Suffering a personal injury can leave you with not only physical pain but also a whirlwind of questions and uncertainties. Whether it’s a car accident, a slip and fall, or any other unfortunate event, you probably have a lot of questions running through your mind.
At Inzina Law Injury Attorneys, we are here to provide clarity and support. Our clients often come to us with many questions about their personal injury cases and what to expect from the legal process.
Therefore, we’ve compiled a list of the 10 most common personal injury frequently asked questions we encounter about personal injury claims in Lafayette, LA.
How Is Fault Determined in a Personal Injury Case?
Fault is determined by looking at the evidence to determine which person behaved negligently.
Lawyers on both sides collect evidence like eyewitness reports, surveillance footage, accident reports, and even expert opinions. The injured person must show that the negligent behavior was the cause of the injury. This is known as the plaintiff’s “burden of proof.
What if I Was Partially At Fault for My Injury?
Even if you were partially at fault for your injury, you can still be compensated under Louisiana’s comparative fault system. This means that your percentage of fault will reduce your compensation.
For instance, if you were found to be 30% at fault for the accident, your compensation would be reduced by 30%. Thus, if your total damages amounted to $100,000, you would receive $70,000.
What Types of Damages Can Be Recovered in a Personal Injury Claim?
You can recover both economic and non-economic damages in a personal injury claim. Economic damages include quantifiable financial losses, such as:
- Medical expenses
- Lost wages
- Property damage
- Future medical care costs
These damages are calculated based on bills, receipts, and financial records, providing a clear monetary value for your losses.
Non-economic damages cover more subjective, intangible losses like pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. These damages compensate for the impact the injury has on your overall quality of life and well-being. The amount awarded for non-economic damages varies based on the severity of the injury, duration of the recovery, and the long-term effects on your life.
Will My Personal Injury Case Go to Trial?
Many personal injury cases are settled out of court through negotiations between the parties involved. Settlements can be reached at any stage of the legal process, often resulting in a quicker resolution and avoiding the uncertainties and expenses of a trial. Your lawyer will work to negotiate a fair settlement, leveraging evidence and legal arguments to achieve the best possible outcome.
However, if a fair settlement cannot be reached, your case may go to trial. During a trial, both sides present their evidence and arguments to a judge or jury, who then decide the outcome.
While going to trial can be complex and time-consuming, it may be necessary to secure the compensation you deserve.
How Long Will My Personal Injury Case Take To Resolve?
The timeline for resolving a personal injury case varies widely depending on many factors. These factors include (but aren’t limited to):
- The severity of injuries
- The complexity of the case
- Whether a settlement can be reached or the case goes to trial
Generally, straightforward cases with clear liability and minor injuries may settle within six months to a year. However, cases involving significant disputes over liability, severe injuries, or complex legal issues can take several years to resolve.
In addition, the negotiation process with insurance companies can impact the timeline.
Insurance companies may initially offer a low settlement, requiring prolonged negotiations or even litigation to get a fair outcome.
How Can I Strengthen My Personal Injury Case?
To strengthen your personal injury case, seek immediate medical attention and follow your doctor’s recommendations. You should also:
- Thoroughly document your injuries, treatments, and recovery process, including keeping records of medical visits, prescriptions, and any other relevant medical information.
- Gather and preserve evidence from the accident scene, such as photographs, witness contact information, and any official reports. Consistent and detailed documentation will help establish a clear link between the incident and your injuries, making your case more compelling.
- Avoid making statements to insurance companies or posting about your injury on social media without consulting your attorney. These actions can potentially harm your case.
Furthermore, cooperate fully with your attorney, providing all necessary information and promptly responding to their requests. This will give you the best possible chance of your case succeeding.
How Long Do I Have To File a Personal Injury Claim in Louisiana?
In Louisiana, the time limit for filing a claim is two years from the date of the injury. This means you only have a short time frame to take legal action, and if you fail to file your claim within this period, you may lose your right to seek compensation for your injuries,
It is therefore crucial to act promptly to ensure that your case is heard and that you have the opportunity to recover damages.
How Much Is My Personal Injury Case Worth?
The value of a personal injury case can vary widely, depending on several factors. Some of the most important factors are:
- The severity of your injuries
- The extent of medical treatment required
- Lost wages
- Future earning capacity
- The impact on your quality of life
Non-economic damages, such as emotional distress, pain and suffering, and loss of enjoyment of life, also significantly influence the case’s worth. Additionally, the circumstances of the accident and the clarity of fault can affect the settlement amount, as can the policy limits of the involved insurance policies.
Each personal injury case is unique, so there is no standard formula to determine its worth. To get a more accurate estimate, consult an experienced personal injury attorney—they can assess the specifics of your situation, evaluate the evidence, and consider precedents in similar cases.
Do I Need an Attorney for My Personal Injury Case?
While it is possible to handle a personal injury claim on your own, hiring an attorney can increase your chances of getting fair compensation. Personal injury cases often involve complex legal and procedural aspects that can be challenging to tackle without professional assistance.
An experienced attorney can effectively gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. In other words, they can take the stress out of the process and leave you feeling in very capable hands.
What if the At-Fault Party Doesn’t Have Insurance?
If the at-fault party doesn’t have insurance, you may still have options to recover compensation.
One of the primary avenues is through your own insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage is designed to protect you in situations where the at-fault party lacks sufficient insurance to cover your damages. It’s important to review your policy and understand the extent of your UM/UIM coverage, as this can significantly aid in covering damages resulting from an accident.
In addition to relying on your insurance, you may also explore other potential sources of compensation. This can include pursuing a personal injury claim directly against the at-fault party. While this approach can be more difficult, especially if the at-fault party has limited assets, a personal injury lawyer can help identify and pursue all viable options to maximize your recovery.
Contact Us for Legal Support Today
We know that dealing with a personal injury can be one of the most challenging times in your life. With our combined expertise and empathetic approach, we ensure that you not only receive the legal representation you deserve but also the support you need during such difficult times.
At Inzina Law Injury Attorneys, we’re not just any law firm. We bring a unique, personal touch to every case we handle. We understand that behind every case file is a human story, and that’s why we’re dedicated to fighting for you like we would for our own family.
We pride ourselves on our credibility and commitment, drawing from years of experience to provide you with knowledgeable representation.
Your fight is our fight, and from our family to yours, we’re here to give your case the personal touch and legal excellence it deserves. Contact us at 337-243-1237 for a free case consultation, and let us handle the legal burdens so you can focus on healing.