Personal Injury
At the Smith Law Firm, we know that building a strong personal injury claim requires an attorney who will thoroughly investigate the facts. We also understand that being involved in an accident or being injured by a faulty or defective product can be traumatizing. We listen to our clients with compassion and marshal the relevant evidence that is most helpful to a personal injury claim. We have handled a large number of personal injury cases since 1972 when our firm was founded.
Whether you are involved in an accident or have suffered a slip-and-fall at a business establishment, it is important to make a record of all the facts as soon as possible. Memories can be unreliable, especially in the aftermath of a serious crash or another injury. There is always the possibility that important evidence will be lost or tampered with. We encourage our clients to bring in as much documentation as possible. This includes accident scene photos, police reports, medical records, bills, etc.
We make use of every available resource in fighting for your case, including utilizing private investigators and health care providers who provide examinations that can strengthen your injury claims.
Our clients often worry about the long-term implications of their injuries, and we take a big-picture approach to their cases, helping to plan for the future by thinking about losses down the road in addition to immediate needs.
We help people across Louisiana who have been injured in all types of incidents, including:
- Auto accidents
- Truck accidents
- Medical malpractice
- Slip-and-fall cases
- Premises liability
- Product liability
- Toxic chemicals
- Legal Malpractice
- Maritime
- Property Damage
- Social Security
If you are unsure whether you have a legal claim related to an accident or injury, we encourage you to speak with one of our attorneys to discuss the facts of your case.
Proving Negligence in Personal Injury
Personal injury claims are only valid if negligence or fault at the hands of another party is involved. To prove liability, four elements must be established to recover compensation for damages:
1. There was a duty of care:
A duty of care is the legal obligation to take reasonable steps to prevent harm to others.
2. The duty of care was breached:
If the party has a legal responsibility to keep others safe–be it a property owner, manufacturer, doctor, etc. Evidence will be required to show that the party did not fulfill the duty of care.
3. The breach of the duty of care caused injury
There must be a causal link between the defendant’s actions and your injuries.
4. Your injury resulted in damages:
Evidence of the financial, physical, and emotional loss must be proven. This could include medical bills, lost wages, and pain and suffering. If no damages were incurred, there is no basis for a personal injury claim.
Get Compensation For Your Personal Injury
In Louisiana, personal injury claims can be filed by the injured person or on behalf of an individual who was killed due to an injury caused by another entity’s negligence.
If your personal injury case is a result of negligence, you may be able to recover compensation for damages resulting from your injuries, including medical expenses, lost wages, pain and suffering, and out-of-pocket expenses.
If you have been injured in an accident, you need an attorney who understands the toll that injuries can take. We will take the time to listen to your concerns and questions and inform you of your best legal options. To schedule a free initial consultation with The Smith Law Firm, please call (225) 383-7716 or our toll-free number at (855) 313-7716.
Please call
(225) 383-7716or our toll-free number at
(855) 313-7716.Representative Cases
Coleman v. Victor, Court of Appeal of Louisiana, First Circuit
May 19, 1975, 314 So. 2d 412, 326 So. 2d 344 (1976) (property damage)
Collins v. East Baton Rouge, Court of Appeal of Louisiana, First Circuit
Feb. 5, 1981, 398 So. 2d 602 (motor vehicle accident)
Johnson v. Delchamps, Inc., United States Court of Appeals for the Fifth Circuit,
Jun. 9, 1988, 846 F. 2d 1003 (personal injury)
McMillan v. State Farm Mut. Auto Ins. Co., Supreme Court of Louisiana,
Mar. 6, 1978, 356 So. 2d 1368 (motor vehicle accident)
St. Pierre v. Gabel, Court of Appeal of Louisiana, First Circuit,
Oct. 17, 1977, 351 So. 2d 821 (personal injury)
Whitaker v. Church’s Fired Chicken, Inc.,
Jul. 16, 1979, 373 So. 2d 1371 (workers compensation)
Moody v. Callon Petroleum Operating Co., United States District Court for the Eastern District of Louisiana,
Feb. 11, 1999, 37 F. Supp. 2d 805 (maritime)
Gobert v. S.W.D.I., L.L.L., Court of Appeal of Louisiana, First Circuit,
May 5, 2009, 2008 1598 (La.App. 1 Cir. 05/05/09) (workers compensation)
Hammons v. ABB C-E Servs., Court of Appeal of Louisiana, First Circuit,
Oct. 6, 1995, 671 So. 2d 370 (workers compensation)
Hammons v. ABB C-E Servs., Court of Appeal of Louisiana, First Circuit,
Mar. 29, 2006, 2005 0807 (La.App. 1 Cir. 03/29/06) (workers compensation)
Perry v. Commercial Union Ins. Co., Court of Appeal of Louisiana, First Circuit,
Oct. 11, 1989, 551 So. 2d 693 (workers compensation)
Sharp v. Stokes Towing Co., United States District Court for the Northern District of Mississippi, Greenville Division,
Jan. 12, 1998, 989 F. Supp. 791 (maritime)
Williams v. Capital Steel, Court of Appeal of Louisiana, First Circuit,
Oct. 7, 1994, 93-2154 (La. App. 1 Cir. 10/7/94) (workers compensation)
Callihan v. Gulf Coast Marines, 714 So.2d
199 (La. App. 1 Cir. 1998) (workers compensation)
Williams v. Capital Steel, 644 So. 2d 705 La App. 1 Cir
10/7/94 (workers compensation)