Premises Liability Injury Accident Lawyer in Baton Rouge
Any time you visit a business or private property, you expect a certain level of care on the property owner’s part(s). In a hotel, you expect precautions to ensure safe stairwells, prevent attacks, and reduce the risk of slip and fall accidents. You assume safety at the swimming pool and as you walk the grounds. In a store, you assume that store owners and operators will take the time needed to offer a safe experience. Unfortunately, it does not always work out that way.
From electrocutions to falls to drownings, serious hazards in Baton Rouge businesses and private properties can pose significant dangers to individuals who visit those premises. If you suffered a serious injury due to a premises owner’s negligence, an experienced Baton Rouge premises liability attorney could help you determine your eligibility to seek compensation. Contact Gordon McKernan Injury Attorneys today to learn more about your legal right to compensation following a serious accident.
Living With Common Baton Rouge Premises Liability Injuries
Premises liability accidents often result in severe injuries, many of which can cause an impact across every area of a victim’s life. From electrocution to slip and falls, each type of accident can cause its own set of potential consequences in a victim’s life.
Sometimes, electrical shocks cause burns that show up on the victim’s skin. Other times, electrocution may leave no visible sign behind but cause an extreme impact on the victim. Electrical shocks can cause breathing difficulties, heart arrhythmia, seizures, and loss of consciousness. Often, victims require extensive rehabilitation before they can return to everyday life. Unfortunately, exposed electrical wiring anywhere in a building can lead to electrical shock, especially if you come into contact with a metal object.
Swimming pools pose a particular risk, both on personal properties and in hotels. An unfenced pool on personal property could issue a siren’s call to children and animals. Poorly maintained hotel pools, on the other hand, can heighten drowning risk. Slipping and falling into a pool, getting stuck on the bottom of the pool, or getting stuck around a ledge can all lead to drowning. Many drowning victims do not survive. Others may suffer brain or lung damage as a result of their injuries.
Elderly individuals, in particular, often suffer broken hips due to slip and fall accident injuries. Hip fractures cause pain, both while sitting and while standing. Many victims struggle to get around following their accident. In elderly victims, broken hips can also increase mortality rates. While a hip replacement can help repair the damaged limb, some victims struggle with movement and isolation during recovery.
Traumatic Brain Injury
If a slip and fall victim strikes his or her head on the way down when coming into contact with the ground, it can lead to traumatic brain injury. Victims with traumatic brain injury may see significant, ongoing issues in every area of their lives. Some victims with even minor traumatic brain injury cite continuing symptoms more than a year after their accidents. Victims with severe traumatic brain injury may never recover their former function according to CDC reports, Victims may struggle with decreased ability to focus or concentrate.
Traumatic brain injury can interfere with creative thinking, problem-solving, and control, including emotional regulation. Some victims with traumatic brain injury need round-the-clock care to help prevent them from making dangerous decisions. In some cases, victims with traumatic brain injury may even experience extreme personality changes.
Neck and Back Injuries
The spinal cord controls the transmission of messages throughout the body. A spinal cord Injury, which may occur in a slip and fall accident or when something falls onto the victim’s neck, can lead to full or partial paralysis. Neck and back injuries may also involve substantial, ongoing pain and discomfort. Often, neck and back injuries prevent victims from going back to work or participating in their favorite activities, especially if the victim previously engaged in extremely active behaviors.
In addition to the possibility of electrocution, some premises liability hazards can lead to severe burns. You may, for example, suffer from a severe burn injury if a landlord fails to moderate the water heater properly. If a fire breaks out, and the building does not have adequate, well-maintained fire detection and suppression system, or if the building does not have proper fire exits, you may suffer severe burns.
Burn injuries not only cause severe pain and suffering, but they can also cause immense scarring. Many burn victims spend a long time in recovery, especially if they suffer complications like infection or the need for multiple skin grafts to help decrease scarring.
GET THE G GUARANTEE™
No Fee Unless We Win
I’ll win your case or you don’t owe me a dime. No costs, no expenses, no fee. Nothing.
What to do After a Slip and Fall Accident
Baton Rouge Spinal Cord Injury FAQs
One of the worst parts about a spinal cord injury is all of the uncertainty that comes with it, including the numerous questions and concerns spinal cord injury victims have. However, you do not have to be left in the dark following a spinal cord injury accident. When you work with an experienced Baton Rouge spinal cord injury attorney, you will have someone on your side, providing you the legal help you need during this devastating time.
Our team at Gordon McKernan Injury Attorneys understands the complexities that come with spinal cord injuries and what lies ahead in terms of legal action. To help you better recognize what is involved in a spinal cord injury accident, we have created the following FAQ. We hope with these answers, we can give you the solutions you need and show you how our experienced spinal cord injury attorneys can help you.
1. Why is a spinal cord injury so devastating?
Spinal cord injuries are considered some of the most devastating injuries because these injuries involve damage to the spinal cord or the nerves running down the length of the spinal canal. Since the spinal cord and the brain make up the central nervous system, a complicated network that coordinates sensation and movement throughout your body, any damage to this system can stop the brain and the body from communicating effectively below the injury site.
2. Who can sue for a spinal cord injury in Baton Rouge?
Any individual, including an adult or child, can bring a spinal cord injury lawsuit in Baton Rouge. However, to file this suit, another individual must have caused your injuries. To determine whether you qualify to file a spinal cord injury lawsuit, it is in your best interest to speak with an experienced spinal cord injury attorney.
3. Who is liable for my Baton Rouge spinal cord injury?
To prove that another party is liable for your spinal cord injury, you need to show that the at-fault party was negligent by failing to meet a clear duty. If you cannot prove negligence, you need to show that the other individual intentionally harmed you.
As a result, some of the most common liable parties in a spinal cord injury lawsuit often include:
- A motorist who injured you in a car accident
- Medical professionals who did not provide you with appropriate care, which led to your spinal cord injury
- Businesses who do not provide you with a sufficiently safe environment or whose employees engaged in dangerous behavior and hurt you
- Manufacturers of faulty devices that led to your injuries
- Construction site operators
- Owners of dangerous public or private property
When you work with the law firm of Gordon McKernan Injury Attorneys, we can help you determine the at-fault parties for your accident and pursue compensation for your injuries from those parties.
4. Why do you need to investigate a Baton Rouge spinal cord injury accident quickly?
Performing a thorough investigation into the accident is crucial to figuring out what happened and who was at fault for your spinal cord injuries. This investigation should include gathering vital evidence, interviewing relevant witnesses, and collecting necessary reports.
The faster the attorney can start investigating the accident scene, the more likely he or she can review the scene in its post-accident condition and get critical evidence before it disappears. It is also essential to remember that this investigation is vital to your claim because, through it, your lawyers can establish fault, clear up liability, and determine the extent of your injuries. You should strive to avoid delays regarding the start of this investigation.
5. Will I need experts to prove liability and damages in my Baton Rouge spinal cord injury lawsuit?
Typically, the answer to this question is yes. Spinal cord injuries are incredibly serious. As a result, even if it seems apparent who caused your injury, it is still critical to establish liability and prove damages, which is why bringing experts is so important. These experts may include engineers, accident reconstructionists, doctors, economists, and human factor experts that can speak to the accident’s liability factors and help establish fault and the extent of your damages.
6. How much time do I have to bring a Baton Rouge spinal cord injury case?
The statute of limitations is a law that sets the maximum time a party has to initiate legal proceedings from the date of an alleged offense against the liable parties. In Baton Rouge, you typically have one year from the accident date to file a lawsuit. If you do not file within this allotted time, you may lose your right to collect compensation for your damages. However, your case’s specific circumstances may extend or shorten this period.
Determining the applicable statute of limitations is often quite challenging. Working with a Baton Rouge spinal cord injury lawyer is critical to ensuring that you do not miss any deadlines and that you file all of your motions on time.
7. Will a Baton Rouge spinal cord injury lawsuit take a long time to resolve?
Each spinal cord injury lawsuit is unique, meaning there is no way to know for sure how long a specific case will take.
Because of this, numerous factors may affect the length of a case, including:
- The extent of the injuries
- The complexity of the case
- The number of medical treatments required
- If the other side is willing to negotiate
Settling before knowing the full extent of your injuries is a huge mistake that can cost you substantially, which is why speaking with a spinal cord injury attorney can help you determine when the best time to file is. Additionally, if the insurance company is unwilling to negotiate, then your attorney may need to take your case to trial, where he or she can fight for maximum compensation. For these reasons, spinal cord injury cases can last anywhere from a few months to a few years.
8. What are some factors that may influence the value of my Baton Rouge spinal cord injury claim?
One of the most common questions that our firm receives is: “how much is my case worth?” Unfortunately, no attorney can provide you with an exact answer regarding how much money to expect for your injuries. However, an experienced and skilled spinal cord injury can go over certain factors that may influence the amount of your spinal cord injury claim and fight for maximum compensation.
These factors include:
- The severity of the spinal cord injury
- The treatments’ extent (is there a need for surgeries, caregivers, and future medical treatments?)
- The credibility of the witnesses and evidence presented
- Whether the spinal cord injury is permanent
- The ability to work following the spinal cord injury
- The emotional and mental trauma that you suffered as a result of your spinal cord injury
- Future earning capacity
When it comes to spinal cord injuries, because these injuries are so severe and typically result in life-long disability, the compensation amounts are often significant. Speaking to your attorney is critical in determining the maximum compensation you may pursue.
9. If the insurance company calls to discuss my Baton Rouge spinal cord injury accident, what should I say?
What most victims get wrong is believing that the insurance company wants to help following an accident. Unfortunately, this is rarely the case. The insurance company, like any business, wants to make a profit. When it has to pay out compensation for your injuries, it may end up losing money. That is why these companies will try any tactic they can to limit your compensation or deny your claim.
For these reasons, if the insurance company is calling, it is in your best interest to provide it with minimal information and indicate that your attorney will be handling all future discussions. Once retained, your spinal cord injury accident lawyer can take over these conversations and ensure that you do not say anything that may negatively affect your claim.
10. If the insurance company offers me a settlement after my Baton Rouge spinal cord injury, should I accept it?
It is always your decision to accept a settlement offer, but you should consider numerous factors before agreeing to anything.
Generally, if an insurance company offers you a settlement shortly after your accident, the company wants to pay you the least amount of money possible to close your claim as quickly as possible. These insurance companies know how vulnerable you are during this time, with the medical bills piling up, which is why these companies hope to use this difficult time to settle your case without providing you fair compensation.
Instead of jumping at this first offer, it is best to determine a more accurate estimate of the costs involved in your accident. Do not forget that you want to calculate current expenses as well as future costs. This means you need to wait to gather all medical records and have a good idea of what types of treatments and recovery you should expect in the future.
For these reasons, you need to talk to Gordon McKernan Injury Attorneys before you accept any insurance settlement amount. Our lawyers can go over your settlement offer and figure out if it is fair and covers your needs and expenses. If it does not, we can proceed with negotiations and go after a higher settlement amount.
11. Is there a cure for a spinal cord injury?
Unfortunately, currently, there is no cure for a spinal cord injury. Numerous treatments and medical options can improve an individual’s quality of life and symptoms, but no treatment can guarantee a spinal cord injury victim returns to normal. Hopefully, with continued research and promising advancements, more promising treatments are on the horizon.
Those treatments or technologies, however, may cost a lot of money. You will want enough from a settlement or judgment to help fund them if they prove effective.
12. Why should I retain Gordon McKernan Injury Attorneys to handle my Baton Rouge spinal cord injury claim?
Spinal cord injury lawsuits involve complex litigation and require extensive and detailed evidence and a thorough understanding of state law. If you were injured in a spinal cord injury accident, you need the legal team of Gordon McKernan Injury Attorneys fighting on your side.
When you work with our law firm, our lawyers can:
- Explain your case: We can go over your case in detail, provide you with the answers you need, and make sure you understand all of your legal options.
- Investigate: We will ensure that we do an in-depth investigation into your accident, gathering the critical evidence you need to prove fault and damages.
- Bring in the experts: Our team can bring in the experts you need to substantiate your claims.
- Handle negotiations: We understand that talking to the other side is stressful. However, once you retain our team, we can handle these negotiations and discussions for you, ensuring that your case is treated with respect while we fight for fair compensation.
- Take your case to trial, if necessary: If needed, we can prepare your case for trial and keep you informed every step of the way.
Following a Baton Rouge spinal cord injury accident, you have enough to worry about; you should not have to handle these complicated legal proceedings on your own. Instead, contact Gordon McKernan Injury Attorneys today, and let us provide you the legal help you need.
At Gordon McKernan Injury Attorneys, we understand what spinal cord injury victims are going through, and we help them and their families pursue justice and compensation. Our legal team has experience handling cases that involve spinal cord injuries, both minor and severe, and we are ready to use our experience and resources to help you pursue maximum compensation for your spinal cord injury.