What is a personal injury case?
Personal injury describes any form of physical or mental harm suffered through someone else’s negligence. A personal injury case refers to a legal dispute that arises when a person is injured due to the fault of someone else. The case involves determining whether the responsible party is liable for the harm caused and the extent of damages that the injured person may be entitled to receive.
What are examples of personal injury claims in Baton Rouge?
Personal injury claims in Baton Rouge can stem from a variety of factors, and some of the most common types of personal injury claims in the area include:
- Car Wrecks and Truck Accidents: Car accidents are a leading cause of personal injury claims in Baton Rouge, and this includes accidents involving trucks and other commercial vehicles. These accidents can result in a range of injuries, including broken bones, head trauma, spinal cord injuries, and even fatalities.
- Defective Products: Product liability claims arise when a product is defective or unsafe, causing harm or injury to the user. Examples of defective products that can result in personal injury claims in Baton Rouge include faulty machinery, dangerous prescription drugs, and defective medical devices.
- Slip and Fall Accidents: Slip and fall accidents can occur due to hazardous conditions on a property such as wet floors, uneven surfaces, or poorly lit areas. These accidents can result in injuries such as broken bones, head injuries, and spinal cord injuries.
- Workplace Accidents: Workplace accidents can occur in various industries, and they can be caused by factors such as defective machinery, unsafe work conditions, or the negligence of others. These accidents can result in injuries such as burns, amputations, and traumatic brain injuries.
- Wrongful Death: Wrongful death claims arise when a person’s death is caused by the negligence or intentional harm of another person or entity. Wrongful death claims can result from a variety of situations, including car accidents, medical malpractice, and defective products.
If you have been injured due to the negligence of another party in Baton Rouge, it’s important to seek legal guidance from a personal injury attorney. The experienced Baton Rouge personal injury attorneys with Gordon McKernan Injury Attorneys have successfully recovered $2.5 Billion for victims of personal injury accidents in Baton Rouge and all over Louisiana. Give us a call at 225.888.8888 when you’ve been the victim of an injury caused by someone else’s negligence. You deserve compensation so you can heal from your injuries.
How Can a Baton Rouge Personal Injury Affect You?
A personal injury in Baton Rouge can affect you in various ways, depending on the severity of your injuries. Here are some common ways a personal injury can affect you:
- Physical injuries: Personal injuries can range from minor injuries like bruises and cuts to more severe injuries like broken bones, head trauma, and spinal cord injuries. Physical injuries can cause pain, discomfort, and limit your ability to perform daily activities or work.
- Emotional and mental distress: A personal injury can also cause emotional and mental distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions can have a significant impact on your quality of life and require ongoing treatment.
- Financial hardship: Medical bills and associated expenses can be expensive, and if you are unable to work due to your injuries, you may experience a loss of income. In some cases, a personal injury can result in permanent disability or impairment, which can result in lost earning capacity and financial hardship.
- Reduced quality of life: A personal injury can affect your ability to participate in activities you once enjoyed, such as hobbies, sports, or spending time with loved ones. This can result in a reduced quality of life and social isolation.
- Legal issues: Personal injury claims can be complex, and it’s essential to navigate the legal process properly. Failure to do so can result in legal issues, including denial of compensation or inadequate compensation.
Regardless of the injuries you’ve sustained, the medical bills and associated expenses you incur can be expensive. You might also find yourself missing other bills due to your inability to work after your injuries. If you’re suffering a permanent disability or impairment from your injury, you might be completely unable to work, resulting in lost earning capacity.
If you have been injured in Baton Rouge due to someone else’s negligence, it’s important to seek legal guidance from a personal injury attorney. They can help you protect your rights, seek the compensation you deserve, and provide support during a challenging time.
At Gordon McKernan Injury Attorneys in Baton Rouge, we believe you shouldn’t have to face these burdens alone. The responsible party and their insurance should fully cover your losses, both present and future.
How Can A Personal Injury Lawyer Help?
If you have suffered from an injury caused by someone else’s negligence, a personal injury lawyer may be able to assist you with your legal case and get you the compensation you deserve. Here are some ways that a personal injury lawyer can help you:
Reviewing your insurance policy
A personal injury lawyer can review your insurance policy to determine what types of damages are covered and the extent of your coverage.
Gathering evidence to help your claim
A personal injury lawyer can investigate the damage to your property and gather evidence to support your claim, including photographs, witness statements, and expert opinions.
Negotiating with the insurance company
A personal injury lawyer can negotiate with the insurance company on your behalf to ensure that you receive a fair settlement for your losses.
Filing a lawsuit
If the insurance company refuses to provide a fair settlement, a personal injury lawyer can file a lawsuit to pursue compensation for your losses.
Representing you in court
A personal injury lawyer can represent you in court and present evidence to support your case.
Unfortunately, insurance companies are not in the business of helping you heal—in fact, quite the opposite. They might call you early on with a settlement offer, but that is almost certainly the bare minimum, and nowhere near what you deserve. Insurance companies are incentivized to settle cases as quickly and cheaply as possible, and they don’t care about whether you heal from your injuries or not.
In contrast, a compassionate Baton Rouge personal injury attorney with Gordon McKernan Injury Attorneys has your best interests at heart and can help you recover the maximum available compensation for your injuries. We will advocate on your behalf against the faulty party and their insurance and even argue your case in court if it’s necessary.
Proving Negligence in a Baton Rouge Personal Injury Case
In order to recover compensation in your personal injury claim, you must demonstrate that your injuries were the result of the at-fault party’s negligence. The following four elements must be met for the other party to be held liable for your injuries:
- Duty – The defendant owed you a legal duty of care for your safety
- Breach – The defendant breached that duty through their action or inaction
- Causation – That action or inaction caused your injury
- Damages – You were harmed or injured as a result of that action or inaction
- In a car accident or truck wreck, the other driver can be held liable for your injury if they were speeding, driving distracted or under the influence, or otherwise flaunting traffic laws. In other cases, establishing liability can be a complex issue—but an experienced Baton Rouge personal injury lawyer will be able to help strengthen your claim.
What should I do after being injured due to negligence?
Immediately after you’ve suffered a personal injury, call 911. Not only can the first responders at the scene stabilize your injuries and give you life-saving medical care—their reports will serve as crucial evidence in your claim. The same goes for the law enforcement officer who arrives. Make sure to give them your statement and ask for a copy of the official police report.
While you should report your injury to your insurance, do not accept any settlement offer until you’ve called a lawyer and discussed your legal options. Remember: insurance is not interested in your well-being, but in settling your case as quickly and cheaply as possible.
When Should I Call A Baton Rouge Personal Injury Lawyer?
It is generally recommended that you call a Baton Rouge personal injury lawyer as soon as possible after an accident. This is because the sooner you involve a lawyer, the sooner they can begin gathering evidence, interviewing witnesses, and building a case on your behalf.
If you are unsure whether you have a valid personal injury claim, or if you are not sure whether you need a lawyer, it may be helpful to schedule a free consultation
with a personal injury lawyer. Gordon McKernan Injury Attorneys offer free initial consultations, where you can discuss the specifics of your case and determine whether you would benefit from their services.
Call Gordon McKernan Injury Attorneys at as soon as possible after your accident. A dedicated Baton Rouge personal injury attorney will listen to the details of your case and give you advice on how to proceed. We’ll also get started on your case right away, finding evidence, filing paperwork, and preparing arguments.
What Is The Statute Of Limitation In A Personal Injury Case In Baton Rouge?
In Baton Rouge, Louisiana, the law stipulates a 1-year statute of limitations on most personal injury cases. This means that if you wish to file a personal injury lawsuit, you must do so within one year of the date of the accident or injury, or you will lose your right to file a claim.
However, there are some exceptions to this general rule. For example, if the injury was caused by exposure to hazardous substances, the statute of limitations may be longer. It’s important to consult with a personal injury lawyer in Baton Rouge to determine the specific statute of limitations for your case. Our team at Gordon McKernan Injury Attorneys are available to help with your case today.
Baton Rouge Personal Injury Attorneys Dedicated to Helping Victims
When you’ve been injured in a personal injury accident, you’re likely in pain and suffering. You could also be dealing with mounting medical costs and no way to pay them. You need an advocate on your side to help you navigate the confusing legal landscape and to get you the maximum compensation for your injuries.
Gordon McKernan Injury Attorneys have 679+ years of combined legal experience practicing law in Louisiana, and during that time we’ve helped thousands of clients heal after their injuries. Give us a call at for a free consultation, and we’ll get started on your case right away. In fact, we won’t charge you a dime until we win or settle your case—that’s the .
Other Baton Rouge Personal Injury Cases We Handle
Frequent Answered Questions
- What is a Catastrophic Injury?
- What is Considered a Catastrophic Injury?
- How Are Personal Injury Settlements Paid Out?
- What is the Difference Between Bodily Injury and Personal Injury?
- Will my personal injury case go to trial?
- How do I pay for a personal injury lawyer?
- Do I need a lawyer if I’ve suffered a personal injury?
- How long do I have to file my claim?
- How long will it take to settle my claim?
- How much is my personal injury case worth?
- What damages are available in a personal injury case?
- What do I do after an accident?