Personal Injury Law in New Orleans, LA

Were you hurt due to another’s negligence in New Orleans? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in New Orleans, LA can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in New Orleans relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in New Orleans, LA

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in New Orleans 

The Center for Disease Control and Prevention in 2017 found that accidents are the 3rd leading cause of death in Louisiana. Heart disease and cancer are the top two most prevalent causes of death and injury in cities like New Orleans. In addition, the Louisiana Department of Health & Hospitals, there was an average of 2,200 hospitalizations in Louisiana per year for which workers compensation was the primary payer.

Steps in a Personal Injury Lawsuit in New Orleans, LA

Once you determine that you wish to proceed forward with a personal injury action in Louisiana

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

In Louisiana after consulting with your attorney and filing a lawsuit, the next step is the discovery process or gathering of evidence. Then comes the deposition or questioning process, before either a settlement can be reached, or the matter is taken to trial.

Louisiana Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

In New Orleans, there are a variety of factors that can affect the total outcome of your settlement. For example, workers’ compensation claims in Louisiana cost an average of $723 million per year between 2003-2012. However, per worker, people on average only received about $400 in direct payments. According to the Louisiana Department of Health and Hospitals, suits are sometimes necessary in order to get the compensation that you deserve. On average personal injury cases reach settlements between $3,000-$75,000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in LA, that means you risk not receiving any compensation at all.

Damage Awards in Louisiana

If your Louisiana personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

If you are seriously injured in Louisiana, there are no caps to the damages you can recover in most personal injury cases.

Statute of Limitations in New Orleans, LA Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Louisiana the statute of limitations for personal injury cases is only one year. In New Orleans, this statute begins on the date that your injury occurred.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced New Orleans, LA Lawyer

Pursue a personal injury claim in New Orleans against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Louisiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!