How to Get a Personal Injury Claim Started in Louisiana
If you have suffered injuries or losses due to someone else's negligence in Louisiana, you may have grounds for a personal injury claim or lawsuit. It can fee very overwhelming after you are injured on what you need to do first. It can feel like so much to do such as calling your insurance adjuster, getting a rental car, recovering from your injuries. It is important to know However, the process must be handled carefully from start to finish.
Here are the key steps:
1. Seek Medical Treatment Immediately
Even if your injuries seem minor at first, it's crucial to seek prompt medical attention. Symptoms of some injuries, such as soft tissue damage or concussions, can take days or even weeks to manifest fully. Having a timely medical record will strengthen your case later on. Be sure to follow all your doctor's recommendations for treatment and therapy. If you do not see a doctor or seek medical treatment right away, this could be used against you later on. The negligent party may try to say you are not injured since you did not seek treatment right away.
2. Contact an Experienced Personal Injury Attorney
Before providing any official statements, sign anything, or agree to a quick settlement, consult with a qualified Louisiana personal injury attorney. An attorney can protect your legal rights, deal directly with insurance adjusters on your behalf, determine viable defendants, establish negligence and liability, handle court filings and paperwork, and ultimately maximize your compensation.
3. Gather Relevant Evidence and Documentation
In addition to medical records related to the accident and your injuries, collect police reports, eyewitness statements, photographic evidence, accident reconstruction data, and anything else pertaining to liability and damages. Your attorney can subpoena additional documentation as needed.
4. Understand the Value of Your Personal Injury Claim
An accomplished personal injury attorney has handled numerous cases similar to yours and understands how to accurately assess and calculate the full value of your damages. This includes both economic and non-economic losses. Your lawyer will explain what a fair settlement would be.
5. File Necessary Paperwork with the Court
Once you've decided to pursue further legal action, your attorney will draft a comprehensive complaint detailing your allegations of negligence against the defendant(s). This paperwork is complex and must meet strict court guidelines. Your lawyer will know specifically how and where to file the paperwork depending on the courts with jurisdiction over your case.
6. Engage in Settlement Negotiations
Rather than face an expensive trial, insurance companies often prefer to settle valid claims. Your lawyer will send a demand letter to the defendant's insurer negotiating for a fair settlement offer. Expect some back and forth before reaching an agreement. If negotiations fail, the case proceeds to trial.
7. Take the Case to Trial
If a reasonable settlement cannot be reached through negotiation, your attorney will aggressively argue your case in court before a judge or jury. With an experienced trial lawyer representing you, even stubborn insurance companies often agree to a settlement before the end of the trial once they see how strong your case is.
The personal injury attorneys at Moisant Law Firm experience assisting injured Louisianans. Contact us for a free consultation.