"Never expected to be in a predicament where I would need to hire an attorney but, I wouldn’t recommend anyone but, B&T. They helped my father in his predicament and they’ve helped me in mine. Continuous support throughout the entire process.
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Baton Rouge Personal Injury Lawyers
Recovery from an injury can be a difficult ordeal. There are the expenses associated with medical treatment and the subsequent rehabilitation program. There may be missed time at work. Recovery can be a difficult time mentally, including symptoms of post-traumatic stress disorder and the loss of enjoyment. When the injury a person suffers is the fault of someone else’s negligence, the injured party has the right to a financial settlement that addresses all of the above and more. Our Baton Rouge personal injury lawyers are here to fight for fairness and the settlement our clients deserve.
Beall & Thies has served the Baton Rouge community for over 20 years and our lawyers have composite experience of over 100 years. Let us handle your personal injury case. Call today at 225-383-3499 or contact us online to set up a consultation.
Beall & Thies has served the Baton Rouge community for over 20 years and our lawyers have composite experience of over 100 years. Let us handle your personal injury case. Call today at 225-383-3499 or contact us online to set up a consultation.
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Our Legal Focus
Types Of Cases We Handle
Types Of Cases We Handle
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Proving Negligence In Your Personal Injury Case
Even in cases where it seems like fault is cut-and-dried, it still takes good methodical, legal legwork to establish negligence on the part of the defendant. Louisiana law requires that four elements be present for negligence to exist. All four of these elements must be proven or there is no case. Legally establishing negligence in the comprehensive manner required by Louisiana law is the job of the plaintiff’s attorney.
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Duty of Care
A defendant must owe a duty of care to the injured plaintiff. In some cases, this will be self-evident. The driver of a car owes a duty of care to everyone else on the road. A store owner has a duty of care to their customers. The manufacturer of a product has a duty of care to those who purchase the product.But there are other cases where duty of care is not so clear-cut. Does a property owner have a duty of care to an uninvited guest? That depends on the circumstances. Establishing the defendant’s basic responsibility to the plaintiff is the foundation of proving negligence in a personal injury lawsuit.
Breach of Duty
Next, it must be shown that the defendant breached the duty of care that was owed. The simple fact that the plaintiff injured can be sufficient in some cases—for example, in a product liability case or in premises liability when hazardous materials are involved. This is known as strict liability. However, most personal injury cases do not apply strict liability and the Baton Rouge personal injury attorney must show the defendant breached their duty.A breach means that a defendant failed to exercise a reasonable standard of care under the circumstances. The state of Louisiana does not expect people to be perfect. We are expected, however, to act reasonably and responsibly. A driver that is speeding or driving inattentively is breaching their duty. A property owner that ignores a hazard is breaching their duty. The owner of a dog with a history of aggressive behavior that still allows their dog to be in a public area is breaching their duty.
The issue of breach is often at the core of a personal injury lawsuit. It’s imperative that a lawyer have the experience necessary to properly investigate an incident and gather the information necessary to prove the plaintiff’s case.
Causation
Even after it’s been shown that the defendant breached their duty of care, it still has to be shown that this breach was the cause of the injuries. This is another area where some cases will be evident. The person that suffers a severe spinal cord injury because of a crash involving a drunk driver can likely show causation. But what about the person who suffers a neck injury in a fender-bender? Did the car accident cause the neck problems or were there pre-existing conditions? The insurance company representing the defendant will seek to separate the injury from the accident. Our lawyers will work hard to make sure the court understands the connection between incident and injury.Damages
Finally, it has to be shown that the plaintiff suffered damages and the scope of these damages must be demonstrated. Medical bills are a way to start showing damages. Plaintiffs might further introduce their W-2 or 1099 forms showing how much income has been lost. In cases that involve catastrophic injuries, there might be expert witness testimony involved to show that the plaintiff’s chances for advancement in their field are irreparably altered. The plaintiff’s lawyer must then fight to get a fair dollar value assigned to that loss.Damages are ultimately subjected to Louisiana’s pure comparative negligence law, which says that plaintiffs can collect damages in inverse proportion to their share of fault for the accident. This means a court can apportion responsibility on a percentage basis to each side. Let’s say it’s determined that a defendant was negligent, but the plaintiff still bore 40 percent of the responsibility for the accident. That means the plaintiff can only collect 60 percent of the total damage award. That means little details can add up to a lot of money, simply by shifting percentage points of blame in one direction or the other.
How Long Do I Have to File a Personal Injury Claim in Louisiana?
How long you have to file a personal injury claim in the state of Louisiana depends on the statute of limitations. Determines on a state by state basis, the stature of limitations is a law that determines how long claimants have to file a personal injury claim before they those their legal right to do so. According to the Louisiana Civil Code section 3492, the statute of limitations for personal injury cases in the state of Louisiana is one year.More specifically, this means you have one year from the date your injury occurred to file a claim, or you will lose your right to file along with your right to pursue compensation. The statute of limitations applies even if your injuries are very severe your injuries. It’s important to note that there are exceptions that can extend or shorten the amount of time you have to file, so it’s crucial to talk about the circumstances surrounding your case as soon as possible. Beall & Thies, LLC offers free, no-obligation consultations so you have nothing to lose by contacting our firm today!
Beall & Thies investigates cases diligently, negotiates them aggressively, and advocates for clients passionately. Call us at 225-383-3499 or fill out our online contact form to set up a free consultation.
What to Do After Suffering an Injury
Even if someone thinks they’re okay, it’s still important to get medical attention right away. Injuries to the back and neck might take days to manifest themselves. Even a concussion might not be immediately apparent. The most important reason to do this is for one’s own physical being. But it’s also important for any future legal proceedings. Failure to get medical attention can result in the defendant’s lawyers making the argument that the injury was not connected to the accident.It's also important to adopt a posture of silence. A person should not go on social media and offer any assurances of being okay, for all the reasons noted above. And above all, an injured party should not agree to an insurance company’s initial offer without consulting their lawyer.
The sooner an attorney can be brought into the picture, the better the injured plaintiff’s advocacy efforts can be. Furthermore, the state of Louisiana has a 1-year statute of limitations for filing a personal injury lawsuit. The clock starts ticking on either the date of the injury or the point at which the plaintiff could have been reasonably be expected to have been aware of a late developing injury.
Experienced Baton Rouge Personal Injury Lawyers Who Can Help
With over 20 years of experience as a firm, and individual experience among our attorneys exceeding a century, Beall & Thies has been through plenty of legal battles, including in cases involving the following:- Car Accidents: Issues of breach, causation, and comparative negligence are common in car accident cases. We’ll investigate everything from the police reports to the witness testimony in fighting to make our client’s case.
- Catastrophic Injuries: Injuries to the spinal cord or brain, along with severe burn injuries are devastating and life-altering. The financial settlement must reflect all of that, and damages can be more far-reaching than many people realize. We understand all that has to be considered in crafting a fair settlement.
- Truck Accidents: The nature of the trucking industry can make identifying who is liable more difficult than a standard car accident case. Our lawyers understand how to investigate all facets of an accident and the operation of the trucking company to pinpoint the right defendant, and then fight for a fair outcome.
- Dog Bites: At Beall & Thies, we’re confident that no law firm loves dogs more than we do—we have up to three in the office at any given time. That also means we have a deep sense of our responsibility as dog owners, and we don’t like it when that responsibility is breached by others. If you’ve been bitten, you have rights. We’ll fight for them.
- Wrongful Death: When a person dies, their absence can leave a big hole in a family. There’s the loss of counsel, of companionship and friendship. There’s the loss of the income they might have earned. The family has the right to bring a lawsuit and get some fair level of compensation for all that was lost.
- Motorcycle Accidents: Motorcyclists are owed a duty of care on the road, the same as the drivers of a car are. Furthermore, the nature of motorcycles can mean the injuries they suffer are more severe. The fault can also lie with a government agency if roads were not properly maintained. Let Beall & Thies do the legal heavy lifting in the work for a fair settlement.
- Product Liability: These cases take extensive investigation to determine if the negligence happened in design, assembly, or marketing. We’ve got the experience necessary to know how to do that investigative work.
- Premises Liability: Whether it’s a residence of a business, the owner has a responsibility to maintain their property in a way that makes it safe for visitors. We’ll work clients to get the information needed to show breach, causation, and damages.
When you’ve been injured, you need to know your lawyer has your back. Beall & Thies welcomes the opportunity to do the investigating, negotiating, and litigating that it will take to fight for a fair settlement.
Call today at 225-383-3499 or contact us online to set up a consultation.