New Orleans Slip-and-Fall Lawyer
When you’ve fallen on someone else’s property and endured serious injuries as a result of your fall, reach out to a qualified New Orleans slip-and-fall attorney for assistance in securing the compensation that is rightfully yours.
It’s easy to assume that a fall can only result in minor injuries, but in all actuality, slip-and-fall accidents can result in devastating injuries, including spinal damage, broken bones, traumatic brain injuries, and a number of other serious injuries, depending on a variety of factors.
Thankfully, when you reach out to an experienced New Orleans slip-and-fall lawyer at the Law Office of Braud & Gallagher, you’ll be able to focus on recuperating from your injuries without the encumbrance of financial worries. Our firm will work diligently to build a compelling injury case in your favor.
Culpability and Slip-and-Fall Accidents
The circumstances of your fall will largely determine who is at fault for the cause of your injuries. The majority of premises liability accidents determine that the owner of the property on which you fell is to blame for your losses. This is because it is the responsibility of the property owner to ensure that their property is safe for invited guests.
It doesn’t matter whether you fell at a place of business or at a close friend or family member’s home; in Louisiana, the property owner will generally always be liable for repaying you.
A few good examples of property owner culpability might include slipping on a wet floor at a restaurant or falling on a piece of torn-up flooring at a friend’s home. In either case, the owner should have either fixed the problem before someone got hurt or made you aware that you needed to be careful of the hazard in question.
Exceptions to Property Owner Fault
There are certain cases in which the property owner will not be compelled to compensate you in a court of law. If you were trespassing on private property when you slipped and fell, for example, the property owner cannot be expected to cover your losses.
Additionally, Louisiana’s premises liability law has a provision known as the open and obvious doctrine. If a danger is clearly visible and out in the open, the property owner may have a strong defense against your injury claim.
Let’s look closer at the aforementioned restaurant example. If you fell on the wet floor and there was no “wet floor” sign to warn you, the open and obvious rule would not apply. But if there was a “wet floor” sign, it is quite likely that the property owner will not be found liable.
Louisiana Statute of Limitations
There are numerous laws that will impact your case, but the most important of tort laws is arguably the statute of limitations. In Louisiana, if you fail to file your claim within one year from the date of your accident or the date of your diagnosed injury, then the civil courts will bar your case from being heard.
As can be seen, if you fail to file before the statute of limitations expires, you claim will be over before it even had the chance to begin.
Secure Maximum Repayment of Your Damages
The ultimate goal of any personal injury claim is to be awarded compensation that matches the amount of physical and emotional damages you’ve endured. With this in mind, your New Orleans fall attorney will need to know about all of your losses and the ways they have impacted your life. A few of the most frequently sought damages in a slip-and-fall accident include:
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Property damage
- Loss of companionship and love, in cases of wrongful death
- Scarring or disfigurement
- Lost wages and earning capacity
- Loss of household services
What’s more, if the property owner was intentionally trying to harm someone or if their actions are found to be egregious in nature, the judge may award you punitive damages, which will send the message that such actions are deplorable and will not be tolerated.
For a better idea of how much you can expect to be awarded in your case, get in touch with a slip-and-fall lawyer in New Orleans as soon as possible.
Work with a Slip-and-Fall Lawyer in New Orleans
When you’re ready to regain control over your life following the premises liability accident you were involved in, you can get help obtaining maximum recovery of your damages when you contact a New Orleans slip-and-fall lawyer at the Law Office of Braud & Gallagher.
Schedule your complimentary case evaluation today by completing the online contact form provided below or by calling our office at 1-800-256-5674.