safely as possible.

Another example can be found in a manufacturing setting. If a specific employee neglects to run any proper tests or inspections to prove that a product successfully meets all safety standards, it could cause risk to the consumer and harm them once the product is in their hands. A common scenario in this context is a child playing with a toy coated in toxic paint, which would never happen unless someone ignored or neglected to uphold safety inspections and regulations.

Causation

Despite popular belief, a personal injury law case needs to do more than just show that someone acted negligently. They must also directly connect the quantifiable damages to the negligent behavior. Showing this direct link is often cited as one of the most difficult aspects of a personal injury case to satisfy.

For example, consider a scenario where a pedestrian has been hit by a car where the driver ran a red light. As a result, the pedestrian had to be transported to the hospital and be treated for broken bones and significant life-threatening trauma. This case can be extremely straightforward if there is video footage, among other evidence, to prove that the driver ran the red light. This creates a direct link between the pedestrian’s injuries and the driver’s actions.

A more complicated scenario could be a patient who has suffered adverse effects from a prescribed medication. If the physician who signed off on the prescription neglected to see how the medication would interact with the patient’s allergies or other medications they are already on, they could be held liable for any physical or mental injuries that the patient suffered from.

Damages

Before a final compensation package is awarded, there needs to be evidence that actual physical or mental harm has occurred. The more straightforward damages to calculate are economic damages, such as medical bills and a loss of income. For example, if someone is unable to return to their job for several months until they are fully recovered, they have grounds to seek reimbursement for the salary they lost out on and all medical expenses incurred.

Non-economic damages are more difficult to quantify but are still valid. This covers pain and suffering, emotional distress, and even loss of enjoyment in life. In many cases, an individual suffers from anxiety and depression from the events of the incident, which can impact their daily routine and overall quality of life. Evidence from a mental healthcare provider can help to support this “invisible” damage and ensure the patient is reimbursed through compensation.

What Questions Should I Ask a Prospective Personal Injury Attorney?

When you have your first consultation with an attorney you are thinking about hiring; you want to take advantage of this time to understand their capabilities. This will require you to prepare a set of questions that gives you insight into their education, experience, and how they view the realities of your case. This is essential to help you feel comfortable with your decision to hire a specific attorney to advance your interests in court.

Some recommended questions to ask include:

Understanding their Experience

1. “After reviewing my case, can you please share if you have dealt with any other similar cases to this one?” Asking this question helps to extend your understanding of their capabilities beyond their educational achievements. It can make you feel more comfortable knowing they have already advanced other similar cases with clients that were in your exact shoes.
2. “What is your success rate with these cases?” While it’s important to know they have dealt with similar cases, take it a step further by asking how many times they’ve won these cases. A strong record of successful cases can give you peace of mind to move forward with hiring an attorney, while a history of losses might point you to keep looking for a different attorney.
3. “How do you stay updated with the latest developments in personal injury law?” You might be concerned if a specific attorney is up to date on changing laws and regulations, especially if it has been a significant time since they obtained their law degree. Asking how they stay informed on the evolving legal landscape can help make you feel confident that they can leverage the most current legal strategies to win your case.

Assessing Their Approach to Your Case

1. “What potential challenges do you see in my case?” You want an attorney who will be honest about what possible obstacles might lie ahead in your personal injury case. You don’t want an attorney who just claims the journey will be easy to earn your business. Specifically, ask what possible hurdles they see and what their strategy may be to overcome them.
2. “What is your negotiation style with opposing counsel and insurance companies?” Oftentimes, an attorney’s negotiation skills can maximize how much compensation a client receives in the end. Ask about how they approach negotiations and if they have any stories of a difficult case that they were able to resolve through negotiation. This will help you better understand how they will advocate on your behalf.
3. “Can you share what your general personal injury case roadmap looks like from client intake to resolution?” If you are becoming more comfortable with the idea of hiring a specific attorney, ask this question to set your expectations of what is to come. You want to ensure they describe a process and expectations that you are comfortable with before making your final hiring decision.

Communication and Strategy

1. “How will you communicate to me throughout the case?” Open communication is key between a personal injury lawyer and their client. You want to make sure you are going to have access to your attorney when needed and that they are not too busy to focus on your case. Ask how often they plan to share case updates and in what manner they will be shared.
2. “Who in your firm would also work on my case, and what would their roles be?” It’s not uncommon for attorneys to tap on their colleagues for help in their clients’ cases. Ask who they would likely use as an extra resource and what their specific contributions would be. This can help make you feel comfortable and well-supported throughout your case.
3. “Do you have any specific policies on responding to client questions or concerns?” One of the worst feelings as a client is being left in the dark when you are struggling to understand certain aspects of your case or have a concern that hasn’t been satisfied. Some attorneys create specific policies for responding to these inquiries to ensure their clients feel heard and understood.

Financial and Logistical Considerations

1. “How do you structure your fees, and what costs could I expect to incur?” Many attorneys work on a contingency fee basis, which means they will not collect any money unless an official settlement is issued. However, some attorneys prefer to be paid hourly or charge a flat fee per service. Confirm their preferred payment structure upfront to ensure it’s an arrangement you can afford.
2. “What is your assessment of my case’s potential value?” An attorney can’t guarantee an outcome, but they can assess your case and give you a ballpark figure based on other cases they have handled. If you feel that they are undervaluing your case, it may be worthwhile to check in with other attorneys and see if they are more confident in their ability to secure a higher compensation award for you.
3. “What factors do you think could accelerate or delay the conclusion of my case?” You want to ensure your attorney is setting realistic timelines and has a grip on what could speed the case up or slow it down. If they are fixated on certain strategies to speed up the case that make you uncomfortable, express those opinions or seek another attorney if they seem inflexible in their approach.

Your Role and Responsibilities

1. “What is going to be required of me during this case, and how can I help to maximize the chance of winning this case?” You want to be clear on what your contributions will be throughout the process and that you’re comfortable with this vision. Whether it’s providing specific documentation or having to testify in court, you want to understand these factors early on to avoid being surprised and uncomfortable down the road.
2. “How do you prepare for cases?” Ask your prospective attorney how they typically prepare for personal injury cases and if you have a role in any of it. For example, if they need your participation in the discovery process or depositions, you want to make sure you are comfortable with their expectations of you and that you have adequate time to prepare.
3. “Can you provide any past references from clients?” While privacy laws will prevent an attorney from just handing out an endless list of contact information, they likely have some clients who have left reviews of the firm associated with their identity. Ask if there is anyone you can speak with to testify to their satisfaction and what their role was in the process of working with the attorney.

Taking the time to ask these questions in detail during your first consultation will not only help you to understand the attorney’s capabilities as a practicing attorney but also if they are an appropriate fit for your case and personal needs. Through this type of vetting process, you will be more informed to comfortably hire your legal representation.

FAQs

Q: Can You Sue for More Than Policy Limits in Louisiana?

A: Yes, it is possible to sue for damages that exceed the policy limits of a defendant’s insurance coverage. However, certain factors will need to be satisfied. For example, the defendant will need to have certain assets of monetary value that you can tap into for extra compensation. To assess the likelihood of this scenario, chat with your attorney and see what possibilities may exist if you believe you will need more than what their insurance offers.

Q: What Does a Personal Injury Lawyer Explain?

A: Personal injury lawyers are trained to explain to their clients all the legal rights and options that are at their disposal. They guide their clients through the personal injury claims process, including any statute of limitations that may be at play and what timeframe all paperwork must be filed and submitted. They will also explain the merits of your case in their own opinion and supervise the entire process up until compensation is awarded, if applicable.

Q: Can I Advance a Personal Injury Claim Without an Attorney?

A: The temptation to represent yourself might cross your mind as a method to save on legal costs. However, this is not typically recommended due to the immense risk you will put on yourself. Legal procedures can be extremely overwhelming to those who are not educated and experienced in the processes. Having an attorney can help to minimize any case delays or prevent lower settlements that may happen if you represent yourself.

Q: Is Court Required in Personal Injury Cases?

A: Going to court will not always be required in personal injury cases. Many times, the issues can be settled outside of court if both parties agree on a resolution. This can speed up the entire process and save both parties money on legal fees. However, if the case cannot be resolved amicably, it will be required to advance to trial where a judge and jury will make a final decision on what the outcome will be.

Contact Dampf Thames, Attorneys at Law Today

If you are facing the prospect of filing a personal injury case, contact our injury lawyers today. We would be honored to learn more about your case and how we can help restore some peace in your life by earning a generous compensation award.