Dealing with the aftermath of an accident can take a massive toll on your finances, physical health, and mental health. It can even affect your home life. It’s best to know your legal options if you sustained injuries due to someone else’s negligence.
You don’t have to deal with the stress of facing the insurance companies alone. Our Lake Charles personal injury lawyer at the Morris Bart law firm is ready to review your case and help you pursue the compensation you deserve. We’re available 24/7 to schedule your free consultation.
Types of Personal Injury Cases We Handle
Personal injury law protects those with physical or psychological injury due to negligent or careless actions of another person or entity. In a successful personal injury lawsuit, you would be awarded monetary compensation for your damages. The most typical personal injury cases we handle include:
- Slip and fall accidents
- Premises liability cases
- Product liability cases
- Motor vehicle accidents
- Offshore/Jones Act accidents
- Aviation accidents
- Wrongful death
- Burn injuries
- Brain injuries
- Workplace accidents
- Medical malpractice
Some kinds of personal injury cases require specialized lawyers. We will connect you with a lawyer in our firm that has the experience you need for your kind of personal injury case.
For a free legal consultation with a Personal Injury lawyer serving Lake Charles, call (337) 377-0514
What to Expect from a Personal Injury Lawsuit
Once your attorney files a lawsuit on your behalf, you become the plaintiff, and the person or entity you are holding responsible becomes the defendant. In the first stage, known as “discovery,” your lawyer will:
- Conduct extensive research into your claims
- Interview witnesses
- Invite experts to testify
- Conduct interrogations and depositions
- Prepare you for the possibility of a trial
Typically, lawsuits settle after the discovery process. Only one in ten lawsuits proceeds to trial. Our personal injury lawyers in Lake Charles will negotiate a settlement on your behalf and represent you in court if necessary.
Why do so many settle? With a personal injury attorney on your side, the insurance companies know you’re serious about getting a fair settlement and will quickly drop their games against you. Once they know their arguments won’t hold up in court, it’s cheaper for them to offer the true value of your claim.
Does Your Case Qualify for a Personal Injury Lawsuit?
In a personal injury case, the victim is injured by the negligent actions of another person or party. For example, if a grocery store fails to put up a “wet floor” sign when there is a hazard, that can cause slip and fall accidents. Other bases for personal injury lawsuits include:
- Strict liability: Often seen in product liability cases, strict liability refers to the culpability of designers, manufacturers, marketers, or retailers in making defective products that led to the plaintiff’s physical or psychological injuries.
- Intentional wrongs: Although this is a rare basis for filing a personal injury lawsuit, an injured person may accuse another individual or entity of intentionally causing them to suffer bodily harm or emotional distress.
The Compensation You May Recover from Your Lawsuit
The goal of a personal injury lawsuit is twofold: first, to pursue justice for a wrongful or negligent action; and second, to recover compensation for your economic and non-economic damages. The amount you recover depends on the circumstances of your case. You can get compensation for damages such as:
- Hospital care
- Lost income
- Physical pain and suffering
- Disability caused by the injury
- Emotional distress
Per the agreement of the settlement, you may receive a lump sum or a payment plan for a specified period. Our personal injury attorneys in Lake Charles can total your losses to give you an idea of the settlement you can expect to win.
What Is the Average Settlement for a Personal Injury Lawsuit?
The damages you sustained as a result of your accident will greatly impact your possible compensation. There is no average settlement for personal injury cases because the amount of compensation you can recover depends on the details of your case.
We represented a client who suffered neck and back pain, sustained facial fractures, and required hip surgery. We successfully recovered $852,845 in this case. However, we will not know how much money you could recover until we assess your case.
Understanding Comparative Fault in Louisiana
Louisiana uses a comparative fault system to determine who owes whom in a case. This is assigned as a percentage of the total fault. It is possible that you contributed to your accident in a way that could reduce your total compensation.
For example, if another car hit you and you weren’t at fault, but you weren’t wearing your seatbelt, the insurer could claim that part of your injuries were caused because you didn’t buckle up. Comparative fault becomes much trickier in claims where there are multiple parties involved.
What Must We Do to Win at Trial?
In a personal injury matter, four things must be proven to win at trial. The first thing is identifying the responsible parties. If another driver crashed into you, we would have to show they were there at the time of the accident.
Then, we have to show that they were responsible. In legal terms, we need to show they were negligent and acted outside what a reasonable person would do in the same situation. Next, we must also show that your injuries were caused by negligence and not by some other cause.
Finally, we have to prove you were injured and how much those injuries cost, both in economic and non-economic terms. If our Lake Charles personal injury lawyers can prove all four things, and the other side can’t disprove them, you can win your case.
Is It Worth Hiring a Personal Injury Attorney in Lake Charles?
When you hire a personal injury lawyer in Lake Charles from the Morris Bart law firm, your case is in experienced hands. Our attorneys will be with you every step of the way throughout the civil litigation process. We work to ensure that your legal rights are protected and fight on your behalf for compensation for your injuries.
The immediate benefit of working with a lawyer will be knowing your case is being handled while you focus on your recovery. Your lawyer can handle all communications with the insurance company and simplify the legal process. The long-term benefit of hiring a lawyer is knowing your case receives a fair and reasonable settlement.
Every state has different personal injury laws and regulations. Your attorney will have legal education and experience relevant to your case. Our law firm understands how to successfully pursue a personal injury lawsuit under Louisiana law.
Can I Afford to Retain a Personal Injury Lawyer?
We understand how an accident can disrupt your life and test your financial planning skills. Most Americans don’t have the luxury of setting aside money for unexpected expenses. You may have been struggling to make ends meet before your accident.
We work on a contingency-fee basis, so you pay no attorney’s fees upfront. In fact, you pay nothing unless we help you recover the compensation you deserve. If we are unable to win your case, you won’t owe us anything for the legal counsel we provide.
Louisiana’s Statute of Limitations on Personal Injury Cases
Per the La. Civ. Code Art. 3492, the statute of limitations gives you only one year to file a lawsuit, starting from the time the accident occurred. If you miss the one-year filing deadline, the defendant can use it as grounds to ask the court to dismiss your claims. Unless there is an exceptional reason, the judge will allow a dismissal.
We recommend that you seek the services of a personal injury attorney in Lake Charles as soon as you sustain the injury. Don’t lose your chance to be compensated for your losses.
What You Should Not Do After Your Personal Injury Accident
If you or a loved one suffered injuries in a personal injury accident, some things you may want to avoid include:
- Speaking to the insurance company: Let your personal injury lawyer talk to the insurance company for you. The insurer will likely ask you for a statement in the days following your accident, but you do not have to give them one. Instead, you can pass this communication on to your lawyer.
- Posting on social media: Although you may be tempted to turn to social media to update your friends and family about your well-being, you should stay off social media until your case is settled. The liable party’s team can use your actions online against you. For example, posting a status telling your friend that you are feeling okay may be misleading. Insurers could use this information as proof that you are not injured in an effort to offer you a lower settlement than you deserve.
Your legal team can guide you through the aftermath of a personal injury accident and advise you on the steps you should take. No matter the type of accident you were injured in, our team wants to help you avoid actions that could jeopardize your case.
Call a Lake Charles Personal Injury Lawyer Today
Call the Morris Bart law firm to get started on your case. Our personal injury lawyers in Lake Charles, LA, will protect your rights. We will help you navigate personal injury law and prepare for the journey ahead.
For over 40 years, we have fought for compensation for our injured clients. We have represented thousands of people with excellent case results. Call us for a free consultation and learn how we can help with your case.
Questions?Call us, Louisiana.