
Accidents do happen, but if you have been injured as a result of someone else’s negligence, then you have a right to pursue compensation for the physical and emotional damages you have suffered.
At Daly & Black, P.C., our New Orleans personal injury lawyers fight to hold negligent parties accountable and secure compensation for our clients.
Contact Daly & Black today for a free case review.
What Is a Personal Injury Claim in Louisiana?
A personal injury claim arises when someone suffers harm due to another party’s negligence and can prove the four elements of a negligence case under Louisiana law: duty, breach, causation, and damages.
These principles are grounded in Louisiana Civil Code Article 2315, which provides that every act causing damage to another obliges the person at fault to repair it. Generally, the claimant must establish:
Duty of Care and Breach of Duty
To succeed in a personal injury claim, you must show that the at-fault party owed you a legal duty of care and that they breached this duty. These two elements go hand in hand, and the standards vary by situation:
- Car Accidents: Drivers must operate vehicles safely and obey traffic laws; a breach may include texting while driving or running a red light.
- Slip and Fall Incidents: Property owners must maintain safe premises and address hazards; a breach could involve failing to clean up spills or repair broken steps.
- Workplace Injuries: Employers must provide safe working environments and follow safety regulations; a breach might include ignoring protocols or failing to provide proper protective equipment.
- Medical Malpractice: Medical professionals must meet accepted standards of care; a breach could involve misdiagnosis or performing a procedure below accepted standards.
Causation
That the breach directly caused the injury. This element requires showing that the harm you suffered was a direct and foreseeable result of the defendant’s conduct. In legal terms, you must prove both “cause-in-fact” (that the injury would not have occurred without the breach) and “proximate cause” (that the injury was a foreseeable consequence of the breach).
Damages
That measurable damage resulted, such as medical expenses, lost wages, or pain and suffering. Whether it’s a distracted driver, a careless property owner, or a negligent business, Louisiana law provides the right to seek financial recovery when these elements are met.
Comparative Fault in Louisiana
Louisiana follows a comparative fault system, as set out in Louisiana Civil Code Article 2323.
This law means that if you are found partially responsible for your injuries, your compensation will be reduced in proportion to your percentage of fault, but you can still recover damages.
For example, if you are awarded $100,000 but found 20% at fault, your recovery would be reduced to $80,000. This principle applies in many types of personal injury cases, making it important to work with an attorney who can help limit the percentage of fault attributed to you. Strict filing deadlines also apply, so acting quickly is essential.
These are only some of the complexities involved in personal injury cases in Louisiana. At Daly & Black, we make sure our clients are well informed every step of the way, from the initial consultation to resolution.
Types of Personal Injury Cases We Handle in New Orleans
Our firm represents injury victims in a wide range of cases, including:
- ATV Accidents
- Bicycle Injury
- Birth Injury
- Boating Accidents
- Brain Injury
- Burn Injury
- Bus Accidents
- Refinery Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Negligent Security
- Nursing Home Abuse
- Slip & Fall
- Truck Accidents
What Does a New Orleans Personal Injury Lawyer Actually Do?
Understanding what a personal injury lawyer actually does can help you see the value of hiring an experienced advocate like Daly & Black.
Here’s how we work for you:
Conduct a Thorough Investigation
During your initial free consultation, we focus on determining whether you have a viable case and what legal options may be available to you.
This evaluation includes analysing the strength of your claim by reviewing accident reports, examining medical records, speaking with witnesses, and identifying key evidence.
Secure and Protect Evidence
Some evidence can disappear quickly—security footage can be erased, accident scenes can change, and witnesses’ memories can fade.
We act fast to preserve this information and advise you on immediate steps to take after your injury to ensure nothing critical is lost.
Manage All Case Communications
Once we’re on your side, you won’t have to speak directly with insurance companies, opposing attorneys, or other involved parties. We handle those interactions so you don’t risk saying something that could harm your claim. At the same time, we keep you informed on every stage of the process in straightforward language so you always know what’s happening.
Accurately Value Your Claim
We work to calculate the true cost of your injuries, going beyond current medical bills to include future care needs, lost income, reduced earning capacity, and the emotional impact of your injuries. Injuries that can result in long-term conditions, like traumatic brain injuries, are never overlooked and fully accounted for.
Pursue Fair Compensation
We negotiate with insurance companies to secure a settlement that reflects the full extent of your losses. If they refuse to act reasonably, we’re prepared to take your case to trial and present a compelling case before a judge or jury.
This comprehensive approach is why so many injury victims choose Daly & Black, P.C. to protect their rights and pursue the full compensation they may be entitled to.
Why Choose Daly & Black as Your New Orleans Injury Lawyer?
Choosing the right attorney can make all the difference in a personal injury case. At Daly & Black, we blend strategic preparation with relentless advocacy to give our clients a competitive edge.
Here’s how we stand apart:
Strategic, Trial-Ready Representation
We approach each case as if it will be tried in court. This readiness signals to opposing parties that we are serious about securing a favorable outcome, often leading to stronger negotiations and better results.
Clear and Consistent Communication
We believe clients should never feel out of the loop. Our team makes it a priority to explain each stage of your case, answer your questions promptly, and provide regular updates so you can make informed decisions with confidence.
Proven Reputation
Our firm has earned national recognition, including recognition of our attorneys by Super Lawyers and serial nominee and one-time winner of Insurance Litigation Firm of the Year. These accolades reflect both our dedication to excellence and our history of achieving meaningful results for clients in and out of the courtroom.
FAQ
What types of cases does a New Orleans personal injury lawyer handle?
Personal injury lawyers handle cases where individuals are harmed due to negligence, including motor vehicle accidents, medical malpractice, slip and falls, wrongful death, and more.
At Daly & Black, we handle a wide variety of injury-related claims and know how to navigate the unique legal landscape of New Orleans.
How do I know if I have a valid personal injury claim in New Orleans?
If you were injured due to someone else’s carelessness and suffered damages such as medical bills, lost wages, or pain and suffering, you may have a valid claim. An attorney can evaluate your case, determine liability, and explain your options under Louisiana law.
What should I do immediately after an accident in New Orleans?
Get medical help, document everything, avoid discussing the case with insurance companies, and contact a lawyer right away. Taking quick, informed action helps protect your rights and strengthens your future claim.
Schedule a Free Consultation With a New Orleans Personal Injury Lawyer
You don’t have to fight this battle alone. Call Daly & Black today to schedule your free consultation. Let us evaluate your case, answer your questions, and explain how we can help you pursue the compensation you may be entitled to.
Call now or fill out our secure form. We’re ALL IN. ALL THE TIME.
Practice Areas
- Offshore Injury Lawyer
- Houston Car Accident Lawyer
- New Orleans Car Accident Lawyer
- New Orleans Oil Rig Injury Lawyer
- New Orleans Wrongful Death Lawyer
- New Orleans Disability Lawyer
- Houston Disability Lawyer
- Houston Wrongful Death Lawyer
- New Orleans Negligent Security Lawyer
- Houston Negligent Security Lawyer
- New Orleans Dog Bite Lawyer
- New Orleans Birth Injury Lawyer
- Houston Dog Bite Lawyer
- Houston Oil Rig Injury Lawyer
- Houston Personal Injury Attorney
- New Orleans Offshore Accident Attorney
- Houston Offshore Accident Attorney
- Houston Slip and Fall Lawyer
- New Orleans Slip and Fall Lawyer
- New Orleans Personal Injury Lawyer
- First-Party Insurance Attorney
- Personal Injury Lawyers
- Medical Malpractice
- Mass Tort Lawyers
- Necrotizing Enterocolitis Attorney
- Truck Accidents
- Ski and Snowboard Accidents Lawyer
- Defective Products Attorney
- Aviation Accidents
- Railroad Accidents
- Medical Device & Drug Injuries
- Plant & Refinery Injury Lawyers
- Offshore Injuries and Maritime Claims Attorney
- Wrongful Death Law Firm Fighting for Families
- Property Contamination Lawyers
- Health Insurance Claims
- Commercial Litigation Attorney
- Windstorm Claims
- Earthquake Loss Claims
- Life Insurance Claims
- Business Interruption Claims Attorney
- Tornado Insurance Claims Attorney
- Hail Damage Claims Attorney
- Nursing Home Abuse
Daly & Black is an amazing law firm. They handled clients’ hail damage claims. Maria Gerguis, a partner and trial lawyer, is the absolute best. Will be referring clients to them in the future. They’re very responsive, professional, care about the little people, and WIN cases.
