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Personal Injury Attorneys in Baton Rouge
Personal injury is described as any form of physical or mental harm suffered through the negligence of another person. The most common type of personal injury claims are car and truck accidents, but personal injuries can happen as the result of a variety of things such as defective products, negligent medical care or error, slip and falls, plant explosions and industrial workplace accidents, and the wrongful death of a family member or loved one.
The personal injury attorneys at Gordon McKernan Injury Attorneys in Baton Rouge, Zachary, Gonzales, and Denham Springs have successfully recovered compensation for victims of personal injury accidents. In order to recover this monetary compensation in a personal injury case, the injured party must demonstrate that their injuries were the result of the careless actions or wrongdoing of the at-fault party. In a car wreck or big truck accident, the other driver may be held liable for your injury or damages if they failed to follow traffic laws by speeding or driving distracted (Ex. texting while driving or driving under the influence of drugs or alcohol).
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How a Personal Injury Affects You ?
Regardless of the injuries you’ve sustained, the medical bills and associated expenses you incur can be extensive. Common car accident injuries include wrist and ankle fractures, whiplash, head trauma, and lower back injuries. In many cases, you’re unable to work and earn income as a result of your injury. Common consequences that you suffer at the result of a personal injury also include the inability to pay your mortgage or medical expenses and sustaining a painful chronic condition or a permanent physical impairment. At Gordon McKernan Injury Attorneys in Baton Rouge, we believe that you shouldn’t have to face these burdens alone. The responsible and liable party and their insurance company should cover your losses fully. Unfortunately many times these insurance companies have tactics they use to limit their liability and settle cases for the smallest amount possible. For these reasons and many more, it is very important that you seek help from a lawyer if you’ve been involved in an accident that resulted in personal injury.
Our Attorneys are Dedicated to Helping Victims
Individuals that are involved in an accident resulting in personal injury are often unsure of whether or not
they should hire an attorney or try to handle the claim on their own. If at any time you are in a situation
where you are uncertain of your legal rights, it’s best to contact a lawyer. For example, if you’ve been
hurt in a car wreck the insurance adjuster may contact you for a statement or to sign a document in which
you’re unsure what it means. In this situation, if you’re equipped with an experienced personal injury
attorney they will be able to communicate with the insurance company and other parties on your behalf. At
Gordon McKernan Injury Attorneys in Baton Rouge, our attorneys will negotiate to ensure that you receive fair compensation that covers the costs of your suffering, injuries, and property damages.
What’s the Next Step?
The next step is to speak with an attorney. Contact us online now or by telephone at 225.888.8888. We offer a free initial consultation and you won’t pay a penny unless we win your personal injury case.
Common Baton Rouge Personal Injury Claims
Speaking with one of our experienced Baton Rouge injury accident attorneys will help you determine your next steps in filing an injury claim. If you’d still like to explore more information review some of our practice areas where we discuss a specific type of claim in more detail.
Dog Bite Injury
Drunk Driving Accident
Nursing Home Abuse & Neglect
Premises Liability Accident
Slip and Fall Accident
Spinal Cord Accident
Personal Injury Settlements & Verdicts
Settlements & Verdicts – Workers’ Compensation
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Frequently Asked Questions
Watch these videos for all the answers to your important questions about car wrecks and a car wreck claim.
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Baton Rouge Personal Injury FAQ
Getting injured is never pleasant. Fortunately, many injuries heal quickly so people can return to their everyday daily lives. Yet, sometimes injuries are severe and have a long-term impact on a person’s life. The entire idea of an injury is worse when you know it resulted from negligence and entirely preventable. Suppose you sustained injuries because of someone else’s negligence or intentional harm. In that case, the law might permit you to seek compensation for civil court damages from the individual, business, or entity that caused your injuries.
Motor vehicle accidents are the most common events that lead to Baton Rouge personal injury claims. Still, many other scenarios can lead to preventable injuries, such as defective products, medical negligence, slip and fall accidents, abuse, and more. If you recently sustained a serious injury, you likely feel overwhelmed, anxious, angry, and unsure about what you should do next.
Consult an experienced Baton Rouge personal injury lawyer at Gordon McKernan Injury Attorneys to learn the best way forward for your situation. Until you have the chance to discuss your case with an attorney during a free consultation, the answers to the following frequently asked questions about personal injury cases in Baton Rouge provide preliminary information about recovering compensation from another party who harmed you or a loved one.
What Types of Cases do Your Baton Rouge Personal Injury Lawyers Take?
Many events and situations can lead to personal injury lawsuits. At Gordon McKernan Injury Attorneys, we have the knowledge and resources to help you take legal action after an accident or injury. Yet, some scenarios occur more often than others.
Types of personal injury claims we often see in our practice include:
- Traffic accidents, including car accidents, drunk driving accidents, motorcycle accidents, and truck accidents
- Workplace injuries/workers’ compensation
- Injuries from explosions and fires
- Maritime/offshore accidents
- Defective products
- Wrongful death
What Injuries Require Legal Counsel to Help With a Baton Rouge Personal Injury Claim?
Any kind. You do not deserve disruptions in your life or feel physical, emotional, or financial pain because of someone else’s wrongful conduct. If that has happened to you, contact a personal injury lawyer for a free consultation to discuss your case.
Common types of injuries often associated with personal injury claims include:
- Severe fractures, especially those that require surgery
- Head traumas and traumatic brain injuries (TBIs)
- Neck injuries
- Back and spinal cord injuries
How Severe do my Injuries Need to be to Bring a Baton Rouge Personal Injury Lawsuit?
There is no rule for measuring whether an injury is “bad enough” to warrant a personal injury lawsuit. Instead, what matters is whether an injury has caused you any physical, emotional, or financial harm and, if it has, the impact that injury has inflicted on your life.
Do not trust yourself to evaluate whether your injuries make a lawsuit worth the effort. Instead, let an experienced Baton Rouge personal injury lawyer be the judge of that harm and those impacts. It may surprise you to learn about the many different forms of harm that an injury can cause, for which you deserve compensation under Louisiana law.
Talking with an attorney about your injuries and how they have affected, you is free, confidential, and comes with no obligation to move forward. In other words, you have nothing to lose in learning about your legal rights and options and potentially lots to gain.
How Much Time do I have to File a Baton Rouge Personal Injury Lawsuit?
Louisiana is among the states with the shortest time limit for filing a personal injury lawsuit. If you suffered injuries in Baton Rouge, you might have only just one year to file a personal injury lawsuit under Louisiana law. That is why you must contact an experienced personal injury attorney right away after suffering any injury in Baton Rouge because of someone else’s careless, reckless, or intentional actions.
Missing the deadline for filing a personal injury lawsuit will usually result in the loss of your legal rights to compensation for your injuries and losses.
Louisiana law does provide for some common exceptions to this one-year time limit, but determining if your case falls within an exception can get tricky. For example, the statute of limitations for a child who has suffered injuries due to abuse, neglect, negligence typically does not begin to run until their 18th birthday, but only if the child’s parents do not take action on the child’s behalf in the meantime.
Likewise, the clock may not begin ticking if the injury a person suffers in Baton Rouge is one that you would not reasonably expect the person to discover right away. For example, this can happen in cases involving defective medical implants or long-term exposures to toxic chemicals.
Bottom line: Waiting to speak with an experienced Baton Rouge personal injury attorney puts your legal rights at risk. Do not make the costly mistake of waiting too long to seek the legal help you need. Contact a skilled Baton Rouge personal injury lawyer immediately after you suffer any injury or illness that may have resulted from someone else’s wrongful decisions or actions.
Can I afford to Hire a Personal Injury Lawyer in Baton Rouge?
Yes, you absolutely can.
Our personal injury lawyers know that their potential clients often face extreme financial difficulty. That is why lawyers offer free consultations for potential clients who have suffered personal injuries. In an initial consultation, Baton Rouge personal injury lawyers learn about the facts and circumstances of an injury and offer their initial impressions of whether the potential client has a case to pursue. These first meetings also give the potential client the chance to get a feel for the lawyer’s skill and level of experience.
Personal injury lawyers also virtually always represent their clients on contingency. A contingency fee arrangement makes it possible for any client to afford top-notch legal counsel, no matter their financial circumstances. In a contingent fee arrangement, clients do not have to pay a dime to the lawyer upfront or as the case progresses. Instead, attorneys do their work in exchange for a percentage of any money they secure for the client. They get paid, in other words, only if their client gets paid.
So, never let money worries keep you from speaking with a skilled Baton Rouge personal injury lawyer. The only thing you can’t afford is to go without the legal advice you need.
Who Pays my Medical Bills After I Suffer Serious Injuries in a Baton Rouge Accident?
You are principally responsible for paying your medical bills, even when another person, business, or entity causes your injuries. Where the money comes from to pay those bills depends on what happened and who is to blame.
Typical sources of payment may include:
- Your insurance, such as health, homeowners, auto, or long-term disability policies you carry;
- Workers’ compensation insurance, if you suffered your injuries in connection with work; and
- The at-fault party’s insurance or assets, if your injuries result from someone else’s unreasonably dangerous decisions or actions.
You may have to wait months or longer for some of the compensation sources above to pay you the money you need to cover your bills. In the meantime, it can help to communicate your situation to your healthcare provider’s billing department, so they understand you are waiting for a resolution to your case. An experienced Baton Rouge personal injury attorney can often help have these discussions and work out payment deferrals or other arrangements with healthcare billing departments.
Will I Have to go to Court for my Baton Rouge Personal Injury Case?
Each claim is different, and many personal injury cases settle long before litigation, especially those involving traffic accidents. Regardless of what led to your personal injuries, both sides have the motivation to avoid costly litigation.
However, it is not always easy to predict which cases will settle and which ones will go to a trial in front of a Baton Rouge judge and jury. For that reason, personal injury victims benefit from hiring a lawyer who has years of experience in handling both settlement negotiations and trials. Sometimes, the mere fact that you have a skilled trial lawyer with a strong reputation advocating for you can convince defense attorneys and insurance companies to settle with you rather than take their chances against your lawyer in a courtroom.
Should I Accept the First Offer From an Insurance Company?
No. Never accept the first settlement offer from an insurance carrier without discussing it with our personal injury attorneys.
Insurance companies are concerned about their bottom line; they want to make and keep the money. They commonly make low-ball opening settlement offers as a tactic to avoid large settlement payouts or jury verdicts later on. This is especially true when the insurance company knows their policyholder is at fault for your injuries.
Claims adjusters make these offers in hopes of enticing personal injury victims like you to take what seems like a lot of money right away. In accepting an offer like that, however, victims must also sign an agreement and waive their right to take legal action for their injuries. This is especially problematic when victims are unsure about the full scope or extent of their injuries. Accepting an offer too soon can leave injured people with unpaid medical expenses and more lost wages for missing work.
Upon receiving an offer from an insurance company, the safest course of action is virtually always to bring the proposal to an experienced Baton Rouge personal injury lawyer to review who understands how to place an appropriate value on a personal injury claim and can negotiate with an insurance company to secure maximum payment.
Can I Sue my Boss if I got Hurt at Work in Baton Rouge?
Typically, you don’t need to sue your boss for injuries or illnesses you sustain at work because most employers carry mandatory workers’ compensation insurance that covers you (and protects them) against the costs of an occupational illness or injury. You must file a claim with your employer’s workers’ comp insurer to receive benefits in the event of a workplace injury. We can help you do that and make sure the workers’ comp carrier doesn’t try to shortchange or cheat you out of the benefits you deserve.
However, if your boss fails to carry workers’ compensation insurance as required by law, tries to retaliate against you for filing a workers’ comp claim, or engages in other bad faith behavior, you might have grounds to sue your employer.
In some situations, a third party can share liability for a workplace injury. For example, if a defective piece of machinery causes injury, the equipment manufacturer could be liable. Similarly, if a careless driver crashes into you while you are on-the-job in a company vehicle, you likely have grounds to sue the driver. A personal injury lawyer can review the circumstances of your workplace injuries and identify any potential third parties who might share liability.
How Much Time Will it Take to Resolve my Baton Rouge Personal Injury Claim?
Many factors influence how long it takes to settle or litigate a Baton Rouge personal injury claim. If you suffered minor injuries and the other side doesn’t heavily dispute liability, you could reach a settlement agreement in a matter of weeks or months. In situations involving severe injuries, multiple parties, and liability disputes, it may take longer. A case that goes to trial may last a year or more.
By and large, you and your lawyer do not have much control over the factors that influence the timeline of a personal injury case in Baton Rouge. However, you do exercise total control over one critical factor in the timeline: when you speak with an attorney for the first time about your case. The sooner you take that all-important first step, the sooner the rest of the process can begin and, hopefully, get resolved in your favor.
Gordon McKernan Injury Attorneys
5656 Hilton Ave
Baton Rouge, LA 70808