Single Car Accident
Fall on Property
Injury on Retail Premises
Injury on Commercial Premises
Nursing Home Injury
Spinral Cord Injury
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frequently asked question
You may be entitled to a number of different types of damages under Louisiana law. Some of the more common types of damages in accident cases are: reasonable medical expenses, lost earnings, pain and suffering, and permanent impairment.
In most Louisiana injury cases, the only deadline that applies is a two-year statute of limitations. This means that you must bring suit no later than two years from the date of the accident or you would be prevented from filing suit. If your claim is not settled by the two-year anniversary of the accident, then a lawsuit MUST be filed prior to the anniversary date in order to protect your rights. However, some cases have much shorter deadlines, which is why you should contact an attorney immediately after being injured.
The simple answer to this question is, yes. Louisiana subscribes to what is called a pure comparative negligence system in dealing with tort claims. This means that if you were partially at fault for an accident, you are still entitled to recover the damages that are attributed to the negligence of others. Determining how much fault will be attributed to each party is very difficult and will be left up to the jury if your case goes to trial.
You may be wondering, “will my case go to trial?” In order to answer that properly, it’s important to understand how your personal injury claim operates. When you’re involved in a motor vehicle collision, the first thing that we’ll do is send a demand to the insurance company to compensate you for your injury. Often times, insurance companies are fighting tooth and nail to pay you as little as possible for your injury claim. It’s at that point the majority of the time, we end up filing a lawsuit in the courthouse. Filing a lawsuit, or a complaint on your behalf enters us into a phase called litigation. Once we enter into litigation, we’re not just dealing with an insurance company and an adjuster, we’re also dealing with a defense attorney and the process becomes more adversarial. Chances are your case will be resolved at what’s called a mediation. A mediation is when we sit down with you and the defense, and a third party mediator. A mediator is a person that’s neutral and has no interest in the outcome of your case. It’s at this time that most cases are resolved without having to go to trial.