Everything you need to know after an accident in Louisiana.
"Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it."
La. Civ. Code art. 2315
Ask yourself: Has another person and/or company caused your injuries?
Louisiana law allows a person who causes damage to another to be obligated to repair that which has been damaged. Louisiana Civil Code Article 2315 is the mechanism that is used to allow recovery for those who have suffered injuries due to the fault of another. In Louisiana there are three essential elements to every personal injury claim:
Therefore, to recover under Louisiana law another person and/or company must be the reason or part of the reason (liability) for an incident, accident, or defect that results (causation) in an injury (damages) to another. There may be a person responsible for an incident, but if there are no damages, there is no recovery. If you have suffered injuries but are unable to prove who is responsible for the incident, there is no recovery. Lastly, you must prove that the liable acts caused each element of damage to you. Immediately after being hired to represent a client, our firm aggressively investigates and preserves evidence to prove every element of their case. At Shanklin Sosa Injury Law, we have sought the help of various experts in different fields of expertise to provide knowledge of complex issues. The most important obligation of an attorney is proving your case and our firm is dedicated to providing quality representation for our clients.
Was the incident, accident, or defect the fault of another person or company? When someone's negligence or intentional acts cause an event, accident, or defect, that person or company is responsible for the consequences of those negligent or intentional actions.
Liability is an essential element that must be proved in order for a person to have a claim. Determining who is at fault for an accident, incident or defect can be a difficult task. Shanklin Sosa Injury Law understands the complexities that may arise in all cases from car accidents to complex product defect litigation. We understand that in some cases there may be a need to hire experts in different fields to help prove that a person or company is responsible for the accident, incident, or defect at the center of your case. Our firm has sought the help of various experts in different fields of expertise, including but not limited to, ergonomics, accident reconstruction, data recording devices, fire investigation, and other areas — preserving evidence in every case that will help prove that our client's injuries are a result of the liable person's actions.
Shanklin Sosa Injury Law understands the complexity that exists when proving that damages were caused by the actions at issue. Difficulties arise when a client is faced with multiple people responsible for multiple acts that have caused multiple damages. It is important to hire a firm that has the experience to navigate through complex issues. Our firm has enlisted the help of many experts in a wide range of expertise to aid in proving the causal link between the defendant's actions and our client's injuries. We are constantly investigating and gathering information that will be essential to proving that each action by the liable party has caused each damage suffered by our client.
Are there injuries or damages? Some damages are immediately apparent and others may take time to reveal themselves. If there is liability but no damages or injuries, there is no recovery. A person may be responsible (liable) for a negligent act or intentional act, but if there is no damage or injury, there is no recovery. Our firm is committed to proving all damages that our clients suffer.
Shanklin Sosa Injury Law has involved experts of all kinds to make sure our clients have preserved and are able to prove their injuries and damages. When our clients have suffered injuries, we understand that medical documentation of those injuries early can help prove their damages later. It is normal for a person to feel pain and be optimistic that the pain will resolve on its own, however, in many cases it does not resolve, and it is important to seek medical care if you have been injured. Your health is the most important part of any case we handle and we take it very seriously.
Damages for the injured victim may include:
A loss of consortium claim may include: loss of love and affection; loss of companionship; impairment of sexual relations; loss of material services; decreased ability to perform household services; loss of support; loss of comfort; loss of aid and assistance; and loss of felicity.
Thinking of hiring a personal injury attorney? Ask the right questions. The below checklist outlines important information that you need to know to make the RIGHT decision on which attorney to hire:
At Shanklin Sosa Injury Law, we only get paid if you get paid. If you hire us, we will pay all costs related to your case, and if there is no recovery, there is NO COST TO YOU. It is also important to know that if you do receive compensation for your claim, we make sure that you receive the most money possible. At Shanklin Sosa Injury Law, our attorneys will actively work on your case at no extra expense to you.
It is important for you to be aware of all standard fees the law firm charges in addition to the attorney's fee. These fees should be listed on the contract you sign, so be sure to ask the right questions. Although some law firms advertise a "Free Case Review/free case review," they may charge a "sign-up" fee. At Shanklin Sosa Injury Law, we order all medical records, negotiate reductions of medical balances and obtain liens "in-house," which means that you will not be charged extra for these services. Our fees and costs are transparent, and you will be informed of additional expenses incurred to present your case. When your case is settled, you will receive an itemized settlement memorandum that we will review with you.
Your injury is important to you and you deserve to speak to the attorney representing you prior to signing a contract. When you call Shanklin Sosa Injury Law, Loren Shanklin and Alicia Sosa will be YOUR attorneys. At Shanklin Sosa Injury Law, Loren and Alicia work on every case together. You will have a team of attorneys advocating for you throughout the hard times you are facing.
You will receive a free case review/consultation prior to signing a contract. Most personal injury law firms advertise that they will give a Free Case Review — USE IT. At Shanklin Sosa Injury Law, we will meet with you and go over your unique case. All cases are different and you need to be informed about what to expect. We will NEVER send an "investigator," case signer or nonlawyer employee to discuss your case and to sign legal documents.
The caseload of the attorney you hire is extremely important. At Shanklin Sosa Injury Law, we believe that quality representation is more important than the number of cases. If you are seriously injured, your personal injury claim needs personal attention. We take fewer cases so that we may give our clients the attention they deserve.
It is important to make sure that you understand everything you sign. At Shanklin Sosa Injury Law, we want our clients to understand the process as well as understanding all documents they are signing. Prior to signing anything, we will explain the documents to you.
At Shanklin Sosa Injury Law, you are more than a file number, and we take your injury personally. We are passionate about our clients, and we know the importance of representing you from the beginning to the end of your case. From the first day you hire Shanklin Sosa Injury Law, we will be gathering important information to properly prepare your case for trial. Our clients are like family, and we are here for you through all the hard times you may face.
When you are injured, your number one priority is YOUR HEALTH. You have the right to obtain the best health care treatment for your injuries. At Shanklin Sosa Injury Law, we can help arrange all medical care at no upfront cost to you.
If you hire Shanklin Sosa Injury Law to represent you for your injury, we will make it a priority to get you back on the road. Your property damage claim is separate from your bodily injury claim. We understand the hardship our clients face with an inoperable vehicle. We generally assist clients with property damage claims and diminished value claims for NO ATTORNEY FEE. Yes, you read correctly, this service is FREE.
Shanklin Sosa Injury Law attorneys are proud to bear the name of TRIAL LAWYERS. We know what it takes to prepare a case for trial. Although the majority of cases do not go to trial, you need a trial team that has trial experience. This experience is invaluable to your case, and it does not cost you any extra.
At Shanklin Sosa Injury Law, we know that every case is unique. During our Free Case Review and evaluation, we will explain the legal process associated with your case. It is our priority to make sure our clients are informed and know what to expect throughout the legal process. We have represented hundreds of clients in a wide variety of personal injury scenarios, from boating to helicopter accidents, and bicycle to eighteen-wheeler accidents. With our experience, we will give you a thorough evaluation that you can trust.
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