Louisiana Personal Injury Lawyers

A:Typically, you have a personal injury case if you can prove that you were injured, and the cause of your injuries was another person or party’s negligent or wrongful conduct. The recovery for each personal injury claim hinges on the ability to prove the defendant’s negligence. Negligence is established in Louisiana through a four-part test which examines the duty of care, or the legal responsibility of the defendant to act reasonably and prevent you from being injured; the breach of the duty of care, or the defendant’s failure to act reasonably/take appropriate steps to prevent you from being harmed; causation, which involves proving how the breach led to the victim’s injuries; and establishing that your injuries led to actual damages, which include both financial and non-financial losses, such as medical bills, lost wages, and pain and suffering. A Louisiana court will carefully consider these factors in determining whether a person’s behavior rose to the level of negligence, often considering the “reasonable person” standard. With the “reasonable person” standard, the court will ask the question as to whether a similarly situated person would react or behave in the same manner.

A:The amount of recovery stemming from a personal injury claim is an important part to consider when debating whether to bring a claim. Depending on the specifics of your situation, you may be able to recover financial compensation for your medical expenses, lost wages, lost future earnings, pain and suffering, and more. In a wrongful death claim, you may be able to recover compensation for medical costs associated with the deceased’s final treatment and care, funeral/burial expenses, loss of companionship, and more.

A:It is important to keep in mind the difference between actual and general damages. Actual damages are those damages include the loss of income or ongoing medical expenses. General damages include emotional distress, and pain and suffering.

A:Shortly after an accident, the responsible party’s insurance company may attempt to contact you to coerce a settlement. It is important to refrain from signing any documentation prior to consulting with an attorney and, if possible, avoid talking to the other party’s insurance company at all. An insurance company settlement could impact your ability to bring a claim in the future. Insurance companies are in the business of making money, and they often do not consider ongoing expenses, such as future earnings or the expense of rehabilitative care, when offering settlements.

A:The Louisiana statute of limitations is only one year, which means you must bring a claim within one year from the date of the injury. In some cases, you may have one year from the date the injury was discovered/reasonably could have been discovered to file a lawsuit. But in any case, you should act quickly in contacting a lawyer, as the sooner we are able to begin investigating and building your claim, the better.

A:It is unlikely that you will have to appear in court for your personal injury claim, however it is possible. The vast majority of personal injury claims are resolved in the form of an out-of-court settlement before a lawsuit is even filed. Generally speaking, it is only necessary to take your case to trial in the event that the insurance company refuses to offer you the full amount that you deserve, if there is particularly complex case law that applies to your situation, or if there is a significant dispute over who is at fault for your injuries. While a trial can potentially yield a higher award, there is always the risk that the jury will rule in the other party's favor and you come away with nothing. For this reason, both parties will typically prefer to settle out of court and avoid litigation. At Jones & Hill, we always prepare each case as if it were going to trial to give our clients as much leverage as possible during settlement negotiations.

A:It is highly advised you do not accept any settlement offered to you by the insurance company before you have a chance to speak to an attorney about your case. Most initial insurance settlement offers are valued far less than the full value of your losses and are instead meant to get you to settle your case as quickly and cheaply as possible while you are most vulnerable. An attorney will be able to protect you against mistreatment and fight for an amount that fully compensates you for your injuries.