How Long do I Have to File an AED Defibrillator Claim?

An automated external defibrillator (AED) device can be a life-saving tool in situations of injury or illness, but only if it is used. How long do I have to file an AED defibrillator claim in Louisiana? 

While factors such as who failed to use it or if the product failed to work need to be considered, most personal injury claims must be filed within one year of the injury with the help of a New Orleans personal injury lawyer.

Potential AED Claims

The details of your case play an important role in determining if you can file a claim, as well as what that claim may be worth. If you are unsure if you can file a claim, it is critical to reach out to an experienced personal injury attorney in Louisiana to guide you. 

Here are a few scenarios that may impact your rights when determining how long do I have to file an AED defibrillator claim.

• AED failed to work claim: If someone attempted to use an AED on you but the device failed to work, you may be able to file a claim against the manufacturer or other responsible party.
• AED was not used: Under Louisiana law, some locations in the state must maintain an AED onsite to provide helpful support to victims in a time of crisis. If there is no device onsite, they could be held liable for your losses.
• The AED was available, but no one was trained: In addition to having the legal requirement to have an AED present, the employees within those locations must have training to know how to use it. If they do not, you may be able to file a claim.

Filing an AED claim is your right if you can prove negligence occurred. That means you must prove someone owed you a duty of care, they failed in that duty of care through their actions or inactions, that failure led to the incident, and you suffered losses as a result of it.

With the help of a Louisiana AED liability lawyer, you can recover associated damages.

Know Who must have an AED Onsite

Louisiana law is aggressive in that it requires many types of buildings and properties to have an AED device onsite with employees trained in how to use it, according to the Public Access Defibrillation (PAD) State Law Fact Sheet.

At the federal level, all courthouses, post offices, and airports managed by the federal government must have an AED. Locally, Louisiana law requires the following types of public places and businesses to maintain these devices:

• Golf courses
• Medical buildings of most types
• Bars and restaurants
• Theaters and other entertainment venues
• Gyms and health clubs
• Train stations, airports, and other transportation hubs
• Schools and colleges
• Nursing homes
• Sports stadiums and event centers

In situations where the device is not present, and it is a requirement that one be present, the property owner may be held responsible for the resulting losses.

This is not simplistic to achieve as a victim or the family of a victim who lost their life. If you believe negligence took place, seek the legal guidance of our attorney.

What You May be Able to Recover in an AED Claim

As noted, victims of personal injury have one year to file a claim against the at-fault party, and that means that you do not have a lot of time to take action.

During this time, we must prove that negligence occurred and that led to your losses. We will then document the types of losses you have associated with that claim, such as:

• Medical complications due to non-life-saving treatment 
• Wrongful death if your family member died because an AED failure occurred
• Ongoing medical complications from lack of care, such as strokes or brain damage from oxygen deprivation 
• Medical costs associated with rehabilitation and recovery that may be more extensive due to the lack of proper use of an AED
• Emotional trauma and mental anguish as a result of the event 
• Future medical care costs 
• Loss of earning capacity 
• Pain and suffering 

As our legal team will tell you, if you are unsure if you have a case, we strongly encourage you to take action anyway and to do so with aggressive legal representation by your side.

Let our attorneys investigate your case to determine what occurred, who is responsible, and what your damages are. This could prove critical to the long-term recovery of your losses, and our case results show how diligently we work with our clients.

What to do if Your Family Member Died

In some situations, the worst outcome occurs, and a person does not receive the life-saving AED equipment they need in time. In situations like this, we strongly encourage close family members to seek out legal guidance. Do not settle your case until you speak to us about what occurred. 

Our New Orleans wrongful death lawyer will determine all responsible parties in this tragedy. We will then build evidence that indicates a failure to act or provide proper care, demonstrating who is at fault. From there, our legal team will outline the financial losses owed to the estate and all dependents.

Insurance companies will aggressively try to reduce these compensation opportunities and may even delay so long as to hope you miss the filing deadlines.

We encourage you to seek out our legal team today, let us provide you with a free consultation and gain insight into what your rights are to filing such a claim.

There is no easy way to navigate what you are facing right now, but the law is on your side, and so are we when looking at how long do I have to file an AED defibrillator claim.

Contact an AED Liability Claim Attorney

You have one year from the date of the accident to seek out legal action in a court of law against the at-fault party when determining how long do I have to file an AED defibrillator claim. 

At Scott Vicknair Injury Lawyers, we encourage you not to wait to seek out this legal help as evidence for your case may become harder to obtain. Instead, set up a free consultation with us now to allow our team to go to work on building your case and outlining the losses you have.