What Is the Process for Filing a Personal Injury Suit in New Orleans

You may consider filing a compensation claim if you’ve recently suffered a personal injury in New Orleans. Whether it’s a slip-and-fall incident on a French Quarter sidewalk, a car collision on the busy streets, or a workplace accident, you can work with a New Orleans injury lawyer to help you file a lawsuit against the responsible party.

Our attorneys at Dudley DeBosier can walk you through filing a personal injury suit in New Orleans and help you get the payout you deserve.

Understanding an Injury Claim vs. Personal Injury Lawsuit

In New Orleans, if you’re pursuing compensation for a personal injury, you have two options: filing an injury claim or initiating a personal injury lawsuit.

An injury claim means you’ll negotiate with the insurance company connected to the responsible party, such as the insurance of a negligent driver or a property owner’s home insurance. While this approach might result in a faster settlement, it may not fully compensate for all your damages.

Alternatively, you can pursue a personal injury lawsuit in court. Though this method might take longer, having an attorney present evidence on your behalf could lead to more compensation determined by a judge or jury.

Steps to Filing a Compensation Claim with an Insurer

The initial step towards obtaining a settlement after a personal injury is usually filing an insurance claim. Our legal team can guide you through the following steps:

• Seek immediate medical attention. Seek prompt medical treatment after any personal injury. This ensures proper care, documents your injuries and medical expenses, and connects the damages to the accident.

• Gather evidence. Collect evidence of your injury, including accident reports, photographs of the scene, witness statements, and any other documentation supporting your claim.

• Identify responsible parties. Based on the evidence, your attorney can determine who may be liable for your injury. This ensures you file with the appropriate party and their insurer, such as a reckless driver, careless property manager, or negligent medical provider.

• Notify the responsible parties. Notify the accountable party and their insurer about your intention to lodge a claim. This is commonly achieved using a demand letter drafted by your attorneys. They can ensure compliance with any legal timelines or stipulations outlined by the insurance policies.

• Document all expenses. Keep records of all expenses related to your injury, including medical bills, property damage estimates, and any other costs incurred due to the incident.

• File the claim. Compile and file your personal injury claim with the liable party’s insurance provider. Our legal team will ensure all essential paperwork is in place and offer a detailed recounting of the event.

• Negotiate with the insurer. Your lawyer can negotiate a fair settlement with the insurance firm, considering your present and anticipated damages. After agreeing on a sum, you’ll relinquish any right to pursue further legal action and will receive your payment via your attorney’s office.

Steps to Filing a Personal Injury Lawsuit

If negotiations don’t lead to a satisfactory agreement, you might consider initiating a personal injury lawsuit to seek compensation via the courts. Your lawyer can guide you through this alternative route, helping you do the following:

• File an official complaint. Once you decide to take legal action, we can draft and file a formal complaint with the court within the statute of limitations for a personal injury claim in Louisiana. This is typically one year from the date of the injury.

• Serve the defendant legal notice. You must serve the defendant notice of the lawsuit. Your legal team will handle this, outlining the at-fault party’s obligations to respond within a specified timeframe.

• Discovery phase. Your lawyer can facilitate the discovery phase, where both sides exchange information, gather evidence, and depose witnesses. This stage helps clarify facts, build arguments, and prepare your case for trial.

• Trial representation by your attorney. Collaborate closely with your attorney to prepare for the trial. This process includes jury selection, developing a well-thought-out legal strategy, and meticulously organizing all pieces of evidence, ensuring a strong presentation of your case in court.

• Expert witnesses. Our attorneys can identify and consult with expert witnesses for your case. These professionals can provide specialized knowledge and testimony, strengthening your position.

• Trial support. Your lawyer will assist you in presenting your case in front of a judge and jury, support you as you wait for the jury’s decision, and collaborate with you to secure the awarded damages.

File Your Compensation Claim with Help from Dudley DeBosier

The right legal guidance after a personal injury can protect your rights and reduce the stress and confusion of dealing with insurance and legal filings. Our personal injury lawyers at Dudley DeBosier can help you through every step, from gathering evidence to representing you in court.

Contact us today for a free consultation so we can start reviewing your case and help you with your compensation claim. 

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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