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May 26, 2024

When Does an Injury Qualify for a Settlement in Louisiana?

After getting injured in a Louisiana accident, you may wonder whether you can file a claim and recover compensation. If you’ve never taken legal action before, you may need the help of an experienced legal team to determine whether your case qualifies. Although many believe an injury must be severe to win a settlement in court, the severity of your injury isn’t as important as a few key details in your case.
A New Orleans personal injury lawyer from Smiley Injury Law, LLC can look into your accident and gather evidence from your case to assess whether you have grounds for a settlement. Our team will work hard to build a strong argument on your behalf so you can walk away with a maximum settlement..

Negligence Caused the Injury

The main qualifying factor for a personal injury lawsuit in Louisiana is negligence. Someone else’s negligence must cause your accident and resulting injuries. You must have proof of this negligence to win your case in court.
For example, if a speeding driver hit you on the road, you may use traffic camera footage to prove that the driver’s negligence caused your car accident and ultimately caused your traumatic brain injury.  

Your Accident Resulted in Damages

The second qualifying factor to file a personal injury lawsuit in Louisiana is that your accident must have resulted in damages. If a speeding driver hit you in the road but you suffered no injuries and no losses from the accident, you can’t file a lawsuit because you have no damages to recover.
Usually, however, you’ll have either financial or non-financial losses to recover, such as medical expenses, property damage, or pain and suffering.

Speak with a New Orleans Personal Injury Attorney

If you still have concerns about whether your injury qualifies for a settlement, you can discuss your case in greater detail with a New Orleans personal injury lawyer from Smiley Injury Law, LLC. To schedule a free consultation, call 504-894-9653 or fill out the contact form below.


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