Dave is seeking unspecified damages for pain and suffering, mental anguish, loss of wages, medical expenses, damage to the vehicle, loss of use of vehicle and towing.
Personal injury is one of the most common causes for litigation, and no matter what kind of business you operate you are exposed to some risk of personal injury claims and lawsuits from customers and other visitors to your premises. While you can take steps to protect the safety of others on your property, knowing your legal rights and obligations can help you defend yourself from improper or frivolous claims and unfair judgments.
For instance, a Louisiana statute of limitations says that a personal injury suit must be filed within one year of the alleged incident. If the deadline has passed and the alleging party proposes an out-of-court settlement without having filed suit, you are usually free of any legal obligation to compensate them.
When facing a personal injury claim against you, a finding of fault on your part does not always mean that you will have to pay the entire claim amount. In many cases, both parties are found to carry a share of the blame for the incident, and the percentage of the award that you are liable for is proportional to your share of fault. Whether in court or settling privately, make sure to examine the circumstances of the incident thoroughly to see if the other party may end up sharing a part of the fault.
Other technicalities and issues may apply in a personal injury case, and if you are confronted with a personal injury claim you should consult with an attorney to ensure that you are not taken advantage of in a ruling or settlement. Contact the personal injury attorneys at Smiley Law to keep personal injury from hurting you.