If you’ve been injured in an accident that was somebody else’s fault, you could pursue financial compensation for your losses. An accident often leads to high medical bills, lost wages, property repairs, and other costs. For the injured victim, adding financial hardship to physical hardship does not seem fair. Fortunately, personal injury law allows financial recovery after an accident.
A personal injury case in Louisiana seeks to make victims whole after a devastating accident. An experienced Baton Rouge personal injury lawyer can help each step of the way, from the accident to a financial award.
The timeline for recovery from start to finish can seem intimidating for most people. Indeed, a personal injury claim can be complex and involve obstacles along the way. However, a knowledgeable legal team can guide you through the process.
Typically, the following steps are involved:
- The incident occurs, causing injury;
- The victim seeks medical attention and may interact with law enforcement;
- The victim obtains legal advice and retains a personal injury lawyer;
- The attorney investigates the claim and puts together evidence;
- The attorney files an insurance claim with a settlement demand;
- If the insurance claim does not result in a satisfactory settlement, the attorney files a personal injury lawsuit;
- Discovery – the exchange of documents and evidence – takes place during the lawsuit;
- Settlement talks and mediation occur;
- The case goes to trial.
To help you get a better picture of how the timeline of a personal injury case unfolds, we will outline the steps involved from start to finish.
1. The Accident Happens
Nobody expects an accident, especially one that leads to catastrophic injuries. While we know dangers and hazards are present around us, we don’t expect to become victims. When an accident does happen, it is scary and stressful. Afterward, you might experience long-term injuries or permanent disability. Tragically, some accidents can even be fatal.
Staying aware of your situation after an accident is crucial. This can mean documenting evidence, obtaining witnesses’ statements, and taking other steps to ensure a strong personal injury claim in the future.
2. Getting Medical Attention and a Police Report
If police are called to the scene, be sure to give them a statement and as much information as possible to go into their report. Point out witnesses, physical evidence, and other details as well as you can.
When you visit a health care practitioner, be clear about all symptoms and areas that could be injured. If a provider recommends follow-up appointments or medication, be sure to attend those appointments and get your prescriptions filled. Failing to do so can complicate your personal injury claim.
3. Getting Legal Advice and Hiring a Lawyer
You might be intimidated by the process of hiring a personal injury lawyer or think it’s too expensive. However, personal injury lawyers usually work on a contingency fee basis, meaning you don’t pay upfront. Hiring an attorney early in the process is the best way to ensure your personal injury claim is handled properly and that you don’t get shortchanged by the at-fault party’s insurance company.
4. Gathering Evidence
One of the most critical things a personal injury lawyer will do for you is assemble evidence for your case.
This will involve collecting any of the following, if not more:
- Photographs from the accident scene
- Police reports and records
- Witness names and contact information
- Physical evidence
- Medical records
- Surveillance footage
- Information about the at-fault party
- Expert witnesses to testify at trial.
Since personal injury lawyers have a wealth of experience collecting evidence to build a case, they will be an invaluable resource to you.
5. Handling the Insurance Claims Process
A personal injury case is often settled before a lawsuit is filed. This happens through the insurance claims process. An accident victim can file a personal injury claim with the at-fault party’s insurance provider to seek damages.
Louisiana is not a “no-fault” insurance state, meaning claimants need to prove that the other insured driver was at fault for causing the accident. An experienced lawyer can help sort through the process and maximize recovery from the insurer.
6. Filing the Lawsuit
Your personal injury lawyer will first seek a fair settlement from the other party’s insurance company. If that process fails to yield a positive outcome, the lawyer will prepare and file a personal injury lawsuit within the appropriate statute of limitations.
7. The Discovery Process
As part of a personal injury case, both sides will exchange what’s called “discovery”. These are documents and information to allow both sides to fully understand the claim. Depositions of both parties can be involved as well – these are interviews similar to a court proceeding to share details about an accident. Through discovery, the defendant’s attorney (and their insurer) can better understand what a plaintiff’s claim is truly worth.
8. Mediation and Settlement
In most personal injury cases, both sides attempt settlement negotiations and mediation. Mediation involves a neutral third party that will assess both sides’ arguments and evidence. The goal of mediation is ultimately to reach a fair settlement. Even if a mediator is not appointed or requested, the attorneys will attempt to reach a resolution before going to trial.
9. Trial
If the case does not settle, the next and final step is a court trial. In a personal injury trial, your lawyer will put forth evidence, testimony, and often expert witnesses to show a jury why you deserve the amount you seek as compensation. The jury will be tasked with determining two main issues: whether the defendant is legally responsible for the plaintiff’s injuries and how much financial compensation should be awarded to the plaintiff.
Contact a Baton Rouge Personal Injury Lawyer to Handle Your Personal Injury Case
If you have been injured due to another person’s negligence, it is not fair for you to bear the financial burden of the accident. A personal injury case is designed to help you get what you fairly deserve after a debilitating accident. Contact Mansfield Melancon Car Accident and Personal Injury Lawyers to discuss your options and schedule a free consultation with a Baton Rouge personal injury attorney.
