What is a Personal Injury Lawsuit?
Personal injury cases refer to legal disputes that arise when a person suffers harm as a result of an injury or accident that someone else was legally responsible for causing. The legally responsible party or insurance company would then pay for damages suffered by the injured person and associated with the accident, for example, property damage, medical bills or pain and suffering.
Other personal injury cases like medical malpractice will require a New Orleans personal injury lawyer to work with hospital attorneys and insurance companies. These personal injury cases become formalized when the injured party or their attorney files a complaint in the court of New Orleans.
In reality, not all personal injury cases go to court. The parties involved in disputes over fault for injuries or accidents can settle the matter out of court if both sides agree on a settlement during negotiation or mediation.
- Car accident
- Truck accident
- Motorcycle accident
- Property damage
- Workplace accident
- Wrongful death accident
- Medical malpractice
- Drug lawsuit
Filing a Personal Injury Lawsuit in New Orleans
Filing a personal injury lawsuit in New Orleans against the at-fault party can provide victims the compensatory damages they may need to recover mentally, financially and physically. If you or a family member are unsure about how to file a personal injury New Orleans lawsuit, an expert New Orleans personal injury lawyer can help.
Call 504-533-3733 or fill out our form and connect with The Louisiana Center and the legal, medical and community resources you need to confirm case eligibility, file a claim and fight for damages suffered during an accident that was not your fault.
How Do I Know if I Have a Personal Injury Claim?
Just because a person was in a car accident and got injured does not mean that they should file a personal injury claim or that they have a successful lawsuit in their hands. To recover damages, victims must prove three things:
- The responsible party was negligent. For instance, in a truck accident, if the truck driver crashed into a victim’s car after ignoring a visible stop sign, the law considers that negligent action.
- The negligence was the cause of personal injury. In the truck accident above, if the victim suffered an injury due to the crash, the law considers the other driver (negligent party) as the one who caused the damages.
- The injury sustained resulted in harm. From the examples above, if the victims’ injuries resulted in medical bills, pain and suffering or lost wages, then they may have rights to compensatory damages.
How Long Does a New Orleans Personal Injury Lawsuit Take?
It is hard to put a specific time to the length of a personal injury lawsuit because of its varying nature. Things like the type of case or the facts surrounding it can all affect how long it takes to reach an agreed settlement or trial verdict.
Generally, personal injury claims that get settled by the insurance company take a shorter period to complete compared to a lawsuit that goes to court.
- The extent of injuries and medical treatment needed
- The type of accident
- Amount of damages incurred
- The complexity of the case
- Settlement or trial
Since the prescriptive period for Louisiana personal injury lawsuits is one year, the victim must file a suit within that time.
Personal Injury Damages
Civil lawsuits for personal injury allow plaintiffs to collect financial compensation for their damages from at-fault parties if their cases are successful. The intent of awarding damages in a personal injury suit is to make the plaintiff whole after sustaining an injury. Types of damages include:
- Those with no specific dollar value, such as pain and suffering, emotional distress or loss of consortium
- Those out-of-pocket with economic value, which can include medical bills, lost wages or property damages
How Do I File a Personal Injury Lawsuit in New Orleans?
Usually, a personal injury claim precedes a lawsuit. A victim seeking compensation may first file a claim with their insurance company. The insurance claim should include an account of what happened plus any evidence collected, such as photos of the injuries and property damage, medical reports or defective products. Also important in a legal claim is documentation of out-of-pocket expenses like medical and property repair receipts and the amount of work missed.
Hiring a personal injury lawyer can take the complexity and anxiety out of negotiating with the insurance company and is advisable if it can increase the chances of a victim receiving compensation for damages incurred. If you have been in an accident and are unsure about dealings with your insurance company or whether your accident and injuries are eligible for compensation, a New Orleans personal injury lawyer can help. Call 504-533-3733 or fill out our form and determine the best move forward for you.
What is The Process Like in Personal Injury Lawsuits?
Lawsuits can take months or even years to bring to completion depending on complexity of the claim. The process starts with the complaint and answer phase, where the victim files the suit with detailed accusations and the extent of their damages. After filing the lawsuit, the defendant must be properly served with a copy of the lawsuit, after which the defendant must answer the complaint within a certain amount of time. Other phases:
- The discovery phase is for gathering evidence, testimony, information and documents from each other and third parties. Oral discovery (deposition) can also take place.
- The motions phase gets the court involved in the lawsuit.
- Mediation is an alternative dispute resolution strategy that occurs outside of official court proceedings and includes a neutral mediator who helps both parties come to an amicable decision.
- A lawsuit that proceeds to trial goes in front of a judge.
- After the issue of the verdict, either party may appeal the decisions to an appellate court.
Finding the Leading New Orleans Personal Injury Lawyers
Insurance companies often have a legal team and a claims department whose primary purpose is to limit the exposure of the insurer and help them avoid paying out large sums of money. Therefore, victims with a personal injury claim or lawsuit need the services of an experienced New Orleans personal injury attorney. A New Orleans personal injury lawyer knows the laws, provides professional legal advice and guidance, helps build a successful claim, negotiate a fair settlement, and ensures that victims receive commensurate compensation for their damages. Without an experienced lawyer, insurers can bully victims into settlements and accepting a low-ball amount.
Egenberg, APLC delivers courtroom success and provides high-quality representation and counsel needed to resolve cases and win settlements. Bradley Egenberg and his team of competent attorneys believe that those who cause accidents through negligence must be accountable for their actions and compensate their victims. Egenberg, APLC serves clients across Louisiana and the greater Gulf Coast region
How the Law Center Can Help
The Law Center is a rich resource of information on personal injury, legal guidance and community support. We help victims connect with a national network of leading attorneys. Our New Orleans legal partners, including Bradley Egenberg, a local New Orleans personal injury attorney, can help ensure justice to victims and maximize compensation.
Stop searching for a “New Orleans personal injury attorney near me” and call 504-533-3733 or fill out the form below and confirm your eligibility to file for compensation and connect with our leading New Orleans personal injury lawyers.