Lavis Law Firm provides comprehensive legal representation to people seeking guidance after an accident or disaster. We have handled injury and insurance cases, such as car crashes, workplace injuries, slip and falls, and more, since 1995. Our injury attorneys are committed to assisting individuals in the New Orleans area as well as elsewhere in Louisiana, including Baton Rouge. We can guide you through the legal process with diligence and individualized attention.Holding a Negligent Defendant Accountable for Damages
Personal injury cases are those in which a plaintiff pursues compensation for an accident from one or more parties that caused it. Typically, these claims are brought under the theory of negligence, which holds people or entities responsible for the harm caused by their carelessness. To succeed in a negligence claim, the plaintiff must establish that the defendant owed a duty of care to the victim, the defendant breached that duty by using inadequate care, the defendant’s conduct caused the plaintiff’s injuries, and quantifiable damages were incurred.
Each of us has a general duty to avoid behavior that poses an unreasonable risk of foreseeable harm to someone else. That duty may differ according to the relationship between the parties and the circumstances of the accident. The failure of the defendant to uphold that duty usually results in a breach. To establish causation, the plaintiff must demonstrate that he or she would not have been hurt if the defendant had not acted carelessly. Finally, the plaintiff must prove his or her damages, which may account for both objective and subjective forms of harm.Pursuing a Workers’ Compensation Claim
If you have been hurt in a workplace accident, you may be eligible to receive benefits from your employer’s liability insurer. Most private employers are required to participate in the Louisiana Workers’ Compensation Act, which provides injured individuals with benefits such as payment of necessary and reasonably related medical expenses and treatment, partial wages during any period of disability, vocational rehabilitation services, and other benefits.
Certain employees engaged in maritime work are generally covered under the Longshore and Harbor Workers’ Compensation Act, which pays benefits to those injured on navigable waters of the United States or in adjoining areas customarily used in loading, unloading, repairing, or building a vessel. The Defense Base Act extends benefits to workers employed overseas or outside the United States, such as those working on military bases or for private companies fulfilling a U.S. government contract, regardless of nationality. If he or she is eligible under these statutes, the employee need not prove that the employer was negligent to receive compensation for his or her on-the-job injury.Understanding Insurance Claims and Disputes in Louisiana
In Louisiana, insurance companies and policies are heavily regulated, and it is important to understand your rights under your policy contract as well as state law. Insurers are required to pay covered losses under your homeowners, life, hurricane, flood, or other insurance policy quickly and efficiently, pursuant to statutory guidelines.
In fact, state law imposes penalties on insurers whose refusal of a claim is not based on a good faith defense. If your claim was unfairly denied or underpaid, you may be able to bring suit against your insurance company for a bad faith claim. To recover damages under the statute, a claimant must submit sufficient proof of loss and show that the insurer failed to pay the claim within the applicable statutory period, either arbitrarily and capriciously, or without probable cause. If only a portion of the loss is contested, the insurer is only required to tender that which is undisputed within the statutory timeframe.Discuss Your Injury Case with a New Orleans Attorney
It is important to confer with a knowledgeable attorney regarding the details of your case in order for you to make an informed decision on how to proceed. At Lavis Law Firm, our personal injury and insurance lawyers have over 20 years of experience helping residents of New Orleans and Baton Rouge, among other Louisiana cities. We can advise you on your legal rights and options and advocate aggressively for you in settlement negotiations or at trial. We also serve people in communities such as Lafayette, Lake Charles, Monroe, Shreveport, and Metairie. To schedule a free initial consultation, contact us online or call us at 1-866-558-9151.
- Louisiana Flood Insurance Claims
- Louisiana Hurricane Insurance Claims
- Insurance Bad Faith
- Job Injuries
- Louisiana Personal Injury
- Premises Liability
- Dangerous and Defective Products
- Wrongful Death and Survival Actions
- Louisiana Life Insurance Claims