FAQ: Personal Injury
Welcome to our FAQ page, where we address common questions about your personal injury case.
General Questions
A personal injury case involves seeking compensation for injuries caused by someone else’s negligence or wrongful actions. Whether it’s a car accident, slip and fall, or other incidents, these cases aim to recover damages for medical bills, lost wages, and pain and suffering.
Determining if you have a personal injury case depends on several factors, primarily whether someone else’s negligence caused your injury. If you’ve been injured due to a car accident, slip and fall, or other incidents where negligence played a role, you likely have grounds for a personal injury claim.
You may need a personal injury lawyer if you’ve been injured and believe someone else is at fault. A lawyer can assess your case, protect your rights, negotiate with insurance companies, and represent you in court if necessary, ensuring you receive fair compensation for your injuries and losses.
If you’ve been injured in an accident, prioritize your health and safety first by seeking medical attention. Document the accident scene, collect evidence such as witness statements and photos, and report the incident to relevant authorities. Contacting a personal injury lawyer promptly can also help preserve evidence and protect your legal rights.
In Louisiana, you typically have one year from the date of your injury to file a personal injury lawsuit. This time frame, known as the statute of limitations, underscores the importance of seeking legal advice promptly after an accident.
Check out our blog post on the statute of limitations to learn more and see how it might impact your defense strategy.
A personal injury lawyer handles a wide range of cases where individuals have been injured due to the negligence or wrongdoing of others. Common types of cases include:
- Car accidents: Involving negligent drivers, such as distracted or drunk driving.
- Slip and fall accidents: Resulting from hazardous conditions on someone else’s property.
- Workplace accidents: Injuries sustained on the job due to safety violations or negligence.
In a personal injury case, you may be entitled to various types of compensation, known as damages, depending on the specifics of your case:
- Medical expenses: Including current and future costs related to your injury.
- Lost wages: Compensation for income you’ve lost due to your injury.
- Pain and suffering: Non-economic damages for physical and emotional distress.
- Loss of consortium: Compensation for the impact on your relationships.
- Punitive damages: In cases of extreme negligence, to punish the responsible party.
Whether to accept an insurance company’s settlement offer depends on various factors, and it’s advisable to consult with a personal injury attorney before making a decision. Insurance companies often aim to settle for the lowest possible amount, which may not fully cover your damages. An experienced attorney can assess the offer in relation to your injuries and losses, negotiate for a fair settlement, or advise proceeding to trial if necessary to achieve maximum compensation.
Hiring a personal injury attorney typically involves no upfront costs for clients. Most personal injury lawyers, including ours in New Orleans, work on a contingency fee basis. This means our fee is contingent upon securing a successful outcome for your case, usually a percentage of the settlement or trial verdict obtained. If we don’t win your case, you owe us nothing for our legal services.
Our firm believes everyone should have access to experienced legal representation, regardless of their financial situation. By offering contingency fees, we ensure our clients can pursue justice and compensation for their injuries without financial risk.
Types of Personal Injury Cases
- Seek Medical Attention: Your health is the top priority. Seek medical treatment immediately, even if your injuries seem minor.
- Report the Accident: Call the police to report the accident. An official report can be crucial for your insurance claim and potential lawsuit.
- Gather Evidence: Collect information from the scene, including photos of the vehicles, contact information of witnesses, and any relevant details.
- Contact a Personal Injury Attorney: Consult with a skilled personal injury attorney in New Orleans who can assess your case, handle communications with insurance companies, and advocate for your best interests.
- Document Your Injuries and Expenses: Keep records of all medical treatment received, along with any other expenses related to the accident.
Yes, you can sue for a slip and fall accident in Louisiana if you can demonstrate that the property owner’s negligence caused your injury. Property owners have a duty to maintain safe premises and warn visitors of potential hazards. To pursue a successful claim:
- Document the Scene: Take photos of the hazardous condition that caused your fall, such as wet floors, uneven surfaces, or inadequate lighting.
- Seek Medical Attention: Obtain medical treatment for your injuries and keep records of all medical expenses.
- Report the Incident: Inform the property owner or manager of the accident and request a written report.
- Consult a Personal Injury Lawyer: Contact a skilled personal injury attorney in Louisiana who can evaluate your case, gather evidence, and navigate the legal complexities to pursue compensation.
If you’ve been bitten by a dog in Orleans Parish, it’s important to take immediate steps to protect your health and legal rights:
- Seek Medical Attention: Dog bites can lead to serious infections. Seek medical treatment promptly, even for seemingly minor bites.
- Identify the Dog Owner: Obtain the owner’s contact information and details about the dog, including vaccination history if possible.
- Document the Incident: Take photos of your injuries and the scene where the bite occurred. Collect witness statements if available.
- Report the Incident: Report the dog bite to local animal control authorities to document the incident.
- Consult a Personal Injury Attorney: Contact a knowledgeable personal injury attorney in Orleans Parish who can assess your case, determine liability, and pursue compensation for medical bills, lost wages, and other damages.
If you’ve been injured at work in Louisiana, you have the right to seek compensation through the state’s workers’ compensation system. Here’s what you should do:
- Report the Injury: Notify your employer as soon as possible. There are strict deadlines for reporting workplace injuries.
- Seek Medical Treatment: Obtain necessary medical care for your injuries. Your employer or their insurance carrier may have specific healthcare providers you must see.
- File a Claim: File a workers’ compensation claim with the Louisiana Workforce Commission. Your employer should provide you with the necessary forms.
- Consult a Workers’ Compensation Attorney: Consider consulting with an experienced workers’ compensation attorney in Louisiana who can ensure your rights are protected, navigate any disputes, and help you obtain maximum benefits.
If you’ve been injured in a pedestrian accident, you may be entitled to seek compensation for your injuries and losses. Pedestrian accidents often result from driver negligence, such as distracted driving or failure to yield. Here’s what you should do:
- Seek Medical Attention: Your health is paramount. Seek medical treatment immediately, even if your injuries seem minor.
- Document the Incident: Gather evidence such as witness statements, photos of the accident scene, and any police reports filed.
- Contact a Personal Injury Attorney: Consult with an experienced personal injury attorney in Orleans Parish who can evaluate your case, determine liability, and pursue compensation from the at-fault party’s insurance company.
- Protect Your Rights: Louisiana follows comparative fault rules, meaning your compensation may be reduced if you were partially at fault. An attorney can protect your rights and advocate for fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
If you’ve been injured in a motorcycle accident in Louisiana, it’s essential to take immediate steps to protect your legal rights and seek compensation for your injuries:
- Seek Medical Attention: Motorcycle accidents can result in severe injuries. Seek medical treatment promptly and follow your doctor’s recommendations.
- Document the Accident: Take photos of the accident scene, including damage to your motorcycle and any other vehicles involved. Obtain contact information from witnesses.
- File a Police Report: Report the accident to law enforcement, especially if there are serious injuries or significant property damage.
- Contact a Motorcycle Accident Attorney: Consult with an experienced motorcycle accident attorney in Louisiana who understands the unique challenges faced by riders. They can investigate the accident, handle communication with insurance companies, and pursue compensation for your medical bills, lost wages, and pain and suffering.
- Know Your Rights: Louisiana law allows motorcycle accident victims to seek compensation for damages caused by another party’s negligence. An attorney can help you navigate the legal process and ensure your rights are protected.
Legal Process and Timeline
The duration of a personal injury lawsuit in Louisiana can vary based on several factors, including the complexity of the case, the extent of injuries, and whether the case settles or proceeds to trial. On average, a personal injury lawsuit can take anywhere from several months to a few years to resolve.
During a personal injury deposition, both parties involved in the lawsuit gather sworn testimony from witnesses and parties involved in the case. The deposition typically takes place outside of court and is conducted under oath. It serves as an opportunity for each side to gather information, clarify facts, and assess the credibility of witnesses.
Not all personal injury cases go to trial. Many cases are resolved through negotiated settlements between parties or their insurance companies. Trials typically occur when parties cannot reach an agreement on compensation or liability, or when the case involves complex legal issues that require judicial resolution.
Expert witnesses play a crucial role in personal injury cases by providing specialized knowledge and opinions on key aspects of the case. These experts may include medical professionals, accident reconstruction specialists, engineers, or economists who can testify about the extent of injuries, the cause of accidents, or the long-term impact of injuries on a person’s life.
The discovery phase in a personal injury lawsuit is the pre-trial process where each party gathers evidence from the opposing party and third parties involved in the case. This phase includes exchanging documents, conducting depositions, and requesting information to prepare for trial or settlement negotiations.
Yes, many personal injury cases are resolved through out-of-court settlements, avoiding the need for a trial. Settlements can provide a quicker resolution, reduce legal costs, and offer more control over the outcome. However, it’s crucial to have an experienced personal injury attorney negotiate on your behalf to ensure you receive fair compensation for your injuries and losses.
Several factors influence the value of a personal injury claim, including:
- Severity of Injuries: The extent and permanence of your injuries.
- Medical Expenses: Costs for current and future medical treatment.
- Lost Income: Income lost due to inability to work during recovery.
- Pain and Suffering: Physical and emotional distress caused by the injury.
- Evidence of Liability: Clear evidence proving the other party’s fault.
Louisiana follows comparative fault rules, which means your compensation may be reduced if you are partially responsible for the accident. If you are found to be less than 100% at fault, your compensation will be reduced proportionately to your degree of fault. However, you can still recover damages as long as your fault does not exceed the fault of the other party.
In New Orleans and throughout Louisiana, the statute of limitations for personal injury lawsuits involving minors typically extends until the minor reaches the age of 18. This means the minor has until their 18th birthday to file a lawsuit for injuries sustained. It’s crucial to consult with a personal injury attorney as soon as possible to understand specific deadlines and legal requirements.
Louisiana allows punitive damages in personal injury cases when the defendant’s actions are deemed intentional, reckless, or grossly negligent. Punitive damages are meant to punish the defendant and deter similar conduct in the future. To secure punitive damages, your attorney must prove the defendant’s conduct was particularly egregious and warrants additional financial penalties.
Hiring a Personal Injury Attorney
When searching for a personal injury lawyer in New Orleans, it’s essential to consider several key factors to ensure you choose the right attorney for your case:
Experience: Look for a lawyer with extensive experience specifically in personal injury law. Experience in handling cases similar to yours demonstrates their ability to navigate complexities and achieve favorable outcomes.
Reputation: Research the lawyer’s reputation in the legal community and among past clients. Positive reviews and testimonials can provide insights into their professionalism, communication, and success rate.
Track Record of Success: Review the lawyer’s track record of successful settlements and verdicts in personal injury cases. A proven history of securing substantial compensation for clients is a strong indicator of their capabilities.
Resources and Team: Assess the firm’s resources, including access to expert witnesses, investigators, and support staff. A well-equipped team can strengthen your case and improve your chances of success.
Personalized Attention: Choose a lawyer who offers personalized attention and responsiveness. You should feel comfortable communicating with them and confident in their commitment to your case.
Experience: “How long have you been practicing personal injury law, and what percentage of your practice is dedicated to this area?”
Case Assessment: “Based on the facts of my case, what are the strengths and potential challenges you foresee?”
Strategy: “What approach do you recommend for pursuing maximum compensation in my situation?”
Communication: “How will you keep me informed about developments in my case, and how quickly can I expect responses to my questions?”
Fees and Costs: “What are your fees, and do you work on a contingency fee basis? What additional costs should I anticipate?”
References: “Can you provide references from past clients or examples of successful cases similar to mine?”
Contingency fees allow personal injury clients to retain legal representation without upfront costs. Instead, the attorney’s fees are contingent upon successfully recovering compensation for the client. If the case is successful, the attorney’s fee is typically a percentage of the amount recovered. If the case is unsuccessful, the client does not owe any attorney fees.
Evidence and Documentation
In a personal injury case, gathering and preserving key evidence is crucial to building a strong claim for compensation. Important evidence may include:
- Medical Records: Documenting the extent and nature of your injuries.
- Photographs and Videos: Capturing the accident scene, injuries, and property damage.
- Witness Statements: Accounts from individuals who witnessed the accident.
- Police Reports: Official reports detailing the accident and any citations issued.
- Financial Documentation: Proof of expenses related to medical treatment, lost wages, and other injury-related costs.
Obtaining medical records for your personal injury case in Louisiana involves several steps:
Authorization: Sign a medical release form allowing your attorney to request records from healthcare providers.
Request: Your attorney submits requests to hospitals, doctors, and other medical providers for relevant records.
Review: Once obtained, your attorney reviews the records to assess the extent of your injuries and treatment received.
Analysis: Medical records play a crucial role in proving the impact of your injuries on your life and supporting your claim for compensation.
Keeping a personal injury journal can be beneficial in documenting the impact of your injuries on daily life, emotional well-being, and recovery progress. It can include details such as:
- Pain Levels: Daily descriptions of pain intensity and how it affects activities.
- Activities: Notes on activities you are unable to perform due to injuries.
- Medical Appointments: Dates, times, and outcomes of medical visits.
- Emotional State: How the injury has affected your emotional health and relationships.
Yes, it is essential to keep receipts and documentation for expenses related to your injury, including:
- Medical Bills: Invoices for doctor visits, hospital stays, surgeries, medications, and rehabilitation.
- Lost Wages: Records showing income lost due to inability to work during recovery.
- Other Costs: Receipts for transportation to medical appointments, home care services, and necessary medical equipment.
Preserving evidence from the accident scene is essential to supporting your personal injury claim. Follow these steps:
Photographs: Take photos of the scene, including vehicles, property damage, and any visible injuries.
Collect Items: Gather physical evidence such as damaged clothing, objects involved in the accident, or road conditions.
Witness Information: Obtain names and contact information from witnesses who observed the accident.
Police Reports: Obtain a copy of the police report documenting details of the accident.
Settlements and Compensation
Insurance companies evaluate personal injury claims based on several factors to determine the extent of liability and compensation:
Liability Assessment: They investigate who was at fault for the accident based on evidence and witness statements.
Extent of Injuries: They review medical records to assess the severity of injuries and necessary treatment.
Damages Calculation: They consider economic losses such as medical expenses and lost wages, as well as non-economic factors like pain and suffering.
Comparative Fault: They may reduce compensation if the injured party shares some responsibility for the accident.
If an insurance company denies your personal injury claim, you have options to pursue further action:
Review Denial Reason: Understand the reason for the denial and gather additional evidence if necessary.
File an Appeal: Appeal the denial with the insurance company, providing additional documentation and legal arguments.
Legal Action: Consider filing a lawsuit against the at-fault party if negotiations and appeals are unsuccessful.
Negotiating a settlement with the insurance company involves strategic steps to achieve fair compensation:
Evaluate Damages: Calculate economic losses and non-economic damages, including pain and suffering.
Prepare Documentation: Gather evidence such as medical records, bills, witness statements, and proof of income loss.
Present Demand: Draft a demand letter outlining your claim, including a settlement amount supported by evidence.
Negotiate: Engage in negotiations with the insurance adjuster, responding to counteroffers and advocating for your best interests.
Yes, Louisiana allows compensation for pain and suffering in personal injury cases, in addition to economic damages like medical expenses and lost wages. Pain and suffering compensation is intended to address the physical and emotional distress caused by the injury, enhancing overall recovery.
Economic Damages: Tangible financial losses such as medical bills, property damage, and lost wages.
Non-Economic Damages: Intangible losses including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Legal Rights and Advice
While you have the legal right to handle your personal injury case without an attorney, it’s not advisable. Here’s why:
Legal Complexity: Personal injury law can be complex, involving intricate rules and procedures that are best navigated by a knowledgeable attorney.
Insurance Tactics: Insurance companies have teams of adjusters and lawyers working to minimize payouts. An experienced attorney can counter their tactics and negotiate effectively on your behalf.
Maximize Compensation: A personal injury attorney can accurately assess the value of your claim, including damages for medical bills, lost wages, pain and suffering, and other losses.
Legal Expertise: Attorneys understand the legal process, deadlines, and court procedures, ensuring your case is filed correctly and within the statute of limitations.
Before signing any medical release form provided by the insurance company, it’s crucial to understand its implications:
Control of Information: Signing a broad medical release could grant the insurance company access to your entire medical history, potentially unrelated to your injury.
Privacy Concerns: Your medical information should be handled with care to protect your privacy and ensure only relevant records are disclosed.
Consultation: It’s advisable to consult with a personal injury attorney before signing any document to ensure your rights are protected and only necessary information is shared.
If the person responsible for your injury doesn’t have insurance, you may still have options to recover damages:
Uninsured Motorist Coverage: If you have uninsured motorist coverage on your auto insurance policy, it can compensate you for injuries caused by an uninsured driver.
Personal Assets: Pursuing a claim against the at-fault party’s personal assets, if feasible, may provide compensation.
Legal Guidance: Consulting with a personal injury attorney is crucial to explore all available avenues for compensation and protect your rights.
Yes, Louisiana follows a comparative fault rule, allowing you to recover damages even if you were partially at fault for the accident. Here’s how it works:
Percentage of Fault: Damages are reduced by your percentage of fault. For example, if you are found 20% at fault, your damages will be reduced by 20%.
Negotiation: Your personal injury attorney can negotiate to minimize your assigned fault percentage, maximizing your recovery.
Legal Representation: Having an attorney is crucial to presenting a strong case and ensuring fair assessment of fault and damages.
A personal injury lawyer plays a vital role in protecting your rights by:
Legal Expertise: Providing knowledgeable guidance on personal injury laws and procedures in New Orleans.
Investigation: Conducting a thorough investigation to gather evidence and establish liability.
Negotiation: Engaging in negotiations with insurance companies to secure fair compensation for your injuries.
Litigation: Representing you in court if a fair settlement cannot be reached, advocating for your best interests.
Still have questions? Let's Chat.
If you’ve been injured, you deserve answers—and a legal team that’s ready to fight for you. Don’t let someone else’s negligence control your future. Call us at 504-434-7000 to discuss your case and get the compensation you deserve.