Determining whether you have a valid legal case following an incident or injury can sometimes be complex. At The Johnson Firm in Lake Charles, the initial focus is on understanding the specifics of your situation to provide an accurate assessment. Here’s a step-by-step guide tailored to help you determine whether you have a case, particularly under Louisiana law.
Wondering whether you have a case? Call our Lake Charles personal injury lawyers at (337) 433-1414.
How to know if you have a personal injury case
Step 1: Establishing negligence
The cornerstone of most personal injury cases, including car accidents, slip-and-falls, and medical malpractice, is negligence. To determine if you have a case, The Johnson Firm will first look to establish the following elements:
- Duty of care: The defendant was legally obliged to act with a certain level of care towards you. For instance, drivers must operate their vehicles safely.
- Breach of duty: The defendant failed to meet this duty through action or inaction. For example, if drivers were texting while driving, they were not operating the vehicle safely.
- Causation: There must be a direct link between the breach of duty and your injury. This means showing that the injury would not have occurred if not for the defendant’s negligence (the “but-for” test)
- Damages: You must have suffered actual damages, such as physical injury, financial losses, or emotional distress, as a result of the incident.
These elements are essential for establishing a baseline for whether you have a case under Louisiana law (Louisiana Civil Code Article 2315).
Step 2: Evaluating the evidence
To establish negligence (also called fault), The Johnson Firm will assess the available evidence. Strong evidence is crucial to proving your claim. This might include:
- Photographs or video footage of the incident or accident scene.
- Witness statements are made by those who saw what happened or can testify to the conditions that led to the incident.
- Medical records that document your injuries and their relation to the accident.
- Expert testimonies from accident reconstruction specialists, medical professionals, or other relevant experts.
- Police or accident reports that provide an official account of the incident.
Step 3: Understanding the impact of comparative fault
Louisiana’s comparative fault rule could also influence whether you have a viable case. Under this rule, if you are partially at fault for the incident that caused your injury, your compensation can be reduced by your percentage of fault. The Johnson Firm will help determine how this rule might apply to your case and what implications it could have on the potential success of your claim.
Step 4: Considering the statute of limitations
Another critical factor is the statute of limitations. In Louisiana, you generally have one year from the accident date to file a personal injury lawsuit (Louisiana Civil Code Article 3492). Failing to file within this timeframe usually means you forfeit your right to sue. The Johnson Firm will meet all deadlines to keep your case viable.
Final assessment and legal guidance
After evaluating these factors, The Johnson Firm can provide a clear and informed perspective on whether you have a case. Suppose your situation meets the necessary legal criteria and is within the statutory deadlines, and there’s sufficient evidence to support your claims. In that case, the likelihood is that you indeed have a viable case.
Think you have a case? We’re here to listen.
Knowing if you have a case involves thoroughly examining the facts, the law, and the evidence. The Johnson Firm’s dedicated legal team is adept at navigating these complexities, ensuring that any potential claim is evaluated with the highest level of professionalism and legal expertise. Please call (337) 433-1414 or contact us online to schedule your free consultation*.
Related articles for further reading
- What are personal injury damages to consider?
- What to do after an injury
- How long will my personal injury case take?
- What questions should I ask my lawyer to ensure they’re well-equipped to take my case?
