Personal Injury Litigation | Babcock Trial Lawyers
Most people will never know what it’s like to need an attorney in an accident. But when something does happen to you or your loved one, it’s nice to know there’s somewhere to turn. Our Baton Rouge personal injury attorneys, Stephen Babcock and Chase Tettleton, help their clients get justice against the people who harm them.
A personal injury is any injury you suffer at the hands of a third party. Most such cases are based on something called negligence. Negligence means that someone didn’t behave the way they should have and somebody got hurt.
For example, if a doctor makes a mistake during surgery, you may have a case for medical malpractice. In order to have a case, however, you do have to suffer an injury. It’s not enough that someone was negligent. If you weren’t hurt, there won’t be any compensation.
In order to prove negligence, your attorney will have to show the following four (4) things:
- The defendant had a duty of care – For certain types of cases, this is easy to prove. Car drivers have a duty to obey all traffic laws. Daycare workers have a duty to keep your children safe.
- They breached this duty – You need to show that the defendant didn’t honor their duty. For example, if you get into a truck accident because the driver was speeding, you may have a case for negligence.
- You were injured – In order to recover maximum compensation, you need to suffer an injury. You can only recover for actual damages suffered.
- Your injuries were caused by their breach – You have to show that you wouldn’t have gotten hurt had the defendant exercised their duty of care. So, if a doctor misdiagnoses your illness but you die in a car accident, you probably won’t have a case for wrongful death.
The good news is, our attorneys have handled all manner of injury claims and have the experience to help you determine whether you are eligible for and seek compensation for an accidental injury sustained at the hands of a third party.
Types of Cases our Attorneys Handle
The most common types of injury cases are the kinds you see in movies and on television. Our injury lawyers handle plenty of car accident cases and slip and falls. Most cases are resolved by filing a claim against the defendants’ insurance companies. Some, however, don’t get settled and your attorney will need to file a lawsuit.
There are dozens of personal injury case types, so all sorts of clients could and have walked into our law office. The one thing they’ve all had in common is that someone was hurt and wants the responsible party to pay. And yes, in many of these cases, they’re here BECAUSE this party does not want to pay the full extent of the client’s injury claim.
If you need to file a claim, you will need to understand the various types of defendants that could be involved in your case, depending on how and where your injury occurred. The following parties could be defendants in your case:
- Insurance companies
- Doctors, lawyers and dentists
- Local or state government offices
Some cases even involve more than one of these parties. You can trust that your lawyer will know exactly who they need to pursue to get you justice. They may settle with one party and go to trial with another. It depends on the situation.
Most cases do settle. For example, if you file a products liability case against the pharmaceutical company, they probably won’t want the bad press. They tend to settle most of their cases without legal intervention. The same is true for medical malpractice cases. A doctor knows his licenses to practice are on the line. The last thing he wants is a lawsuit filed against him.
You can call an attorney to handle any of these cases. You can focus on recovering from your injuries while he handles the legal side of things.
Below are some of the cases our personal injury lawyers at Babcock Trial Lawyers handle.
One of the most common type of personal injury case is a car accident. There are thousands of accidents in Louisiana every year. Some of these only involve minor injuries. Others are more serious. Car accident victims can end up with some serious injuries, including:
- Traumatic brain injuries
- Back and neck injuries
- Internal Bleeding or Organ Damage
- Broken bones
- Facial Disfigurement
When people get behind the wheel, they need to be careful. When they drive drunk or text and drive, people get hurt. Lawyers fight to get car accident victims the compensation they deserve and the attorneys at Babcock Trial Lawyers are highly skilled car accident lawyers in Baton Rouge.
One of the most intimidating things on the road are tractor trailers. They’re huge pieces of machinery and when they get into an accident, it can be devastating. These are actually the deadliest kind of motor vehicle accident. Passenger vehicles don’t stand a chance against a truck. The impact is just too severe. Some of the major causes of truck accidents are:
- Drivers who are overtired
- Mechanical failure
- Distracted driving
- Inexperienced drivers
In truck accidents, you’ll probably have to pursue both the driver, his company, and third parties. Our team of truck accident lawyers in Baton Rouge LA are skilled in handling all phases of the trucking claim.
There may be nothing freer than driving down the highway on your motorcycle. There may also be nothing more dangerous. Motorcycles have to share the road with cars and trucks. When they get into a motorcycle accident, the results can be disastrous. The only thing standing between a motorcycle rider and the road is a plastic helmet. There simply is no way a biker can withstand the impact of another vehicle.
If you drive a motorcycle, you probably know that cars hate to share the road with you. A lot of drivers feel that riders drive too fast and like to weave in and out of traffic. And, as true as this may be, it doesn’t mean you deserve to get into an accident.
Whether you own a boat or just rent one for the day, it may be the most relaxing way to spend an afternoon. When your afternoon is interrupted by a boating accident, things can take a turn for the worse.
The problem with boating accidents is the passengers have no control over what happens. They may not even see what happens. So when it comes time to determine who was at fault, it can be quite difficult. Your boating accident lawyer will hire experts to help you do this.
Sometimes, accident injuries are so serious, the victim doesn’t recover. When this is the case, you may have a claim for wrongful death. In Louisiana, the following people can file a claim for wrongful death:
- Surviving spouse or children
- Surviving parents
When you file for wrongful death, you’re entitled to certain damages. These damages are broken into two types: the damages your family deserves and the damages your loved one would’ve been entitled to had he survived. Your wrongful death attorney understands that you’re grieving and they will do their best to handle the legal side of things for you.
If you get injured on the job, you deserve to be taken care of. You should be entitled to medical care and replacement wages. As long as you meet certain criteria, you’ll receive these benefits. The requirements for workers comp include:
- The injury took place on the job
- You were on company property at the time of the accident
- You were on the clock
- You were not under the influence of drugs or alcohol
- You were treated by a company approved doctor
Your worker’s comp attorney will make sure you aren’t forced to return to work before you’re ready. He can also make sure your claim is handled properly.
Oil Field Injuries
The oil and gas industries are very dangerous occupations. Oil workers are subjected to some of the harshest and most unpredictable conditions. Oil field workers suffer some of the following types of life-changing injuries:
- Head and brain injuries
- Back injuries
- Soft tissue injuries
- Amputation and other limb injuries
Some of these injuries will be covered by worker’s comp insurance. However, your damages may not be covered completely. Your oil field injury attorney may have to file a lawsuit to recover the rest of your damages.
Dog Bite Injuries
Dogs can be man’s best friend. That is until they attack you. If you’re bitten by a neighbor or friend’s dog, you may have a personal injury claim. In order to sue under the dog bite laws in Louisiana, you must show the following:
- The owner knew or should’ve known his dog would attack you
- The owner could’ve prevented the bite
- The owner failed to take the necessary and reasonable steps to prevent the injury
- You didn’t provoke the animal
Most dog bite injuries are minor. However, there are some dog bite victims who suffer pretty serious injuries. If this happens to you, your dog bite lawyer can file a claim against the dog owner’s insurance company. If they refuse to pay the claim, you’ll have no choice but to file a personal injury lawsuit.
There are more burn injuries every year than most people think. Most of these are caused by house fires and car accidents. However, there are also a lot of children and babies hurt in scalding accidents.
Burn injuries can be very painful. Although most people survive them, it takes a while. And, for most burns, there is no real treatment. It just takes time for your burns to heal.
If someone is responsible for your burn injuries, you’re entitled to compensation. Your Baton Rouge burn injury lawyer can help make sure this happens.
Contact Babcock Trial Lawyers for a Free Consultation
If you’ve been hurt in any sort of accident, you need to contact a personal injury lawyer in Baton Rouge. The attorneys at Babcock Trial Lawyers have years of experience handling cases just like yours. They can help file your claim against the insurance companies. They can also file a personal injury lawsuit on your behalf if need be.
The great thing about the trial lawyers at Babcock is that they’re not intimidated by either insurance adjusters or other attorneys. They have the knowledge and expertise to argue your case to the fullest. They know the law and will do their best to get you the compensation you deserve.
Call and schedule your free initial consultation today. You can sit down with an attorney who can answer any questions you may have. He can also review your case and let you know what it may be worth. The good news is – you pay nothing until you settle your case.
And, it is a fact that most personal injury cases settle. Nobody wants to go to trial. Trials are time-consuming and expensive. It’s in everyone’s best interest to settle out of court.
The defendant will have a lawyer working for him and you should too. Call today and schedule your free initial consultation.