General Negligence Lawyer in Louisiana

Have you or a loved one been injured as the result of someone else’s negligence? You could be entitled to financial compensation for your injuries and other damages. When you call Gordon McKernan Injury Attorneys at 888.501.7888, you’ll receive a free consultation on your case where you can tell us what happened. When we take your case, we won’t charge you a dime until we’ve won—that’s the G Guarantee.

How Gordon McKernan Injury Attorneys Can Help Your Personal Injury Case

If you’ve been hurt due to someone else’s actions, you can enlist the help of a Louisiana personal injury lawyer to collect compensation for your injuries. The general negligence attorneys with Gordon McKernan Injury Attorneys have over 679+ years of combined legal experience handling negligence cases. Give us a call or fill out our easy-to-use online form below to explore your legal options after being injured.

What Is Negligence?

Louisiana Civil Code, Article 2315 (A), states that

Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

This broadly-applicable statute is the basis for all Louisiana personal injury cases, and encompasses a wide range of negligent and intentional acts. The court will establish your claim using the following five-prong analysis:

1. Was the defendant’s conduct a cause in fact of the harm? If the victim would not have been injured but for the defendant’s conduct, the case passes this test.
2. Did the defendant owe the plaintiff a duty of care? This duty can be defined by statute, regulation, or custom.
3. Did the defendant breach their duty of care? A breach of duty of care can be caused by negligence or by an intentional act.
4. Did that breach of duty lead to the accident? For example, all drivers have a duty to other drivers not to drive while distracted or drunk. A drunk driver who runs into another has caused an accident due to their breach of this duty.
5. Did the plaintiff suffer damages due to the accident? Damages can be economic damages, such as hospital bills or the cost of repairing or replacing a vehicle, or noneconomic damages such as pain and suffering or loss of enjoyment of life.

Pure Comparative Negligence

Louisiana is a pure comparative negligence state, meaning that parties to an injury lawsuit are assigned liability based on their role in the accident. This has two main takeaways for your negligence injury claim:

• Multiple parties can be held partially liable for your injuries, including the other driver, their car’s manufacturer, government entities responsible for road upkeep, mechanics, and others.
• Even if you’re found partially liable for the accident, you can recover compensation for some of your damages. For example, if you’re in an accident and sustain $50,000 in damages, but are found 55% liable for the accident, you can still recover $22,500 in an injury claim.

Accidents Commonly Caused by Negligence

You might be surprised to learn that negligence can cause any number of accidents. In fact, nearly every accident is caused by someone not paying attention or cutting corners. At Gordon McKernan Injury Attorneys, we’ve helped clients recover compensation for injuries caused by a variety of factors, including the following:

• Accidents caused by lax, absent, or negligent security
• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Bicycle accidents
• Accidents at construction sites
• Industrial accidents
• Delivery truck accidents
• Medical malpractice, including birth injuries, lab mistakes, medication errors, misdiagnosis, surgical errors, and wrongful death
• Bus accidents
• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall accidents
• Rideshare accidents

What Damages Can I Recover for My Negligence Injuries?

If you’re a Louisiana personal injury victim, you could be entitled to recover compensation from the negligent party that caused your losses—which legally are called “damages.” Louisiana personal injury law allows for multiple types of damages, depending on what the victim has suffered:

• Compensatory damages compensate the injured party for their losses. There are two categories of compensatory damages: economic damages and non-economic damages:
  • Economic damages compensate the victim for their tangible economic losses, including
    • Medical bills
    • Future medical expenses
    • Costs of rehabilitation and associated treatment
    • Lost wages
    • Loss of future income or earning potential
    • Property damage
  • Non-economic damages are intended to compensate victims for their losses that are harder to quantify, such as
    • Pain and suffering
    • Emotional distress
    • Physical disability
    • Disfigurement
    • Loss of enjoyment of life
• Punitive damages are rarely awarded in cases of extreme negligence or wrongdoing. These damages are awarded, not to compensate the victim, but to punish the defendant and dissuade them from repeating their actions. For example, punitive damages may be awarded if an industrial company concealed its knowledge of an impending explosion at the plant, putting hundreds of workers and community members in danger.
• Wrongful death damages are those awarded to the family of a deceased victim on their behalf. Surviving family of a wrongful death victim could be eligible for
  • Funeral expenses
  • Burial expenses
  • Loss of companionship
  • Loss of financial support
  • Loss of moral support
  • Loss of guidance or advice
  • Loss of consortium

What to Do If You’re the Victim of Another’s Negligence

If you’ve suffered harm due to the fault of another in Louisiana, you deserve to have your case heard and to fight for your right for compensation. The experienced negligence injury lawyers with Gordon McKernan Injury Attorneys have helped our clients win over $3 Billion in damages for their injuries, and we can help you too. Give us a call today at 888.501.7888 for a free legal consultation about your case. A dedicated personal injury lawyer will listen to what happened, provide guidance, and begin working on your case right away.