Baton Rouge
Personal Injury Lawyer

A personal injury lawyer Baton Rouge, LA community members trust from Cashio Injury Attorneys knows that sometimes it’s hard to figure out if what happened to you necessitates contacting a lawyer. While you may not need a lawyer for every legal issue, it is strongly advised that you consider doing so. The truth of the matter is, the everyday person doesn’t have the legal knowledge that professionals do, and well-intentioned advice from friends and family just may not be accurate.

If you or someone you love was recently injured in an accident because of another’s negligence or recklessness, then there may be grounds for a lawsuit. But how do you know if it’s worth talking to a lawyer about your situation? Here are the three primary factors of most personal injury claims:

#1 The Defendant Owed You a Duty of Care
To have a successful personal injury case, it must be shown with reliable proof that the defendant owed a duty of care to the victim. A duty of care must have been established. An example of this would be a doctor who saw a patient for a diagnosis and treatment plan. This doctor had a duty to the patient to provide them with a certain standard of medical care. If the doctor made a mistake which led to patient harm, then the patient may have reason to file a personal injury case.

#2 The Defendant Breached the Duty of Care
If someone does not exercise the level of care that they should have, and a reasonable person in a similar situation would not have made the same mistake, then this would be considered a breach. For instance, drivers have a duty of care to others on the road to act with consideration for safety. A drunk driver who was speeding and crashed into you, causing substantial injury and property damage, may be liable for how you have suffered due to their foolhardiness.

#3 Damages Resulted Due to the Breach
Not only must the defendant have owed a duty of care and breached it, but there must have been damages that resulted from it. As a Baton Rouge personal injury lawyer can explain, the main purpose in a personal injury claim is to obtain compensation for the victim’s medical bills, loss of wages, property damage, and more. Those who did not sustain serious injury because of the breach of duty may not have strong enough grounds to file a lawsuit. However, that is something we can help you decide once we have more information about what’s going on.

THREE PRIMARY FACTORS OF MOST PERSONAL INJURY CASE

Car Accidents

As your personal injury lawyer Baton Rouge, LA residents depend on at Cashio Injury Attorneys can review, if someone was hurt in a car accident and was not the person at-fault, then they may be able to obtain compensation for their medical bills and other losses. It will be important to have medical documentation that outlines the injuries sustained, your insurance details, and receipts for out of pocket costs. If you called the police and an officer wrote a report, then you can get a copy of this in the days after at the local law enforcement office. This document will have factual information about the accident, which will be used to help show your side of the story and how the other driver was at-fault.

Medical Malpractice

Doctors sometimes commit oversights or grave accidents. Medical malpractice occurs when a doctor fails to provide a certain level of care which then causes direct harm, illness, or death to the patient. Receiving an unwanted medical diagnosis or health news does not automatically mean that a doctor made a mistake, but it can help to get a second or even third opinion from other doctors to verify what the first doctor concluded. Medical malpractice is a serious issue that can take the innocent lives of people who were just trying to get better.

Slip and Fall Accidents

Those who get injured on a private or public property may be entitled to restitution for their injuries. Cases like these usually have to do with the safety of the environment in which the slip and fall occurred, and negligence is often a driving factor. An injured person’s case against the facility or property owner is stronger if the property was unexpectedly or unreasonably hazardous for the public to visit or reside in. It is possible that a government agency responsible for upkeep on public properties or sidewalks is liable, but that is something your Baton Rouge personal injury lawyer would have to assess and conclude for you.

Product Liability

Creators and manufacturers of products have to make sure items are safe for public use. A consumer that is injured or becomes ill due to a poorly designed or flawed product may take legal action against the parties responsible for its design and release. A person must have been using the product as instructed and intended when they got hurt, otherwise they may not have a strong enough case to receive compensation. Your Baton Rouge personal injury lawyer can investigate further into how the item was made and the parties involved so that you understand your options moving forward.

Wrongful Death

There are personal injury cases where someone’s life was taken because of another’s negligence. For instance, if someone died due to an accident on a construction site, then the surviving family may be entitled to substantial restitution for what their loved one went through and how they have suffered since then. When someone’s life is gone before their time, it can leave family members deeply dismayed and yearning for some kind of justice so their loved one’s life did not end in vain. 

Contact Cashio Injury Attorneys

Keep in mind, there is a statute of limitations for personal injury lawsuits. This means that victims are not able to file a lawsuit at any point they want, they must come forward with a case before the statute of limitations has expired. For the state of Louisiana specifically, a plaintiff only has one year from the date of the accident to take legal action. As you can see, the sooner you come forward, the more time we have to work on your case. If the statute of limitations passes you by, you are essentially waiving your right to pursue restitution from the party at-fault.

Please contact a Baton Rouge personal injury lawyer from Cashio Injury Attorneys now to find out if you meet the requirements for a personal injury case.

Your Personal Injury Accident Questions, Answered

Accidents are commonplace, but when they result from another party’s negligence, it will be important to speak with a Baton Rouge, LA personal injury lawyer. Such accidents have a severe impact on victims, even when injuries are considered to be more “minor” in nature. Accidents that call for legal action can take on several forms and can include: 

• Car Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Premises Liability
• Medical Malpractice
• Product Liability
• Workplace Accidents
• Wrongful Death
• +More

Unfortunately, those who fall victim to accidents of this nature stand to face significant losses that leave them at a financial deficit and with physical injuries and pain that they must recover from. Amidst the challenges victims will face, it can be difficult to take the steps necessary to seek compensation for losses. As a result, victims will have several questions regarding the path forward. Fortunately, when working with Jaime Cashio, victims not only receive the answers to their inquiries but also will acquire representation they can trust and rely on. 

What is the most critical step to take following an accident? 

The moments, hours, days, and even weeks can be full of challenges, and for many, knowing how to move forward with both injury recovery and legal action can be incredibly challenging. Above all else, the essential step victims should take after an accident is to seek medical treatment. There are several reasons this step is imperative. Not only does medical treatment help victims to receive much-needed treatments, but it also can play a critical role should victims decide that legal action is in their best interest. Medical care stabilizes the injured, treats injuries, and acts as crucial evidence when taking legal action. 

What are common damages victims of accidents may experience?

Our Baton Rouge personal injury will share with clients that damages are a way of compensating for the losses they have experienced after an accident resulting from another party’s wrongdoing. When a lawyer evaluates the case, they will determine the losses faced by the victim and request specific damages, which can include: 

• Economic Damages
  • Medical Expenses
  • Property Damage
  • Lost Wages
  • Vocational Rehab
• Non-Economic Damages
  • Pain and Suffering
  • Loss of Enjoyment of Life
  • Emotional Distress
  • Loss of Consortium

When does it make sense to hire a personal injury lawyer over representing myself?

One of the most challenging decisions a person can make when taking legal action is hiring a lawyer. While a lawyer will come at a cost, whether to hire a lawyer will largely depend on the claim’s potential value. Cases resulting in more minor damages may be appropriate for victims to represent on their own; when damages are more significant, a lawyer is the best way to receive the desired compensation. Negotiating a settlement and navigating the legal system can be complex, but with a lawyer to assist its victims have a better opportunity to receive the compensation they deserve.

How does a victim who has experienced extreme financial loss afford the services of a lawyer?

After an accident, victims will experience significant financial losses. Because of this, the thought of affording a lawyer can feel out of reach. A contingency fee is typically a percentage of the settlement value. Lawyers make their services more readily available by offering complimentary consultations to determine whether it’s in their best interest to take legal action. When working on a contingency fee basis, lawyers will not accept payment unless they receive a successful case outcome. 

How long does it take to resolve a personal injury claim?

The time it takes to resolve varies depending on the case’s specifics. Some cases may settle in months, while others can take years to resolve. In most cases, pursuing a settlement can resolve much quicker than when victims choose to move towards litigation by filing a lawsuit. 

Our team is prepared to assist victims of accidents in receiving the compensation they deserve after facing such significant losses. While nothing can change the events that transpired, our firm can help to gain compensation and hold those responsible accountable for their actions. Get started with our Baton Rouge personal injury lawyer Jaime Cashio by scheduling a consultation before it’s too late.