Steps In A Louisiana Personal Injury Case
Fortunately, many people will never need to know how a claim or lawsuit works following an accident. If you are reading this, you want to understand more about the steps of a personal injury case.
If you’ve never filed a personal injury claim, we realize it can seem complicated. Our experienced personal injury lawyers can simplify the process. We will answer your questions, and we make your concerns our concerns.
The lawyers of Domengeaux, Wright, Roy & Edwards practice personal injury law for one reason: to help victims of a serious personal injury by fighting for the compensation our clients and their families deserve. We have been successfully representing people in Louisiana and nationwide for over six decades.
We help people in Louisiana communities when they face serious injuries in:
- Car Accidents
- Truck Accidents
- Workplace Accidents
- Maritime Accidents
- Personal Injuries
- Medical Malpractice
First, when you are injured, get medical attention immediately and follow the advice of your doctor. Proper documentation and medical records prove the extent of your injuries, which are extremely important in a personal injury case.
We understand that many people do not like going to the doctor for a variety of reasons. However, not seeing a doctor can be detrimental to your personal injury case. It could also be used against you as evidence that you didn’t really suffer a serious injury.
In terms of healing, it’s important to see a doctor and follow their treatments so you can move on from your injuries. The Louisiana statute of limitations for filing a personal injury claim is one year.
Here are the general steps in a personal injury case after talking to your doctor:
Find a Lawyer: Search the web, read reviews or ask friends to find a great lawyer. When you meet with a lawyer, ask about their experience and ask for references. Make sure you feel comfortable with them and that you are confident they can represent you, even before a jury.
Select and sign: Don’t delay when finding representation for your personal injury case. The experienced Louisiana personal injury attorneys at Domengeaux Wright Roy & Edwards have experience in many practice areas, and we offer free case evaluations to discuss your unique situation. We can help you make smart decisions for your future.
No matter how insignificant you think your accident or injury was, you may find that your claim will be more complicated than you originally thought. It’s always wise to consult with a personal injury lawyer.
An attorney can also help you file your personal injury claim, to inform the individual who is liable for your injuries – and their insurance company – that you plan to file a claim. This can get the process started, and sometimes can help get your claim settled more rapidly.
Discovery and deposition: During this stage, your lawyer will investigate the facts of the case. It can be important to have a law firm with resources to do thorough investigations to support your case. You will likely give testimony of what happened. During this time, you will continue to receive treatments for your injuries. Also, it’s the time to gather estimates of the damage to your personal property or vehicle, keep records of lost wages or other damages.
Negotiations: Often when the treatment for your injuries is completed, your lawyer will be negotiating with insurance companies to get the settlement you deserve. This is a time to collect all the medical records and invoices, communicate with your doctor to learn the full extent of your injuries, and learn what continuing medical treatment you may need.
Settlement or Lawsuit: Many personal injury cases are settled without going to trial. Your case could go to trial if the lawyers cannot reach an agreeable outcome through negotiations. The award-winning attorneys at Domengeaux Wright Roy & Edwards are not reluctant to go to trial to get the outcome our clients seek.
If all of these steps do not produce a settlement, a lawsuit would be necessary. A lawsuit is a written document that includes your claims and how much money you are seeking to receive as compensation.
This often means you will have to give a deposition, which means testifying under oath about the injuries you have suffered and having it recorded for use at trial. Once the case goes to trial, that evidence will be presented to the court, and the jury will decide which evidence they find to be credible.
Typically, a jury will decide a personal injury case and how much you are compensated. A case that is tried in front of a judge is called a “bench trial,” but personal injury lawsuits are usually decided by a jury of your peers.
Outcome: Whether your case is settled through negotiations or goes to trail, at the end of the negotiations you may receive funds to help pay for medical treatments, or considerations such as loss of work or other damages. It is always the goal that all losses are covered, but there can never be a guarantee when hiring a personal injury lawyer.
Our attorneys are proud of our record representing victims in personal injury cases, we have a strong record of large settlements and verdicts. Our clients have trust and confidence we will protect them.
If you don’t file a claim before this statute of limitations runs out, you will be barred from filing a personal injury claim for this accident and will have lost your chance to be compensated for your injuries and losses. There can be some exceptions to this, but those must be discussed with your personal injury lawyer.
For any specific questions about your personal injury claim, contact the experienced Louisiana personal injury lawyers at Domengeaux Wright Roy & Edwards.
We’ve helped people in Baton Rouge, Lafayette, New Iberia, Lake Charles and other surrounding communities over the last 60 years. We can help you set up and file your claim for compensation. If we don’t win, you don’t pay. Call us today at 337-291-HURT, or statewide at 800-375-6186.