Shreveport Office
Shreveport Personal Injury Attorney
Understanding Louisiana’s Personal Injury Laws
In Louisiana, you have the right to file a claim for damages when you are injured or otherwise harmed by the negligent or wrongful conduct of another. Filing a personal injury claim allows you to seek financial compensation for specific losses—both economic and non-economic—associated with your injury and/or loss. Beyond medical expenses, you may recover costs related to loss of income, pain, and suffering, and property damage.
Navigating this process can be difficult without the help of an experienced attorney. You’ll be required to prove your case, including proving the various damages you have sustained and demonstrating that someone else is liable. This typically requires presenting supporting evidence and communicating extensively with the insurance company or liable party. Strong legal counsel can guide you through these challenges and enhance your chance of obtaining a favorable result.
At the Law Offices of Damon D. Kervin, we have more than 20 years of experience handling all types of personal injury claims. We understand the ins and outs of the law, as well as how to effectively pursue maximum compensation on your behalf. Our team is dedicated to fighting for your rights every step of the way, ensuring that you are fully informed and supported throughout the process.
We encourage you to reach out to our team today to learn more during a free, no-obligation consultation. We offer contingency fees, which means you don’t pay anything unless we recover compensation for you.
Ready to start fighting for the compensation you deserve? Contact our Shreveport personal injury lawyer today.
Who Can File a Personal Injury Claim in Shreveport?
Under Louisiana’s personal injury laws, anyone who has suffered an injury that led to measurable damages can file a personal injury claim, provided they can prove another party was at fault. The “someone else” involved can be another person, such as a careless motorist, or an entity like a negligent business, manufacturer, or even a government agency. Understanding the nuances of liability and causation is crucial in establishing a successful claim.
Personal injury claims often arise from the following types of incidents in Shreveport:
- Motor vehicle accidents, such as car, motorcycle, and truck crashes. These incidents can result in severe physical injuries and emotional trauma.
- Accidents between motor vehicles and pedestrians or bicyclists. These often have serious implications due to the vulnerability of pedestrians and cyclists.
- Construction accidents and industrial accidents . Such events can lead to complex legal issues involving multiple parties and regulations.
- Injuries and deaths caused by offshore and maritime accidents. Understanding federal maritime laws is essential here.
- Oilfield injuries. These are notable for their unique hazards and require specific knowledge of industry standards.
- Plant and refinery accidents. Such incidents can have widespread consequences for both individuals and the environment.
If you were injured or your loved one passed away due to someone else’s careless, negligent, or wrongful behavior, you are likely entitled to file a personal injury claim. Our experienced team can help you understand your rights and guide you on the next steps without delay.
How Long Do You Have to File a Personal Injury Lawsuit in Louisiana?
The statute of limitations, or filing deadline, for most personal injury lawsuits in Louisiana is one year from the date of injury. In wrongful death cases, the statute of limitations is also one year, beginning on the date of death and not necessarily the date on which the fatal incident occurred. These time constraints make it important to seek legal advice promptly.
If the statute of limitations expires, you will almost certainly lose your right to sue for damages, as there are very few exceptions to this rule. However, certain exceptions do apply. Even if you believe the statute of limitations may have expired, we encourage you to reach out to our firm to discuss your legal options during a free initial consultation. Timely legal intervention can help preserve your rights and build a strong foundation for your claim.
Injured and ready to start fighting for the compensation you deserve? Contact our Shreveport personal injury lawyers today.
Clients We've Helped
Reviews & Testimonials
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"Went to the Law Offices of Damon D. Kervin after one of the worst days of my life. They listened, gathered details, provided guidance, and kept me updated. I never felt ignored and they fixed my situation. I would definitely use this office again."Lorenzo
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Me and my daughter are so grateful.
M.S. -
"Mr. Damon Kervin for the most professional representation ever. I admire you and your staff's composure, work ethic, and most of all your excellent representation."G.W.
What Types of Damages Can Be Recovered in a Personal Injury Case in Shreveport?
While every case is different, many people are able to recover certain types of damages in their personal injury claims. These are crucial to help cover the financial and emotional burdens of an injury.
These damages often include:
- Medical expenses, including future care costs. It’s essential to document all medical treatments and anticipated future care.
- Rehabilitation and physical therapy. This often involves long-term commitments to restore function and mobility.
- Prescription and over-the-counter medications. Keeping a comprehensive record of all related costs can aid in recovery claims.
- Transportation costs to and from medical appointments. Personal injury claims aim to recuperate these often-overlooked expenses.
- Lost income and/or wages. This may also include compensation for potential future income loss due to ongoing impairments.
- Lost or reduced earning ability. Injuries can permanently alter one’s work capacity, and thus, compensation may factor in these changes.
- Physical and mental pain and suffering. Quantifying these damages requires expert evaluation and personal testimony to ensure fair compensation.
- Emotional distress. The psychological impact of an injury can be just as debilitating as physical harm.
- Counseling and therapy costs. Seeking professional mental health support might be necessary following a traumatic incident.
- Lost enjoyment of life. This subjective damage can be significant, depending on how the injury affects daily activities and quality of life.
At the Law Offices of Damon D. Kervin, we can help you understand what types of damages you may be entitled to receive. We are here to discuss your case and options for recovery at absolutely no cost to you.
Can You File a Claim If You Were Partly at Fault in Shreveport?
Because Louisiana follows a rule of pure comparative negligence, you can still file a personal injury claim if you were partly at fault for the incident that led to your injury and resulting damages. This is true regardless of your degree of fault. However, the amount you can recover in compensation will be reduced if you are found to be partly to blame. This rule encourages the examination of all contributing factors in an accident, ensuring a more equitable outcome for all parties involved.
For example, if you were involved in a car accident where the other driver ran a red light, but you were looking at your cellphone when the crash occurred, the insurance company may argue that you were 30% to blame. If you suffered $10,000 in damages, your recovery would be reduced by 30%, meaning you could only recover up to 70% of that amount, or $7,000. Understanding how comparative negligence affects compensation is critical before proceeding with a claim.
Remember, the insurance company is not on your side. Often, it will use this rule to try to limit the amount it has to pay you after an accident. We strongly recommend that you work with a knowledgeable attorney, like Attorney Damon D. Kervin, who can protect your rights and advocate for your best interests. Having a strong legal advocate ensures that your viewpoint and the full scope of your circumstances are taken into account.
Get in touch with us today to schedule a complimentary case evaluation with our Shreveport personal injury lawyer. You can reach us online or by phone at (318) 269-7443.
How We Help with Personal Injury Claims in Shreveport
We understand that this is likely one of the most difficult times in your life. That’s why we provide highly personalized and compassionate legal representation every step of the way. When you choose the Law Offices of Damon D. Kervin, you get a team that will fight tirelessly for you and the full, fair recovery you deserve. Our commitment is to treat each situation with the individual attention it merits.
Our Shreveport personal injury lawyer has more than two decades of experience and a long track record of success, having secured millions of dollars in compensation. We can assist you with everything from investigating your claim and gathering important supporting evidence to negotiating with the insurance company for a fair settlement on your behalf. If necessary, we are fully prepared to take your claim to court and represent you at trial. Our ultimate goal is to provide you with the legal empowerment needed to confront these challenges head-on.
To learn how we can help you with your personal injury claim, contact us today at (318) 269-7443 and request a comprehensive consultation.