Rayville Personal Injury Lawyer

When filing a personal injury claim, you have the burden of proof. This simply means that you are the one responsible for proving your case against the liable party (known as the defendant). To prove your case, you must first establish liability. This involves demonstrating that the defendant is legally responsible for your damages, or the collective economic and non-economic losses you have suffered as a result of your injury.

To determine liability, our team looks at a variety of available evidence, including but not limited to:

• Police reports
• Accident reports 
• Medical records 
• Witness statements 
• Cellphone records 
• Commercial vehicle data recorders
• Nearby surveillance footage 

To prove that the defendant is liable for your damages, we work to first prove that they owed you a duty of care. This could be an implied duty of care, such as the one all motorists owe to others on the road, or an explicit duty of care outlined by state or federal law. We then work to demonstrate how the defendant breached this duty of care. Some examples include driving carelessly or recklessly, operating a commercial vehicle while under the influence of alcohol or drugs, or failing to follow established safety standards in the workplace. 

One of the most important elements of proving liability is showing the connection between the defendant’s negligent or wrongful conduct and the incident that caused your injury. For example, we may work to show how the defendant’s violation of traffic laws led to the car crash that left you suffering severe, catastrophic injuries. Or we may use available evidence to prove that the defendant’s failure to properly train employees led to a disastrous and entirely avoidable industrial accident, resulting in your loved one’s death. 

Common Damages in Personal Injury Cases

The purpose of filing a personal injury claim is to not only obtain justice and hold the liable party accountable but also to recover damages.

Examples of common damages in personal injury cases include: 

• Medical expenses 
• Future care costs 
• Lost income/wages
• Loss of earning ability
• Loss of future earnings
• Physical therapy/rehabilitation
• Transportation costs 
• Pain and suffering 
• Emotional distress 
• Trauma 

The exact details of your case will determine the types of damages you can expect to receive, as well as the overall value of your claim. Some common factors that affect these things include the severity of your injuries, the cost of your medical care, what insurance coverage is available, and your degree of fault in causing the incident (if any). 

What Is the Statute of Limitations on Personal Injury Cases? 

Louisiana has a deadline by which you must file your personal injury lawsuit. This is known as the statute of limitations, and it is typically just one year from the date of the injury. With some rare exceptions, if you do not file your lawsuit within one year, your case will be dismissed. This means you will be unable to sue for damages and cannot recover any compensation for your losses.