The back and the neck play an important role in providing the stability the body needs to balance and walk upright. The spinal cord also acts as a messenger from the brain in controlling the body’s movement, function, and involuntary responses. Because of this, damage to the back or neck can result in permanent disabilities.
If you have suffered an injury to your back or neck that was caused by someone else’s carelessness or recklessness, a Baton Rouge LA back and neck injury lawyer from Morris Bart, LLC can help you understand your legal options. You may be compensated for the medical bills and impacts of your injury. A higher level of compensation may be awarded to account for your future expenses.
Seek Compensation for Your Baton Rouge Back or Neck Injury
As noted by Johns Hopkins Medicine, injuries to the back and neck may result in loss of the range of motion, chronic pain, or even paralysis that can impact the sufferer through the duration of their life.
Individuals who have suffered a back or neck injury in Baton Rouge can seek compensation for the financial and psychological costs of their injury through the personal injury claims process, which can include a lawsuit filed in civil court. However, an estimated 95-96% of all personal injury claims are resolved before trial through a negotiated settlement.
For a free legal consultation with a Back and Neck Injury lawyer serving Baton Rouge, call (225) 341-5694
Types of Compensation You Can Receive
Personal injury claimants can seek to recover both economic and non-economic damages through their claim. What this means is that they can obtain compensation (recover damages) for the expenses (economic) and quality-of-life impacts (non-economic) of their injury. This can include:
- Past and future medical expenses related to the treatment of the injury and associated complications
- Wage loss and lost earning capacity
- The cost of repairing or replacing personal property that was damaged during the incident that also caused injury, such as a damaged vehicle in a claim involving a car accident
- Physical and emotional pain and suffering
The Personal Injury Claims Process in Baton Rouge
Contrary to how lawsuits are typically portrayed on television and movies, the personal injury claims process does not generally begin with a lawsuit, but rather with a demand package that your attorney sends to the at-fault party’s insurance adjuster. This package includes details of the accident, documentation of expenses, and a demand for the value of the claim.
Upon receiving the demand, the insurance adjuster can choose to admit to the liability of their insured and process the claim for payment. At this point, the claim will be considered resolved. They can also choose to deny the claim and provide the claimant with a reason for the denial, which will often result in the claim being filed as a personal injury lawsuit.
The third option that the insurance adjuster has when receiving a claim for compensation after an accident resulting in neck or back injuries is to offer a settlement. A settlement involves an agreement that the at-fault party’s insurance provider will pay an amount — generally lower than the value of the claim – in exchange for an out-of-court resolution to the claim. Insurance companies often prefer to resolve claims by settlement in order to have more control over the outcome as well as to avoid the time and costs involved with litigation.
How Long You Have to File Your Claim in Baton Rouge
A settlement agreement can be reached at any point in the personal injury claims process, even if the case goes to trial, as long as a decision has not been rendered by the court. Many cases are settled before a personal injury lawsuit is filed, while others result in a settlement after the trial has already begun. However, while there is a seemingly long period of time in which to reach a settlement agreement, claimants are limited by state laws as to how long they have to file their claim in court.
Each state sets its own statute of limitations for personal injury claims. In Louisiana, according to Revised Statutes (RS) 13:5240, claimants generally only have one year after the date on which the injury occurred to file their claim in court. While the claim does not have to be resolved within this timeframe – simply filed – a year is not much time to accomplish the tasks the claimant’s attorney needs to complete before pursuing the claim in court.
What Your Personal Injury Case Needs to Prove
To obtain compensation for their injuries. a claimant must be able to show that someone else was liable for the accident in which the injuries occurred. Liability is proven by showing:
- The at-fault party had a duty to take reasonable actions in a given circumstance to protect your health and safety
- Duty was breached by the defendant’s carelessness or recklessness
- The breach resulted in the accident in which the claimant became injured
How an Experienced Baton Rouge Back and Neck Injury Lawyer Can Help
Personal injury attorneys can provide many services to help their clients with their claims, including:
- Establishing a value to the claim based on the severity of the injury, expenses that have been incurred or will likely be experienced by the claimant in the future
- Communicating with the at-fault party’s insurance provider, including negotiating a settlement on their client’s behalf
- Investigating the claim to obtain evidence and witness testimony to prove it in court
- Filing the claim in court, and providing representation of the case during pre-trial conferences and hearings, as well as during litigation
- Assisting the client in collecting their negotiated settlement or court award
- Guidance throughout the process so that the client can make informed decisions regarding the direction of their case
Morris Bart Can Help With Your Personal Injury Case
Morris Bart has the benefit of more than 100 personal injury attorneys and 150 legal professionals devoted to ensuring that our clients obtain the compensation they deserve. Let an experienced Baton Rouge attorney from Morris Bart, LLC who specializes in neck and back injury claims help you understand the process of obtaining compensation for your injury.
Questions?Call (225) 341-5694
to find a Morris Bart office near you.