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Practice: Injury Law

City of Lafayette Louisiana’s Traffic and Alerts

Generally
Accidents and injuries are governed by what is known as "tort law." A tort is a private or civil wrong or injury (other than breach of contract) for which a victim may sue for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed. We represent individuals hurt as a result of:
  • Car, truck, and motorcycle accidents
  • Dangerous roadways
  • Boating accidents
  • Ship and oil field accidents
  • Slip and fall accidents
  • Unsafe products
Basis of Liability
 In Louisiana, La. Civ. Code art. 2315 provides that "[e]very act whatever of man that causes damage to another obliges him by whose fault it happened to repair it." Under this code (and others), you can sue for many wrongful actions which have caused you injury.

What Are the Elements?
"Negligence" is the failure to do (or not do) something which a reasonably prudent person would do under like circumstances. In determining negligence, we must ask the following questions:
  1. Cause in Fact: Did the defendant's conduct actually cause the plaintiff injury?
  2. Duty/Risk: Did the defendant owe a duty of care, and did the duty extend to this injury, to this plaintiff, that occurred in this manner, from this risk, etc. There are two distinct parts of this element:
      • Traditional Duty: What is the standard of care applicable to this defendant?
      • Scope of the Duty: Should this defendant be responsible to this plaintiff, for this injury, which occurred in this manner, etc?
  3. Breach of the Duty: Did defendant breach the duty?
  4. Injury: Did the plaintiff actually suffer injury?
For you to receive compensation, each of these four elements must be present.

What If I Am Injured or in a Car Accident?
If you are the victim of a car accident (or part of the cause), do not admit or speak to the other person about the accident. Talk about anything else, but NEVER TALK ABOUT THE ACCIDENT TO THEM. Anything you say can and probably will be used against you. Your goal should be to establish an official record by:
        1. Calling the police and making an official report;
        2. Making a statement to authorities but NOT to someone else's insurance company, and
        3. Visiting a doctor or the hospital to document your injuries. 
You should then immediately contact a lawyer, who can then advise you about your legal rights and responsibilities. The sooner you are guided by a legal professional, the better your chances for a just and fair settlement.

Do Not Be Mislead!
Your accident is not a lottery ticket. Our legal system is about seeking fairness and dispensing justice.  If you are injured, you deserve fair compensation--not a lottery ticket. A good lawyer will seek to compensate you for legitimate injuries and to make you WHOLE again. Sometimes that means that you deserve a LARGE settlement; other times, a fair settlement may be less than you think. A lawyer can always promise you the world, but he or she must ultimately convince a judge or jury. You must, therefore, be credible to win. I promise to fight hard and fair for every penny the law says you justly deserve.

The law office of Nathan G. Frazier is located in Lafayette, Louisiana and provides legal representation to clients throughout Louisiana, including the cities of Lafayette, Abbeville, Breaux Bridge, Church Point, Crowley, Franklin, Opelousas, New Iberia and Rayne and throughout Lafayette Parish, St. Martin Parish, St. Landry Parish, Acadia Parish, Vermilion Parish, Jeff Davis Parish and St. Mary Parish. 

Legal Disclaimer
This website does not offer you legal advice nor does it constitute the creation of an attorney-client relationship. This website contains general information and is no substitute for talking to a licensed attorney. If you need legal assistance, you must call and speak to me or another licensed attorney in your area as soon as possible. Many legal actions and defenses are subject to strict time limits so you must act quickly to protect your rights.
Subpages (1): Frequently Asked Questions