Louisiana Injury Lawyers Blog
If you’ve suffered a personal injury in Louisiana, you may be dealing with medical bills, lost wages, and a lot of stress. But you don’t have to go through it alone. If someone else caused your injury, you have the right to seek compensation. Unfortunately, filing a Louisiana personal injury lawsuit is rarely, if ever, simple.
When filing a lawsuit, there are strict legal steps you’ll need to follow, and making a mistake could hurt your chances of getting the compensation you deserve. Keep reading to learn about how to file a personal injury lawsuit in Louisiana.
How to File a Personal Injury Lawsuit
Suffering a personal injury isn’t just painful, it can also negatively affect your life. If you’ve been injured due to someone else’s actions, you may need to file a personal injury lawsuit. Louisiana residents can expect to follow the process below when filing a lawsuit in their state:
1.- Seek Medical Attention
As soon as possible after an accident, getting medical treatment should be your first priority, even if you don’t feel any pain. The effects of the accident might not show up right away, but you could experience serious pain later. Besides protecting your health, seeking medical attention also helps secure your personal injury claim.
Without proof of medical treatment, the insurance company might argue that you didn’t have severe injuries or that your injuries had a different cause, which could negatively affect your chances of getting compensated.
2.- Seek Help From an Attorney
To get the compensation you deserve, getting help from a personal injury lawyer is essential. An attorney can review the details of your accident, explain your legal options, and guide you through the process. Personal injury attorneys can also answer your questions, giving you the information you need to make the right decision for your case.
3.- Gather Information About Your Injuries and Other Damages
When filing a claim, you’ll need solid proof to support your case. So, it’s important to gather all the documents related to your case. These may include medical records and bills that show how serious your personal injuries are, as well as insurance claims and notifications. You should also ask your doctor if you’ll need more treatment in the future, as ongoing medical care can increase the amount of compensation to which you’re entitled.
If your personal belongings were damaged or you missed work because of your injury, be sure to collect repair estimates and keep a record of your lost wages. Gathering all this information will help strengthen your Louisiana injury lawsuit and improve your chances of getting fair compensation.
4.- File an Insurance Claim
For most personal injury cases, the first place you’ll turn to seek compensation is an insurance company. For car accident cases, that often means filing a claim with the insurance company of the at-fault driver. For slip-and-falls in public spaces, that means filing a claim with the insurance company of the property owner. If your insurance claim is approved, you may not need to file a lawsuit.
5.- Appealing a Denied Claim
If the insurance company denies your claim or offers an amount that doesn’t cover your damages, you may have the option to file an appeal. Appeals are handled internally by the insurance company.
6.- Send a Demand Letter
If your insurance appeal is rejected, the at-fault party is uninsured, or the at-fault party is denying liability, then it’s time to take action. After talking to a Louisiana personal injury lawyer and gathering all necessary evidence, the next step is sending a demand letter. This officially notifies the person responsible for your injury and their insurance company that you plan on filing a lawsuit. Taking this step can speed up the process and increase the chances of reaching a settlement. This may be all it takes to get a fair compensation offer.
7.- File a Personal Injury Claim
If your demand letter is ignored, then it’s time to file a lawsuit. You will need to work with an attorney to ensure that all necessary documentation and evidence is included. Keep in mind that you will generally only have 2 years from the date of the accident in which to file a lawsuit.
8.- Negotiating a Settlement
Depending on your attorney’s approach, they may seek compensation before or after filing your Louisiana personal injury lawsuit. This usually involves negotiating with the at-fault party or their insurance company. Both sides will go back and forth with offers and counteroffers in an attempt to reach a fair settlement. If an agreement isn’t reached, the case moves forward, and a lawsuit may be filed to pursue compensation in court.
9.- Go to Trial
Most personal injury cases are settled before reaching court, but sometimes, going to trial is the only way to get fair compensation. In these case, the trial process can take anywhere from a few months to a few years, depending on the complexity of your case
How Long Do I Have to File a Personal Injury Lawsuit in Louisiana?
In Louisiana, there’s a deadline called the statute of limitations that limits how long you have to file a lawsuit. The time limit is usually two years, and it begins on the date of your injury or accident. If you miss this deadline, you could lose your right to seek compensation, even if your case is strong. However, there are some exceptions that could change this time limit. Some of these exceptions include:
- If the injured party was a minor at the time of the accident
- If you don’t know who caused your injury
- If your injury was caused by a violent crime
Note that the two-year time limit is for injuries that were sustained on or after July 1, 2024. For injuries before that date, the limit is one year.
Do I Have a Strong Personal Injury Case?
Before filing a lawsuit, it’s important to know whether you have a strong case. The strength of your case depends on liability, which means proving that someone else was responsible for your injury. To do this, four requirements must be met:
- A. Duty of Care – The person responsible for your injury must have had a legal obligation to act in a way that prevents harm. For example, trucking company has a duty to hire qualified drivers and properly maintain its vehicles.
- B. Breach of Duty – You must show that the at-fault party failed in their duty of care. For example, a trucking company may allow an untrained driver to operate a truck.
- C. Causation – There must be a clear link between the breach of duty and your injury. This usually involves two components: your injury would not have occurred without the at-fault party’s negligence, and your injury was something that a reasonable person could have predicted.
- D. Actual Damage – You need proof that you suffered real losses, like medical expenses, lost income, or pain and suffering. Without actual damage, there’s no case.
If all these requirements are present, you likely have a strong personal injury case. However, even if your case seems solid, insurance companies and the at-fault party may try to argue against it. A New Orleans personal injury lawyer can fight for your rights and help you get the compensation you deserve.
What Compensation Can I Receive Through a Personal Injury Lawsuit?
For personal injury cases in Louisiana, there are generally three main types of compensation you can receive through a personal injury lawsuit:
Economic Damages
Economic damages are financial losses that you suffer because of the accident. These losses are often easier to prove than non-economic damages because they come with clear records, such as bills, invoices, statements, and receipts. Some examples of economic damages in a Louisiana personal injury case include:
- Lost wages
- Past and future medical expenses
- Property damage
- Funeral costs
- Reduced earning power
Non-economic Damages
Non-economic damages are losses you can’t place an actual value on. However, to offer settlement to the injured party, it is calculated based on two methods: the per diem and multiplier method.
The per diem method involves deciding how much money each day of pain is worth. Then, the court multiplies that amount by the number of days you will be in pain to get the total.
For the multiplier method, the court will assign your case a multiplier between 1.5 and 5 depending on the severity of your pain. Then, they multiply that figure by your total economic losses to figure out how much money you should get. Here are some examples of non-economic damages:
- Loss of consortium
- Survivor’s grieve
- Loss of enjoyment of life
- Pain and suffering
- Disfigurement
- Mental anguish
- PTSD and other mental conditions
Punitive Damages
Punitive damages are not meant to cover specific losses but are instead intended to punish the at-fault party for reckless or intentional harm. These types of damages are relatively rare in Louisiana and are usually awarded in cases where someone acted dangerously, like a drunk driver causing a serious crash.
Why Do I Need a Lawyer to File a Louisiana Injury Lawsuit?
Insurance companies often try to pay as little as possible on claims, and legal procedures can be confusing if you’re not familiar with personal injury law. But, with a lawyer on your side, you’ll have someone to protect your rights and fight for fair compensation. Here’s why hiring a personal injury lawyer is important:
- They Understand Louisiana Personal Injury Laws – Louisiana has its own legal rules, and a lawyer understands how they work. Whether it’s a medical malpractice lawsuit or a car accident case, a lawyer can guide you and help build a strong case.
- They Can Help Gather Strong Evidence – To win your case, you need proof like medical records, witness statements, and expert opinions. For a medical malpractice case, you must show that a doctor made a serious mistake. Your lawyer will help with this process.
- They Can Handle Negotiations – Insurance companies often try to settle for less than you deserve. A lawyer can help you negotiate and fight for fair compensation.
- They Represent You in Court – If your case goes to trial, a lawyer will help you build a strong argument and present your case before a judge or jury.
A New Orleans Personal Injury Lawyer Can Help With Your Case
If you’re seeking compensation for personal injury, the legal process can be overwhelming. To ensure a positive outcome in your case, you should work with an experienced New Orleans personal injury lawyer.
At The Cardone Law Firm, attorney Cliff Cardone is dedicated to working with clients to ensure they receive fierce legal representation. If you need to file a Louisiana personal injury lawsuit, he can guide you through the process. Schedule an appointment with an experienced lawyer at The Cardone Law Firm today!