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Personal injury law covers a broad spectrum of issues when one has been physically or emotionally injured, and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, the French word for "wrong." Personal injury or "tort" law is the body of law that allows one to be compensated in the event that someone’s carelessness, recklessness, or intentional misconduct injures or damages you or your personal belongings. Automobile accidents are classic examples of the types of events covered by tort law. If someone hits the back of your car while you are stopped at a red light, that person commits a tort, and it is referred to as the "tortfeasor" (French for "wrongdoer")
In America, that person is generally referred to as the "defendant" once the lawsuit is filed, and the person harmed is called a "plaintiff"’ or "claimant." State law usually governs personal injury lawsuits, but Federal law may apply in certain circumstances. For example, the Federal Torts Claims Act may cover an injury suffered on a federal property, or international treaties may govern liability for injuries suffered in an airplane crash. A claim for personal injury must be accompanied by an injury that can be compensated. In other words, one must prove an injury in order to seek monetary damages. For example, if you were to slip and fall due to someone else’s fault or negligence, you could not recover damages if you were not injured in some way.
The law of personal injury is concerned with determining who may be responsible (who is "liable", or has "liability") for causing injury and how much the responsible party should be required to pay for any damages resulting from the injury. Personal injury law can be classified in the following three broad categories, or degrees of fault: negligence, international torts and strict liability torts. Each category is comprised of different types of legal wrongs (or "causes of action"), and indicates a different "standard of care" that may apply to a given accident.
In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call us now at (504) 949-2545. The first consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery funds. Don’t Delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
Shorty, Dooley & Hall, LLC, Attorneys At Law, have the requisite knowledge, experience and dedication to timely and properly handle your personal injury claim. Shorty, Dooley & Hall, LLC represents families and businesses throughout Louisiana in various personal injury related matters, including cases involving: Automobile and 18-wheeler accidents; Medical Malpractice claims; Products Liability; and Wrongful Death, just to name a few. The injuries arising from these type cases often include, broken bones, strained muscles, ruptured or herniated discs, brain injury, spinal cord injury, head trauma, and other types of personal injuries. Regardless of the type of personal injury case, Shorty, Dooley & Hall, LLC has the resources to ensure that you receive proper and timely medical treatment for your personal injury.
All too frequently, victims of personal injury accidents wait too long before contacting a lawyer about their legal rights relating to their respective injury. Generally speaking, under Louisiana law a person who suffers from a personal injury resulting from another’s negligence has one year from the date of the alleged negligence within which to bring his/her personal injury claim. However, there are exceptions to the one-year prescriptive period in some personal injury cases. It is important that you contact an attorney as soon as possible to discuss your potential personal injury claim and that you do not rely on this excepting to the one-year deadline, as it only applies in certain circumstances.
If you or someone you know is in need of a personal injury lawyer in New Orleans, Baton Rouge, Mandeville, Covington or the surrounding areas of Louisiana, please contact Shorty, Dooley & Hall, LLC, for a free consultation. For most types of personal injury cases, Shorty, Dooley & Hall, LLC, will work off of a contingency fee, meaning that you owe nothing for their legal services unless Shorty, Dooley & Hall, LLC, is able to recover for your damages.
Additionally, in the event that your personal injury claim cannot be amicably resolved, Shorty, Dooley & Hall, LLC has the resources and willingness to try your case in front of either judge or jury. Our attorneys have the experience and knowledge to ensure that your case, whether a personal injury claim or otherwise, is properly presented at trial.
Learn more about your legal rights. Call today, and let Shorty, Dooley & Hall, LLC help you fight for your rights.
Have additional questions or need further information? Call Shorty, Dooley & Hall, LLC for a free consultation: (504) 949-2545 or 1-877-377-8443.
Auto Accident Facts
Motor vehicle accidents are one of the leading causes of death in the United States. The National Highway Traffic Safety Administration says that there were 5,973,000 auto traffic collisions in 2006. 117 people a day died in motor vehicle crashes in 2006 - that is 1 fatality every 12 minutes, and a total of 42,642 traffic deaths. 2,575,000 people were injured.
Injuries from a motor vehicle collision can be life changing, traumatic, take a long time to recover from, and expensive to treat. Broken bones, traumatic brain injuries, spinal cord injuries, burn injuries, and other catastrophic injuries may require extensive rehabilitation and the care of costly medical specialists. An injury victim may have to take time off from work, and wages could be lost, which can make it difficult to cover living expenses let alone medical care.
Louisiana law gives auto accident victims just one year from the day the accident occurred to file a personal injury lawsuit against any negligent parties. It is important to obtain the proper legal representation right away while the evidence is preserved, witness testimonies are still fresh, and there is time to properly investigate and pursue your case.
Each year in Louisiana thousands of automobile accidents occur on Louisiana roads, highways, interstates and bridges, with personal injuries varying from soft-tissue damage, head trauma, broken bones, brain injury to wrongful death. New Orleans in particular has one of the highest auto accident rates per capita in the South. Shorty, Dooley & Hall, LLC, Attorneys At Law, have the necessary resources and know how to handle your particular auto or car accident case no matter what your injury.
Wrongful Death Facts
Wrongful death refers to a lawsuit, which alleges that the victim was killed as a result of the negligent conduct or misdeeds of another. Often wrongful death suits arise as a result of auto accidents, personal injury accidents, medical malpractice, workplace accidents, mesothelioma, dangerous or defective products, or other accidents.
Where the reckless, careless or negligent acts of another are the legal and proximate cause of the wrongful death of decedents, their actions are often subject to personal injury and/or wrongful death lawsuits. The loss of a family member due to an accident or injury causes great pain, and turmoil as well as unimaginable loss within a family. Often the suddenness of the loss and confusion leaves the decedents family feeling powerless, and many questions unanswered.
While hiring a wrongful death lawyer in the immediate aftermath of a tragic loss may seem relatively unimportant in the face of such a severe loss; hiring the right lawyer is a critical decision that may dramatically affect the lives of the surviving spouse and family members.
Unfortunately, persons or companies responsible for causing death are frequently not held accountable due to the failure of surviving family members to institute prompt legal action. All to often, critical evidence is destroyed in the days and weeks following a fatal accident, and complex state laws governing wrongful death may eliminate the possibility of recovery and or bar legal action when certain legal criteria or time limitations are not satisfied. Surviving family members are strongly urged to consult with a wrongful death lawyer immediately.
Experienced personal injury lawyers appreciate the complex legal issues, as well as the powerful emotional trauma involved in a wrongful death claim. An experienced wrongful death lawyer will vigilantly represent the rights of the victim, while assisting the surviving family members in a responsible, yet understanding manner. We can assist the family members of the Estate by providing the family of a wrongful death victim with information regarding the practical and legal and legal aspects of personal injury law and wrongful death claims, as well as survivor actions, Social Security Disability and Widows Benefits.
For a free review of your claim by an experienced personal injury lawyer, or to confidently request a free consultation with a lawyer who may be able to assist you with a possible wrongful death claim, please contact our office today.
Frequently Asked Personal Injury Questions
There is no underestimating the traumatic effect and devastating impact that suffering a personal injury can have on your life. To be sure, dealing with your personal injury can be both mentally and physically overwhelming, which is one reason Shorty, Dooley & Hall, LLC, Attorneys At Law, strives to make the experience of litigating your personal injury claim as painless as possible. Whether you, a friend, or a loved one has suffered injuries as a result of someone’s negligent conduct, Shorty, Dooley & Hall, LLC can help.
Below are some frequently asked questions regarding Louisiana personal injury claims, which may provide insight as to your prospective legal rights regarding your personal injury. It is important, however, that you recognize that the information provided below is NOT legal advice and, as such, you should contact an attorney/lawyer to verify its accuracy and applicability to your personal injury case.
- How long do I have to file a personal injury claim?
Well, that’s a difficult question, and one, which is heavily litigated and scrutinized by attorneys throughout Louisiana. The short answer: it depends on the type of personal injury. In most auto accident personal injury cases, for example, you have one year from the date of the accident to bring a claim. This however is not a hard and fast rule and there may be exceptions depending on your particular injuries. If, for instance, your personal injury case arises out of medical malpractice, you likely have one year from the date on which you discovered, or should have discovered that your personal injury may have been caused as a result of malpractice. As you can see with these two examples, the best course of action is to contact an attorney about your potential personal injury claim as soon as possible; and at the latest, within one year from the date of your injury.
- Car Accidents: What if I don’t have any auto insurance? Can I still recover from my injuries?
Louisiana has a No Pay/No Play policy with regard to auto insurance coverage. This means, in order to recover for your damages related to an auto accident you must have the statutorily authorized minimum amount of auto insurance coverage. However, it may still be possible for you to recover for your injuries even if you don’t have the minimum amount of coverage. If your personal injury resulting from the auto accident requires medical treatment in excess of $10,000, you may be able to recover from your damages without having auto insurance. That is, Louisiana’s No Pay/No Play law only precludes recovery of the first $10,000 worth of damages for those who do not have their own auto insurance.
- Is it important to have uninsured motorist?
ABSOLUTELY! We cannot overemphasize the importance of having uninsured motorist coverage. We have seen all too many times personal injury cases involving auto or car accidents where the negligent driver had no auto insurance. In such a case, the only recourse for the injured person is to sue the driver personally. But, as you might imagine, recovering monetary compensation in such an instance can often prove unsuccessful. With uninsured motorist coverage under your auto policy, your insurance company essentially will stand in the shoes of the negligent driver and pay you for your damages relating to your auto accident.
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