In a personal injury case, if you are injured, generally, three things must be proven in all cases:
- Liability (fault, negligence, unseaworthiness);
- If you can prove liability then you must prove that your injuries are caused and/or aggravated by that liability;
- The damages amounts that you are entitled to; and
- A fourth issue may be whether you are comparatively at fault. This is an issue that would be raised by the defendants where they claim you bear some or all of the fault for causing the accident.
Damages include, but are not limited to, property damage, loss of use/value of vehicle (auto), medical expenses, lost wages, lost earning capacity, loss of consortium, loss of enjoyment of life, physical pain and suffering, mental pain and suffering, disability, etc. You might also be entitled to mental anguish and emotional distress damages if you view an event causing an injury to another person or you come upon the scene of an event soon thereafter.
Seamen are entitled to maintenance and cure as an additional remedy. Land based employees are limited to workers’ compensations against employers except in limited situations. Workers’ Compensation is a non-fault scheme. An employee can have both a workers’ compensation claim and third party negligence claim, i.e., in an auto/truck wreck while you are in the course and scope of your employment.
If you are injured, call Hebert & Marceaux for an appointment at (985) 876-4324.
This is for information only and not legal advice. An attorney should be consulted on a particular case or situation.