If you’ve been injured in an accident in Louisiana, the only way to get the compensation you deserve is to file a personal injury claim to hold the at-fault party accountable. Filing a personal injury claim may seem daunting, and it’s understandable that you may have questions regarding how to get started. In this step by step guide, we’ll cover the basics on how to file a personal injury claim in Louisiana for a car accident, dog bite, medical malpractice, and much more. With the help of the team at The Law Office of Glenn C. McGovern, you may even find that the process is easier than it seems. Louisiana has a one year statute of limitations on personal injury claims, so it’s important to contact an attorney as soon as possible.
Step 1: Treat Your Injuries
It’s crucial that you seek medical treatment after getting injured in any type of accident. Even if you don’t feel pain, discomfort, or any other symptoms right away, it’s important to be examined by a medical professional to be absolutely sure. Having thorough documentation of your medical injuries will be a key factor in the success of your case. If you suffer a car accident and don’t go to the doctor to examine your injuries, it may be difficult to prove that the injury you sustained was a direct result of the accident. Your medical wellbeing is of the utmost importance, so make sure that you treat your health as the top priority.
Step 2: Call A Lawyer
Some small personal injury claims can be settled without the help of an attorney. But the majority of personal injury accidents result in serious injuries that keep innocent people away from work and their families while they heal. You shouldn’t have to be burned with these problems. That’s why calling a lawyer is crucial. The sooner you call a lawyer, the sooner they can get a head start on helping you recover the cost of your medical treatment.
Step 3: Filing The Claim
Once you contact an attorney, they’ll handle the majority of the legwork. Your attorney will inform the individual who is liable for your injuries as well as their insurance carrier. They’ll inform both parties that you are planning to file a claim. This step is important, as it can sometimes help your claim get settled faster, meaning you may get a settlement faster.
Step 4: Gathering Important Documents
In general, injury claims require proof of negligence by another party and proof of the damages you are claiming. While you nurse your injuries and continue to heal from the accident, your attorney will collect important documents that are needed to prove the extent of your injuries, and the extent of the negligence of the at-fault party. Your lawyer will source, compile, and assess documentation such as eyewitness testimonies, medical records, and even security camera footage or surveillance if necessary. This will help the attorney determine exactly what happened in your accident, and how much money you deserve in your settlement. By investigating your claim and utilizing the information and evidence they have uncovered, proving negligence and damage can be a breeze compared to if you went at it alone.
Step 5: Negotiating A Settlement
After compiling all the important documentation of your case, your lawyer is able to make a demand to the negligent party either before or after filing the personal injury claim. Every personal injury case is different, and each party involved will have a different idea of how much money should be owed to the victim of the accident. Your lawyer will guide you through this process, ensuring you never settle for less than you deserve. The at-fault party may make a counter offer, but you can trust that your attorney will remain by your side throughout the proceedings and will ensure you don’t accept far less than you deserve.
Step 6: Reaching A Settlement Or Filing A Lawsuit
If both parties can’t agree on a settlement amount, a lawsuit will be filed. Your lawyer will guide you through the litigation process, where information is exchanged between both parties in the lawsuit. You may be required to give a deposition, which is more or less testifying under oath regarding your injuries. Evidence will be presented before a jury, who will decide if they find the evidence credible. The judge or jury, based upon the evidence and testimonies, will decide how much compensation to award you.
Schedule A Free Consultation With The Law Office of Glenn C. McGovern To Learn More About Filing A Personal Injury Claim
Remember, Louisiana has a one year statute of limitations on personal injury claims. Contact our law firm as soon as possible to get started filing a claim.