Shreveport Injury Lawyer > Shreveport Personal Injury

Shreveport Personal Injury Lawyer

When you endure a major injury in a traumatic accident, your immediate focus is likely on physical and emotional recovery rather than considering legal action. However, it’s crucial to understand that financial recovery is an integral part of the healing process. Filing a personal injury lawsuit can provide the financial resources necessary to support your recovery journey. At Rice & Kendig, your local personal injury law firm in Shreveport, LA, we are deeply passionate about assisting injured victims in not only obtaining justice for their suffering but also in achieving full recovery. With over 40 years of combined experience, our Shreveport personal injury attorneys possess the expertise and dedication needed to safeguard your rights throughout the claims process and ensure that your settlement amount is fair and just. Take the first step towards obtaining the compensation you deserve by calling a Shreveport personal injury attorney at 318-222-2772 to schedule a free consultation today.

What is Personal Injury Law?

Personal injury law, also referred to as tort law, encompasses legal matters where individuals suffer harm due to the negligence, recklessness, or intentional actions of others. This branch of law allows injured parties, known as plaintiffs, to seek compensation from the responsible parties, known as defendants, for the damages they have incurred. Personal injury cases can arise from a wide range of incidents, including traffic accidents, slip and fall accidents, medical malpractice, workplace injuries, defective products, and more. The primary goal of personal injury law is to provide justice and financial compensation to victims for their losses, which may include medical expenses, lost wages, pain and suffering, and other related damages.

Many personal injury lawsuits can be complex, requiring a thorough understanding of legal principles and procedures, which is why it’s essential to seek guidance from an experienced personal injury lawyer at Rice & Kendig.

How Does a Personal Injury Claim Work?

Navigating a personal injury claim involves several key steps that guide the process from initial consultation to resolution. Here’s a brief overview of what the legal process looks like for most personal injury cases.

Consultation: Potential clients can expect to start the personal injury claims process with a consultation with their attorney of choice. During this step, the details of the case are discussed, and the attorney evaluates whether or not the situation is worthy of filing a claim. At Rice & Kendig, we offer a free case evaluation for all new injured clients.
Investigation: Following the consultation, an attorney will conduct a thorough investigation into the accident, gathering evidence, collecting witness statements, and assessing liability.
Filing a Claim: If the investigation reveals grounds for a claim, then personal injury attorneys work on filing a formal complaint with the court or submitting a claim with the insurance company representing the at-fault party.
Negotiation: Once the claim is filed, negotiations commence between the parties involved, aiming to reach a fair settlement that adequately compensates the injured party for their losses.
Litigation: If negotiations fail to yield a satisfactory outcome, the case may proceed to litigation, where it is presented before a judge or jury who will determine liability and damages.

Throughout this process, the personal injury attorney acts as an advocate for the injured party, representing their interests and seeking the best possible outcome on their behalf.

Types of Tort Claims That Our Shreveport Personal Injury Attorneys Handle

At Rice & Kendig, our Shreveport personal injury lawyers handle a diverse range of personal injury claims, from catastrophic truck accidents to mass tort cases involving harmful products like Roundup weed killer. Our legal team is equipped to tackle any issue that arises, providing expert legal representation and compassionate support to our clients throughout the process. No matter the complexity or severity of your case, you can trust an experienced personal injury attorney at our firm to fight for the justice and compensation you deserve.

Motor Vehicle Collisions

Motor vehicle collisions are the most common type of personal injury claim due to the profound physical, emotional, and financial repercussions they impose on individuals’ lives. According to NHTSA data, in 2022 alone, the United States witnessed a staggering 5.93 million crashes, leading to 42,514 fatalities and 2.38 million injuries. These statistics underscore the alarming frequency and severity of motor vehicle accidents, highlighting the urgent need for comprehensive legal representation for those affected.

At Rice & Kendig, we understand the devastating impact that car crashes can have, and our experienced team of attorneys is committed to advocating for the rights of accident victims and pursuing the compensation they deserve. Our attorneys handle a wide variety of motor vehicle collision cases, including:

Aviation Accidents

Aside from car accident cases, our Shreveport personal injury attorneys also handle aviation accident cases. While air travel is generally considered safer than ground travel, aviation accidents – when they do happen – often result in catastrophic outcomes. These incidents are typically caused by human error, mechanical failure, or a combination of factors, leading to devastating consequences for passengers and crew members. Injured victims or the family members of deceased victims can pursue justice and compensation by filing personal injury lawsuits to recover damages. A Shreveport aviation accident attorney plays a crucial role in investigating the cause of the crash, uncovering the true negligent party at fault, and seeking compensation for aviation injuries.

Boat Accidents

While water travel is also considered safer than ground travel, with fewer boat accidents recorded compared to car accidents, boat accidents are still very common and often result in catastrophic injuries or death. Boat crash victims may have grounds to take legal action if they can prove that their accident occurred due to negligent acts such as drunk or distracted driving or operator error. A Shreveport boat accident lawyer at Rice & Kendig can help victims pursue compensation for the injuries suffered as well as medical care expenses, lost wages, and more.

Traumatic Brain Injuries

A traumatic brain injury (TBI) occurs when there is a sudden jolt, blow, or penetrating head injury that disrupts normal brain function. Common causes of brain injuries in Shreveport include car accidents, motorcycle accidents, slip and fall accidents, sports injuries, and assaults. Symptoms of a TBI can vary widely depending on the severity and location of the injury but may include headaches, confusion, dizziness, nausea, memory problems, and changes in mood or behavior. Even seemingly minor TBIs can lead to long-lasting complications, including cognitive impairment, emotional disturbances, and difficulties with motor function. TBI victims have grounds to take legal action if their personal injury accident was caused by the negligence of another party, such as a negligent driver, property owner, or healthcare provider. A Shreveport brain injury attorney at Rice & Kendig can help you navigate the legal system and recover the compensation you deserve.

Spinal Injuries

There are various types of spinal injuries – such as vertebral fractures, herniated discs, and spinal cord injuries – that can occur due to an accident caused by someone else’s negligence. Symptoms of spinal injuries may include pain, numbness, tingling, weakness, loss of sensation, or paralysis, depending on the severity and location of the injury. Long-lasting complications and disabilities can significantly impact a person’s quality of life, potentially leading to chronic pain, limited mobility, loss of independence, and emotional distress. Our Shreveport spinal injury lawyers can help injured victims with seeking compensation after a spinal injury, especially if the injury was caused by a negligent party such as a drunk driver, property owner, or employer.

Dog Bite Injuries

Dog bite injuries can be incredibly traumatic, causing physical and emotional harm to victims. These attacks often result in painful injuries such as lacerations, puncture wounds, scarring, and disfigurement, which may require extensive medical treatment, including stitches, surgeries, and antibiotics to prevent infections. In addition to the physical toll, dog bite victims may also experience emotional distress, including fear, anxiety, and post-traumatic stress disorder (PTSD). The financial burden of medical bills, lost wages, and rehabilitation costs can further exacerbate the victim’s suffering. Because of this, seeking legal help from a Shreveport dog bite injury lawyer should be one of the first steps to take after a dog attack.

Oilfield Injuries

Oilfield injuries can occur due to various hazards present in the oil and gas industry, including explosions, fires, falls, equipment malfunctions, toxic chemical exposure, and more. These incidents can result in severe injuries such as burns, fractures, spinal cord injuries, traumatic brain injuries, and respiratory problems, leading to major physical, emotional, and financial distress for victims and their families. In addition to the pain and suffering caused by their injuries, victims may also face significant medical expenses, lost wages, and long-term rehabilitation costs.

Filing a personal injury lawsuit is a great way to recover from oil and gas industry injuries in Louisiana. By holding negligent employers, contractors, or equipment manufacturers accountable for the part they played in workplace accidents, victims can recover damages to cover their medical bills, lost income, pain and suffering, and other losses. Be sure to reach out to a Shreveport oilfield injury lawyer for more information on financial recovery.

Mass Tort

Mass tort refers to civil actions involving numerous plaintiffs who have been injured or harmed by the same product, drug, or incident. At Rice & Kendig, our Shreveport mass tort attorneys have extensive experience handling mass tort cases, including Monsanto Roundup weed killer cases and 3M Combat Arms Earplugs cases. We are dedicated to representing the rights of individuals who have suffered harm due to the negligence or wrongdoing of corporations, and we strive to hold these entities accountable for their actions. If you’re wondering: what is a mass tort claim and can I file one? It’s best to consult with an experienced member of our legal team.

Monsanto Roundup Weed Killer

Monsanto’s Roundup weed killer has faced significant scrutiny due to its link with several types of cancer, including non-Hodgkin lymphoma and leukemia. As a result, Monsanto has been inundated with lawsuits from loyal customers and users who have developed serious forms of cancer after prolonged exposure to the herbicide. These lawsuits allege that Monsanto failed to adequately warn consumers about the potential health risks associated with Roundup, leading to devastating consequences for those affected.

3M Combat Arms Earplugs

The 3M Combat Arms Earplugs are dual-ended ear plugs designed for military use to protect soldiers’ hearing during combat operations while still allowing them to hear essential commands and communication. However, these earplugs have been linked to hearing loss and other hearing-related issues among military personnel who used them during their service. It is alleged that the earplugs were defectively designed and failed to provide adequate protection, leading to permanent hearing damage for many users. Individuals who have suffered hearing loss or other hearing-related issues as a result of using 3M Combat Arms Earplugs may have legal options available to them, including filing a personal injury lawsuit against 3M to seek compensation for their suffering, medical expenses, and other damages incurred as a result of the defective product.

Wrongful Death

Tragically, many catastrophic accidents result in wrongful death, leaving surviving family members devastated by the sudden loss of their loved ones. In these heartbreaking situations, surviving family members may have legal grounds to file a wrongful death lawsuit against the party or parties responsible for the fatal accident. This legal action seeks to hold negligent individuals or entities accountable for their actions and recover compensation on behalf of the deceased’s estate and surviving family members.

Our Shreveport wrongful death attorneys can help surviving family members with seeking compensation for wrongful death in Louisiana. Damages that may be recovered in a wrongful death lawsuit can include medical bills incurred before death, loss of financial support, loss of companionship and guidance, funeral and burial expenses, and compensation for the pain and suffering endured by both the deceased and their loved ones.

How to Prove Negligence in a Personal Injury Claim

Proving negligence is essential in a personal injury claim, as it establishes the legal responsibility of the at-fault party for the client’s injury. To establish the at-fault party’s negligence in a personal injury claim, four key elements must be demonstrated: duty of care, breached duty of care, causation, and damages. Each element plays a crucial role in building a strong case for compensation.

Duty of Care: Duty of care refers to the legal obligation of individuals to act reasonably and avoid causing harm to others. In personal injury cases, this duty is often defined by the specific circumstances of the situation. For example, drivers have a duty to operate their vehicles safely and follow traffic laws, while property owners have a duty to maintain a safe environment for visitors.
Breached Duty of Care: Breach of duty occurs when the defendant fails to exercise the level of care that a reasonable person would under similar circumstances. This can include acts of negligence, such as speeding, distracted driving, failing to maintain property, or providing inadequate supervision.
Causation: Causation establishes the link between the defendant’s breach of duty and the plaintiff’s injuries. In other words, it must be shown that the defendant’s negligent actions directly caused or contributed to the plaintiff’s harm. This requires evidence to demonstrate that, but for the defendant’s actions, the injury would not have occurred. Expert testimony, medical records, police reports, and accident reconstruction reports are often used to establish causation in personal injury cases.
Damages: Finally, to successfully prove negligence, the plaintiff must demonstrate that they have suffered damages as a result of the defendant’s breach of duty. There are three main types of damages that victims can recover in a personal injury lawsuit: economic damages, non-economic damages, and punitive damages.

Common Types of Damages in a Personal Injury Claim

In a personal injury claim, damages refer to the monetary compensation awarded to the plaintiff to compensate for the losses they have suffered as a result of the defendant’s negligence or wrongful actions. Most personal injury claims provide a variety of economic damages, non-economic damages, and punitive damages, each serving a distinct purpose in addressing the various impacts of the injury.

Economic Damages

Economic damages are tangible, quantifiable losses that can be easily calculated based on actual financial expenses incurred by the plaintiff. These damages typically include medical bills, rehabilitation costs, lost wages, property damage, and other out-of-pocket expenses directly related to the injury. Economic damages aim to reimburse the plaintiff for the financial burdens they have endured as a result of the accident, providing compensation for both past and future financial losses.

Non-Economic Damages

Unlike economic damages, non-economic damages are more subjective in nature and are intended to compensate the plaintiff for intangible losses that do not have a readily calculable monetary value. These damages may include pain and suffering, emotional distress, loss of enjoyment of life, mental anguish, and loss of consortium. Non-economic damages acknowledge the profound impact that the injury has had on the plaintiff’s overall well-being and quality of life, seeking to provide compensation for the physical and emotional toll of the accident.

Punitive Damages

Punitive damages, also known as exemplary damages, are intended to punish the defendant for particularly egregious conduct and deter similar behavior in the future. Unlike economic and non-economic damages, punitive damages are not awarded to compensate the plaintiff for their losses but rather to punish the defendant and send a message that their actions will not be tolerated. Punitive damages are typically awarded in cases where the defendant’s actions were intentional, malicious, or grossly negligent, and they serve to hold the defendant accountable for their misconduct while providing a deterrent effect against future wrongdoing.

What is the Statute of Limitations for Personal Injury Claims in Louisiana?

For decades, Louisiana’s statute of limitations for personal injury claims was a one-year prescriptive period, which differed from the two-year prescriptive period common in most other states. However, as of July 1, 2024, the statute of limitations for personal injury cases occurring after that date has been extended from one year to two years according to Louisiana Civil Code Article 3493.11. This new law is brought pursuant to the Louisiana Products Liability Act.

This change to Louisiana personal injury statute of limitations will be given prospective application and does not apply to injuries which occurred before July 1, 2024. In other words, if you were injured before the effective date of July 1, 2024, then your claim will still be subject to the one year statute under the old state law.

In simple terms, this new statute means that if you or a loved one has suffered an injury after July 1, 2024 due to someone else’s negligence, you now have two years from the day injury occurred to file a personal injury lawsuit.

This two-year prescriptive period is crucial for protecting your right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. If you miss this deadline, your legal claim may be dismissed, and you will likely lose the opportunity to receive monetary judgments for your injuries.

Louisiana Jury Trial Threshold

Louisiana also has a $50,000 threshold that your claim must meet before you can request a jury trial. This threshold is the highest amount of any state by far, and most states don’t have a threshold at all. Most cases settle without going to trial whether they meet this threshold or not; a jury trial is only likely for a high-dollar case with complex issues that can’t get settled out of court. If a jury trial is necessary in your case, the Shreveport personal injury trial lawyers at Rice & Kendig have abundant experience in the courtroom and are always prepared to take your case as far as it needs to go to recover a just personal injury settlement.

Call Shreveport Personal Injury Lawyers at Rice & Kendig Today

If you’ve been injured due to the negligence or wrongdoing of another party, don’t hesitate to seek the legal guidance and representation you deserve from the best personal injury lawyers in Shreveport, LA.

At Rice & Kendig, our team of experienced Shreveport personal injury lawyers have a proven track record of success when it comes to negotiating settlements with insurance companies and helping our injury victims make a full physical, emotional, and financial recovery. Whether you’ve been injured in a car accident, a slip and fall incident, or any other type of personal injury case, we are here to provide compassionate support and aggressive representation every step of the way. The best part is that we work on a contingency fee basis, so you don’t pay us a dime until you are fully compensated for your serious injury.

Don’t wait to seek justice for your injuries. Check out our case results, then call our Shreveport personal injury lawyers at Rice & Kendig today at 318-222-2772 to schedule your free initial consultation and take the first step toward securing the compensation you deserve.

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