Personal Injury

The legal concept of “personal injury” refers to the practice of shielding individuals from harm that is the direct or indirect result of the carelessness, malpractice, or intentional wrongdoing of another individual or party. This can include any of the following: one driver’s failure to obey a stop sign resulted in a sideswipe collision with another vehicle, causing injury to the other driver; an injured child because of a poorly designed child safety seat; another person’s car damaged someone’s property or vehicle.

An accidental personal injury sustained in an automobile accident caused by another driver’s negligence can make it difficult to determine your future. The cost of medical care, the potential loss of income, and any damage to your vehicle are potential sources of unneeded stress and hardship. But there is still cause for optimism. Take legal action when the carelessness of another person causes you injury or results in the loss of a loved one.

Contact David E. Stanley, APLC if you have been affected by a severe or catastrophic personal injury or the untimely passing of a loved one. For more than 35 years, he has been steadfast in pursuing just compensation for people hurt in automobile accidents and their families. In addition, he routinely engages in negotiations with insurance companies and defense attorneys to secure total compensation for the losses and damages that his clients have incurred.

Mr. Stanley is known in Baton Rouge and throughout the state of Louisiana for successfully obtaining total and substantial compensation for his injured clients. Allow him to help you as well.

Contact David E. Stanley For A Consultation Today!
Call 225-399-0709!

Personal Injury: An Overview

Personal injury law has many facets in which attorneys can specialize, making it challenging to find the right lawyer to represent them in a specific type of case.

Different Types of Personal Injury

Often, when people think of personal injury, they usually think of broken bones, lacerations, and soft-tissue damage. However, numerous types of personal injury may or may not involve bodily harm. Physical, financial, intentional, and reputational injury are the four types. One of these categories may be interested in a personal injury lawsuit.

Bodily Injury

To most people, “personal injury” refers to a bodily injury. This type of injury encompasses any illness, disability, or physical damage caused or made worse by the negligence of another party. Most personal injury cases involve some injury, ranging from relatively minor to life-threatening.

Financial Injury

In many instances of physical injury, there is also some degree of financial damage, which can take the form of significant medical bills or a loss of income due to the victim’s inability to work. However, it is also entirely possible, albeit significantly less common, for a person to sustain financial damage without first suffering physical harm. For example, a person has suffered an economic injury when another party’s negligence threatens their capacity to maintain a current standard of living or significantly decreases the value of their property.

Damage Done To One’s Reputation

Damage to one’s reputation can significantly negatively affect their emotional and financial well-being. This category of personal injury encompasses situations in which a person has been slandered or defamed.

Negligence

Most cases involving personal injury involve negligence, which can be defined as the failure to fulfill a responsibility in a way that causes harm to others. On the other hand, there are situations in which the damage is purposefully inflicted or the result of extreme carelessness that it could be construed as intentional.

Benefits Of Hiring A Personal Injury Lawyer

Hiring an experienced personal injury attorney has a lot of advantages. But, first, they are going to:

Ascertain Whether You Have A Case

A person injured because of someone else’s actions or negligence may file a personal injury case. However, the circumstances of your accident may work against you. A skilled lawyer will know what to look for to determine whether or not you have a case.

Claim Compensation For Your Injuries

You may be entitled to compensation for your physical injuries and emotional distress. Personal injury lawyers will seek compensation in every possible way. Furthermore, people who hire a lawyer are more likely to receive a large settlement than victims who represent themselves.

Let The Appropriate Parties Take Responsibility

The defendant’s attorney and the insurance company will do everything possible to avoid liability for your injuries. An experienced personal injury lawyer is familiar with these tactics and will work to prevent the defense from succeeding.

Assist You In Meeting The Statute Of Limitations

Each state has a time limit for personal injury victims to file charges. This is different for each state. So, depending on where you live, you may have one year, two years, or more. Therefore, getting the services of a personal injury attorney in your area as soon as possible is beneficial to you because they are aware of your state’s statute of limitations. They make sure that you meet this deadline.

The Kind Of Injury

Many states have time limits for various types of personal injury cases. Accidents involving product liability, for example, have their own set of requirements.

When the Injury Was Found

The time limit for filing charges in most personal injury claims begins on the day of the event that caused the injury. Alternatively, the statute of limitations starts when the injured becomes (or should have reasonably become) aware of the damage and its cause under the “discovery of harm” rule.

Age of Involved Parties

If a minor is injured, depending on state law and the type of injury, the clock usually does not start ticking until they reach the age of 18. On the contrary, medical malpractice may have a shorter time limit if a minor is involved.

Claims Against the Government for Injuries

Individuals filing a claim against a federal, state, or local government entity, employee, or affiliate must notify the government of the charges (the notice of claim) within 60 days of the injury.

Three Factors Affecting Personal Injury Liability

Stringent Liability

A defendant can be held liable for damages caused by his actions or negligence under the legal doctrine of strict liability, irrespective of whether the accident or injury was his “fault.”

Knowledge, Experience, and Background of the Defendant

For instance, a doctor who administers first aid in an emergency would be held accountable for a greater standard of care than a layperson who carries out the same action because he supposedly has the knowledge and experience of giving first aid treatment.

Determining If The Actions Of The Defendant Were The Direct Cause Of The Accident

If the actions of the defendant were the direct cause of an injury, they could be held liable for the damage. On the other hand, if he is the intervening cause (his action triggered a chain of events that resulted in injury), he can be absolved of responsibility.

Pursuing Compensation For Personal Injury

After an accident, it may seem like an impossible task to sort out the medical bills, go through the necessary procedures, make up for lost time at work, and provide or manage all of the critical care. David E. Stanley is here to help lighten the load for you. He gives your case the individual attention it deserves and will act as your buffer when dealing with the insurance company, filing paperwork, or dealing with legal issues because he is aware that the majority of injuries are irreparable or may require time to heal.

David Stanley can assist you in the pursuit of compensation for cases involving the following:

Severe car accidents
Fatal accidents involving trucks or motorcycles
Roads, bridges, and railroad crossings that are in poor condition
Products with flaws and defects
Accidents and injuries related to factories, factories and industries, and construction sites
Unjustifiable fatalities
Injuries caused by dogs and issues relating to premises liability

Collaborating with a personal injury attorney like David E. Stanley is important. He is compassionate and highly skilled in assisting you in securing the most favorable outcome possible for your future today. In addition, the law firm represents clients who have suffered the most severe injuries, such as those that have caused them to become paralyzed, suffer burns, or suffer internal injuries.

Requirements For Filing A Lawsuit

An injured individual must fulfill a number of minimum requirements before they may pursue a personal injury claim. They are as follows:

The plaintiff must bring the personal injury claim before the statute of limitations in your state expires.
The claim needs to be legitimate and capable of being resolved through the legal system. In other words, the complaint must be fair, and the defendant must establish that:

1. They suffered a physical or emotional injury.
2. Someone else (the defendant) caused, and is at fault for, the injury (fully or partially, depending on your state’s liability laws). The defendant’s negligence, or intentional or unintentional action caused the damage.
3. They suffered a monetary loss because of the injury.

Frequently Asked Questions

What Exactly Is Considered a Serious Personal Injury?

Accidents that result in permanent injury, dismemberment, loss of bodily function, or even death are examples of severe personal injury claims that can be filed.

What Are The Types Of Compensation For Damages?

Types of compensation for damages depend on the victim’s injuries, the circumstances of the accident, and the case resolution. While the victim is obligated to try to minimize the victim’s losses, they may seek economic compensation and, in some cases, punitive damages to cover financial losses, such as:

- Future medical costs
- Current cash value (current value of projected future earnings)
- Wages lost
- Medical costs
- Household services (the cost of hiring someone to look after the plaintiff’s home while they are recovering)
- Physical and mental anguish, such as:
- Anguish in the mind
- Consortium dissolution (loss of the benefits of a relationship because of the accident or injury)
- Dissatisfaction with life
- Suffering and pain
- Permanent incapacity
- Disfigurement
What Exactly Is A Personal Injury Lawsuit?

A personal injury lawsuit is a collection of facts that entitles a person to monetary compensation for accident-related losses. This is referred to as a tort lawsuit.

Reliable Personal Injury Attorney

Money cannot erase your pain, but it can make a difference for you and your family to avoid future financial hardship. Should the negligent party deny fault or their insurance company refuse to pay what they owe you, David E. Stanley, APLC is prepared to wage an aggressive fight for total and just compensation for your injuries.

To know more about the legal services offered by David E. Stanley, call the Baton Rouge office at 225-399-0709. You may also send Mr. Stanley an email to arrange a consultation at your earliest convenience. He will represent you on a contingency fee basis. This means you will pay no fee unless he recovers compensation for you.