A Louisiana personal injury claim can help you recover compensation for damages sustained because of another party’s negligence or wrongdoing. Knowing the basic process for filing a claim is important if you or a loved one have been injured in an accident.
However, filing a personal injury claim can feel confusing and overwhelming. It is much easier, and your chances of success are greater when you hire an experienced Louisiana personal injury lawyer to help you.
The Lafayette personal injury lawyers at Anderson Blanda & Saltzman have the experience, skills, and resources to handle every detail of your personal injury claim and help you recover maximum compensation. Let us help you. Call (337) 233-3366 or visit our contact page and schedule a free consultation to discuss your claim.
Filing a Louisiana Personal Injury Claim Step By Step
Every personal injury claim is unique and all claims do not follow the same steps. However, most personal injury claims follow a similar process.
Step One. Once you understand the extent of your damages and have obtained an accurate valuation of them, you should send the defendant’s insurance company or defense attorney a demand letter. The letter should outline your injuries and state the amount of compensation you are seeking along with support for your claim. Your letter should provide a deadline for the defendant to pay your claim or respond to your letter.
Step Two. The defendant will usually respond to your letter and may make a counter offer. At this stage, you will enter into negotiations to try and resolve your claim. Most cases are settled without going to trial. However, if the defendant will not negotiate in good faith, you will need to prepare to take your case to trial.
Step Three. If a fair settlement cannot be reached quickly, you will file a lawsuit with the proper court and have the defendant served with the complaint and summons. Your complaint will set forth your legal claims against the defendant and provide support for your demands. Once they are served, the defendant will have a specific time to respond to your complaint. If they do not respond timely, you can request a default judgment and may be granted everything you asked for in your petition. However, the defendant will usually answer your complaint and may file a counterclaim against you. If they file a counterclaim, you will need to respond within a specific time to their claim.
Step Four. All parties will typically conduct discovery during this phase. You can file interrogatories, requests for production of documents, requests for admissions, notice depositions, and have subpoenas issued. You will also need to respond timely to the defendants’ discovery requests.
Step Five. During and after discovery, you will likely continue the negotiation process to try and resolve your claim. You may also need to file motions during this time to compel the production of the information sought in discovery if the defendants do not provide it timely.
Step Six. If you still cannot reach a fair settlement of your claim, you will need to go to trial. At trial all sides present their case and a judge or jury will decide whether you have met your burden of proof against the defendants and if so, how much compensation you should be awarded. The court will also make a decision about any counterclaims filed by the defendants against you.
Step Seven. If you believe the trial court erred in its decision, you may file an appeal with the proper appellate court asking that the trial court’s decision be reversed.
Filing a personal injury claim and resolving your claim successfully involved numerous important details. An experienced Lafayette accident lawyer can handle every aspect of your claim and help you recover fair compensation as quickly as possible.
Louisiana Statute of Limitations for Personal Injury Claims
A statute of limitations is a law that sets a deadline to file a personal injury claim. If you miss your filing deadline, you will not be able to recover compensation for your damages.
As outlined in Louisiana Civil Code Article 3493.1, most personal injury claims in Louisiana have a filing deadline of two years. So, you must file your claim within two yours of the accident or incident that caused your damages.
How a Louisiana Personal Injury Lawyer Can Help
An experienced Louisiana personal injury lawyer can handle your claim from beginning to end, ensuring all details are taken care of properly. They will know how to investigate your claim to identify causation and liability, how to uncover vital evidence to prove your case, and how to have your current and future damages accurately valued.
Your attorney can help resolve your claim as quickly as possible and help you recover maximum compensation. Your chances of a successful outcome are much higher if you are represented by a skilled personal injury attorney.
Contact Anderson Blanda & Saltzman
The Louisiana personal injury lawyers at Anderson Blanda & Saltzman have decades of experience helping our clients recover maximum compensation and we want to do the same for you. Call (337) 233-3366 or visit our contact page to schedule a free consultation.