New Orleans Personal Injury Attorney
Learn about Louisiana personal injury claims, how to file a claim, and how a New Orleans injury lawyer can help you.
What Do Personal Injury Attorneys Do?
In general, personal injury attorneys represent people who have been injured due to another person’s negligent actions. They try to financially restore victims in the wake of an injury. Under the law, this is referred to as making the victim “whole.” Injury attorneys can help an accident victim get paid for medical care, pain and suffering, and other expenses that resulted from the accident.
Some Duties of Personal Injury Attorneys:
- File your personal injury claim
- Act on your behalf in legal settings
- Negotiate a fair settlement amount
- Communicate with the defendant’s lawyer(s)
- Communicate with insurance companies
- Serve as your advocate
- Collect evidence to support your case
- Gather witness statements, medical records, and other documentation
- Draft and file pleadings with the court
- Attend hearings on your behalf
- Present your case if it goes to trial
- Provide clear, consistent, and trustworthy legal advice throughout your case.
What Happens In A Personal Injury Case?
Once you decide to file a personal injury claim, your attorney will take over and explain how the process works.
Generally, Louisiana personal injury claims follow these steps:
File the claim: Your personal injury attorney files your claim, notifying the defendant(s) and their lawyers that you were injured. The defendant will then have a chance to respond to the claim.
Discovery process: Once the defendant responds to your claim, each side has a chance to request details and information regarding the case from the other party.
Settlement negotiations: The personal injury attorney will request a settlement amount. After a round of back-and-forth negotiations, both parties will either agree to a settlement amount or disagree, sending your claim to a court.
Personal injury lawsuit: Once your case goes to court, it is known as a lawsuit.
Mediation: The plaintiff and defense attorneys may try to resolve your case via mediation with a neutral third-party.
Trial: A judge and jury will hear the case and a verdict will be rendered.
On average, claimants who hire attorneys in personal injury cases receive higher settlements than those who do not hire attorneys.
Types Of Injury Cases In New Orleans
Personal injury cases vary widely. They can range from accidents involving minor injuries, like whiplash, to those involving catastrophic injuries, life-altering injuries, or even death.
A few common types of cases our law firm accepts:
- Assault and battery
- Bike accident
- Car accident
- Dog bite
- Motorcycle accident
- Nursing home injuries
- Sexual misconduct assault and battery
- Slip and fall accidents
- Truck accident
- Wrongful death
A personal injury lawyer can help you pursue compensation for your medical bills as well as any pain and suffering.
Why Start A Personal Injury Case?
Mounting medical expenses, lost wages, pain and suffering, and severe physical injuries are just a few of the ways in which an injury can affect a person and their loved ones.
In addition to recovering damages for tangible things, like lost wages or medical bills, filing a personal injury claim holds the negligent party accountable.
Top Three reasons to file a personal injury lawsuit:
1. Covering Medical Expenses
Some injuries can lead to multiple doctor appointments, emergency medical treatment, and surgeries.
If you suffered emotional anguish, then counseling, therapy, and other forms of mental healthcare may also be necessary.
Filing a claim for your injury can cover the medical costs caused by the accident. In some cases, personal injury claims can also apply to future medical expenses as well.
2. Recovering Loss of Enjoyment
Sometimes, you may suffer a loss of enjoyment in life or a loss of a relationship due to injuries caused by your accident.
For example, if you suffer a broken back as a result of a motor vehicle accident, you may want compensation for activities that you can no longer enjoy. These damages include loss of consortium, lost earning potential, or loss of quality of life.
3. Holding the Negligent Party Accountable
Holding the at-fault party responsible is important, but it is equally important to hold your insurance company and the negligent party’s insurance company accountable.
Insurance companies aim to protect their own rights, which means they will likely try to compensate accident victims with the lowest settlement possible.
Filing a personal injury claim and seeking legal advice from an attorney ensures you will have help in fighting for the compensation you deserve.
When To Hire A Personal Injury Lawyer
If you have been injured in an accident in New Orleans, it is in your best interest to seek legal advice as soon as possible.
Louisiana Statute of Limitations – What Is the Deadline to Sue?
The simple answer is that your deadline to file a lawsuit depends on the type of case you have. As with any other state, there are deadlines to file a lawsuit. In Louisiana, these are called prescriptive periods. In other states, they are called statute of limitations. It is very important for you to understand these deadlines, because if you do not file suit and/or file suit but improperly file the papers with the court, your case may be dismissed forever.
Questions To Ask A Personal Injury Attorney
Here are 5 questions to ask before hiring a New Orleans personal injury lawyer:
1. Do you have trial experience?
Hiring experienced trial lawyers can be crucial to the outcome of your claim. Most claims settle out of court, but your attorney should be ready to represent your claim if it goes to trial.
Attorney Elizabeth B. Carpenter has gone to trial on many cases during her career..
2. What legal fees do you charge?
Knowing the attorney fees upfront can be an important deciding factor in who to hire. Personal injury lawyers typically work on a contingency fee basis. They receive a percentage of recovered damages.
It is also important to understand if you will be responsible for any legal fees in the event you do not recover damages. You should have a clear fee agreement with an attorney.
Our New Orleans Personal Injury law firm always works on a contingency fee basis, meaning we don’t receive any payments unless we win your case.
3. Which personal injury attorney will work on my case?
Some law firms are not transparent from the beginning about who will be handling your individual case. Our attorney believes that a strong attorney-client relationship is crucial to feeling comfortable during your case.
5. What will be expected of me during the claims process?
If you are the victim of an accident, ask what you should and should not do to strengthen your case.
Before you seek an attorney, you may want to prepare any questions you have. This can ease the process and help you make an informed decision.
What To Look For In A Personal Injury Lawyer?
There are a great many qualities to look for in a skilled and experienced attorney. How do you know if you’ve made the right choice attorneys?
Top qualities to look for in a personal injury attorney:
- Experience in your type of case: Having direct experience helps ensure the personal injury attorney knows the laws that apply to your case and can use their skills to work on your case.
- Success with personal injury claims: Not every claim is guaranteed a settlement. But law firms with a successful track record may provide you an optimal chance at getting the compensation you deserve.
- A reputation in the legal world: Attorneys should be held in high regard and should work to fight for their clients in every aspect.
Find Legal Help Today For Your Personal Injury Case
If you have experienced a personal injury in or the wrongful death of a loved one in an accident in caused by someone else’s tortious conduct, contact our experienced New Orleans Injury Attorney for a free case evaluation.
New Orleans Attorney Elizabeth B. Carpenter is ready to discuss your case, explore the details, and answer any questions you may have. She can advise you on whether filing a personal injury claim is the best choice for you.
She will aim to build a strong case and help you recover a settlement that reflects the impact of your loss, so you can get your life back on track. Call the law office today for a consultation!