Lafayette Personal Injury Lawyers

How Doran & Cawthorne, P.L.L.C. Can Help

Our Lafayette personal injury attorneys at Doran & Cawthorne, P.L.L.C. have extensive experience handling a wide range of personal injury and wrongful death claims.

We focus our practice on:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Premises liability
• Wrongful death
• Product liability
• Medical malpractice
• Catastrophic injuries

No matter how serious your situation may be, our team is here to help you protect your rights and fight for the best possible outcome. We know that no two cases are exactly alike, which is why we develop innovative and highly personalized legal strategies for every client.

Do I Have Grounds for a Personal Injury Case?

Under Louisiana law, you may file a personal injury claim or lawsuit when you suffer physical injuries or illness as a result of another person or party’s actions or inactions. In other words, if someone else was at fault for the incident that caused your injury, you likely have grounds for a claim.

As the person filing the personal injury claim (known as the “plaintiff”), you have the burden of proof. This means that you are the one responsible for proving your claim against the other party (known as the “defendant”). Proving your case will involve the following elements:

• Duty of care: First, you must establish that the defendant had a legal responsibility to you. This is known as the “duty of care,” and it typically involves certain responsibilities the defendant had to avoid causing you foreseeable injury. For example, motorists have a duty of care to others on the road in that they must obey the law and drive with caution to avoid causing accidents, which could lead to bodily injury or death.
• Breach: Next, you need to demonstrate that the defendant breached the duty of care. Most often, this involves proving that the defendant was negligent, careless, or reckless in some way, or that they acted wrongfully (i.e., illegally). For example, a motorist who drives under the influence of alcohol or texts behind the wheel is acting negligently, therefore breaching the duty of care they owe to others on the road.
• Injury: To have a personal injury claim, you must also prove that you were, in fact, injured. Even if someone was egregiously negligent or otherwise breached the duty of care they owed you, you only have a case if you can prove that you were injured and suffered measurable damages. “Damages” is a legal term used to refer to the economic and non-economic losses you suffer as a result of your injuries, including medical expenses, lost income, pain, and suffering.
• Causation: Lastly, to have a personal injury case, you will need to prove that the defendant’s negligent or wrongful conduct was the cause of your injuries. In other words, you must prove that the defendant was at fault for the incident that led to your injuries. Note that, under Louisiana’s rule of pure comparative negligence, you do not need to prove that the defendant was entirely or even mostly at fault to have a claim.

If you can prove each of these elements, you likely have a case.

At Doran & Cawthorne, P.L.L.C., our Lafayette personal injury attorneys conduct exhaustive investigations and work alongside an accident reconstructionist, medical professionals, and expert witnesses to obtain a clear picture of what happened and who is to blame.

We are prepared to handle every legal detail of your case so that you can focus on healing.

How Long Do I Have to File a Lawsuit in Louisiana?

The statute of limitations in Louisiana is one year from the date of injury. The statute of limitations is a law which limits how long you have to file a lawsuit. If the statute of limitations expires and you have not taken legal action, the court will almost surely dismiss your case.

Sometimes, when an injury is not immediately discovered, the statute of limitations extends to one year from the date on which the injury was discovered (or reasonably should have been discovered). Other exceptions may also apply, depending on the specific details of your case.

In any case, you should consult an experienced attorney as soon as possible.

When you reach out to our team at Doran & Cawthorne, P.L.L.C., we will immediately begin gathering information and evidence in support of your claim. We are happy to answer any questions you may have and provide personalized information specific to your case during a free consultation.

How Does the Personal Injury Claim Process Work?

Navigating the personal injury claim process can be overwhelming, especially when you're dealing with the aftermath of an injury. At Doran & Cawthorne, P.L.L.C., we believe that knowledge is power. Understanding each step can help alleviate some of the stress and uncertainty you may be feeling.

Here’s a brief overview of the personal injury claim process:

1. Initial Consultation: We start with a free consultation to discuss your case and assess your legal options.
2. Investigation: Our team gathers evidence, including medical records, witness statements, and police reports, to build a strong case on your behalf.
3. Negotiation: We will negotiate with insurance companies to seek a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
4. Filing a Lawsuit: If a fair settlement cannot be reached, we are prepared to file a lawsuit to ensure your rights are protected.
5. Trial: If necessary, we will represent you in court, advocating for your best interests and fighting for the compensation you deserve.

Each case is unique, and our dedicated team will guide you through every step, ensuring you understand your rights and options. With our expertise, you can focus on your recovery while we handle the legal complexities.

Don't face the challenges of a personal injury claim alone; let us help you achieve the justice you deserve.

More Frequently Asked Questions About Personal Injury Lawsuits

What should I do immediately after an injury?

After an injury, it's crucial to seek medical attention right away, even if the injury seems minor. Document the incident by taking photos and gathering witness information, and report the incident to the relevant authorities if applicable.

What types of compensation can I seek in a personal injury case?

You may be eligible to seek compensation for medical expenses, lost wages, pain and suffering, emotional distress, and sometimes punitive damages if the defendant's actions were particularly reckless.

Will my personal injury case go to trial?

Not all personal injury cases go to trial. Many are settled out of court through negotiations. However, if a fair settlement cannot be reached, your case may proceed to trial.

How is fault determined in a personal injury case?

Fault is typically determined by examining the circumstances surrounding the incident, including evidence such as witness statements, police reports, and photographs. Laws regarding negligence and liability will also play a crucial role.

What should I bring to my first meeting with a personal injury lawyer?

It's helpful to bring any documentation related to your injury, including medical records, accident reports, photographs, and notes about your experience. This will give the lawyer a clearer understanding of your case.

Reasons to Hire a Personal Injury Lawyer

Expertise in Personal Injury Law

One of the main reasons to hire a personal injury lawyer is their expertise in this specific area of law. Our personal injury lawyers have a deep understanding of relevant laws and regulations, as well as experience in handling these cases. We can provide invaluable advice and guidance throughout the legal process, helping you to make informed decisions that are in your best interests.

Access to Resources

Another advantage of hiring a personal injury lawyer in Lafayette is their access to resources that can help you build a strong case. Our personal injury lawyers work with medical professionals, accident reconstruction experts, and other specialists who can provide evidence that supports your claim.

Your lawyer will also be able to negotiate with insurance companies on your behalf, which can help ensure that you get the compensation you deserve for your injuries and other losses.

Knowledge of Court Processes

Our Lafayette personal injury attorneys at Doran & Cawthorne also have an intimate knowledge of court processes and procedures that can be extremely beneficial during litigation. Our attorneys understand how to properly file documents, present evidence, and argue cases before a judge or jury. This knowledge can be invaluable when it comes time for trial or settlement negotiations.

Contingency Fee Arrangements

Additionally, our personal injury lawyers work on a contingency fee basis, meaning we do not charge any fees upfront for our services and instead take a percentage of any settlement or award we help you obtain from the defendant or insurance company. This arrangement helps ensure that everyone involved has an incentive to reach an equitable resolution without costly legal battles.

Give us a call at (337) 222-3526 or contact us online to schedule a free consultation with one of our personal injury attorneys in Lafayette, LA.