Personal injury lawyers and attorneys are probably the most popular lawyers, next to criminal defense lawyers/attorneys. However, many people may not know exactly what it is that a personal injury lawyer does. Here are six circumstances in which you would need to contact a personal injury lawyer in the state of Louisiana.
#1: Medical Malpractice
Medical malpractice is one of the most common reasons that people in Louisiana (and all over the U.S.) contact a personal injury lawyer. In the majority of cases, medical errors are completely preventable as it is a medical professional’s responsibility to ensure the safety of their patient. Many mistakes, injuries, and errors that occur in a doctor’s office or hospital can be considered medical malpractice.
Surgical Mistakes
Failing to perform a surgery correctly or making a mistake during surgery (such as cutting another organ) constitutes a surgical mistake. Anesthesia errors can also fall under surgical mistakes since most surgeries require anesthesia.
Negligent Treatment
Failure to treat a patient (properly or at all) can be considered negligent treatment. Negligent treatment can lead to other serious injuries, diseases, disorders, or even death.
Misdiagnosis/Diagnostic Errors
Misdiagnosing diseases and illnesses, or improperly reading a diagnostic test can result in both an impairment or death.
Birth Injuries
Mistakes made during labor and delivery can result in oxygen deprivation and/or brain injuries that can significantly impact the child’s quality of life.
#2: Motor Vehicle Accident
Motor vehicle accidents are also a common reason why people call a personal injury lawyer. While Louisiana isn't in the top 10 when it comes to motor vehicle accidents, it is pretty high on the list compared to other U.S. states. The accidents are typically caused by the following:
- Speeding and reckless driving
- Drunk driving (and driving under the influence of drugs)
- Distracted driving
It’s important to note that bicycle, motorcycle, and pedestrian accidents can also be included under motor vehicle accidents. Because of this, it’s important to make sure that the lawyer you contact specializes in these areas too. The good news is that most do, so you won’t have to find a separate pedestrian, bicycle, or motorcycle accident attorney.
#3: Premises Liability
It’s the responsibility of property owners to ensure that their property is safe and won’t be a hazard to anyone who visits. However, this isn’t always the case and some people may need to hire a personal injury lawyer that has experience with premises liability. Some of the most common injuries that occur on a premise include:
- Slips and falls
- Inadequate security
- Dog and other animal bites
- Asbestos exposure
Of course, accidents can happen, such as someone slipping on a slippery floor. However, the owner of the premises will be held responsible if there are no signs indicating a wet floor or other potential hazards.
#4: Product Recalls
Over the years, there have been tons of recalls on products, and it’s usually because the products caused harm to consumers. Manufacturers have a legal responsibility to ensure that the products they make are safe for use or consumption. Negligent parties can also include suppliers, product designers, and retailers. A lawsuit can be filed on behalf of an individual or a group, such as with a mass tort or class action.
#5: Work Injury/Workers’ Compensation
Workers’ compensation is another common area of personal injury, and it involves compensation for workers who have been injured on the job. Employees are required by law to have workers’ compensation insurance if one or more of their employees get hurt while working, through no fault of their own. Some work injuries can cause a worker to lose wages temporarily, or permanently, or even earn less once they return to work. A personal injury lawyer who specializes in workers’ compensation can help you navigate your rights.
#6: Wrongful Death
Any of these circumstances listed above can result in death, and in this case a wrongful death lawsuit can be filed on behalf of the deceased by a family member. Death from an injury is classified as “wrongful” if the death was a result of someone’s negligence. Since medical malpractice, motor vehicle accidents, premises accidents, product recalls, and injuries sustained while working can all result from negligence, death that occurs from any of these can be filed under wrongful death.
Personal injury isn’t the only practice area that Louisiana lawyers and attorneys specialize in. The bottom line is to make sure that whatever you need a lawyer for, make sure to choose a firm that specializes in the area you need them for.