STEPS IN A LOUISIANA PERSONAL INJURY

LAWSUIT

“Having at least a basic understanding of the most common steps involved in a typical personal injury case

may help empower you as a victim.”

Broussard & Hart, LLC

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 2

Personal injury

accidents happen

every day and

occur under a

wide variety of

circumstances.

Unfortunately,

the sheer

prevalence of

personal injury

accidents makes

it likely that you, or someone close to you, will be the victim of one at some point in your

life. As a victim, you may initially feel angry, confused, frustrated, and worried. All of

these emotions are both common and understandable given the impact a personal injury

accident can have on you physically, emotionally, and financially. Because every

personal injury accident is unique, it is always best to consult with an experienced

Louisiana personal injury accident attorney; however, as the old adage goes “Knowledge

is power.” As it applies in this situation, having at least a basic understanding of the most

common steps involved in a typical personal injury case may help empower you as a

victim.

1. Seek medical treatment.

This applies in any accident. While this may seem like an obvious step, many people

do not seek medical treatment immediately following an accident. There are two

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 3

important reasons why you should always go immediately to the emergency room for

a thorough examination when you have been in any type of accident:

Hidden injuries –many of the most serious injuries a victim can suffer, such

as a traumatic brain injury, do not show signs immediately following the

injury. In fact, some internal and brain injuries can take days to start

showing symptoms; however, in the meantime they can worsen, even

becoming life threatening.

Legal nexus –if you do end up pursuing legal action down the road, it can

be difficult to prove that your injuries were caused by the accident if you

wait days to have those injuries documented by a medical professional. The

sooner your injuries are documented the easier it is to prove a nexus between

the injuries and the accident.

2. Document the accident and gather information.

When possible, get contact

information for everyone

involved in an accident as well

as witnesses to the accident

before you leave the scene.

Also, snap photos with your cell

phone or return to the scene to

take photos is necessary to

document the scene of the

accident. Finally, sit down and

write out what happened as soon as possible after the accident. Details tend to fade with

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 4

time. Making a written record shortly after the accident can help down the road when

your memories of the accident aren’t as fresh.

Determine if you are the victim of a personal injury

accident.

People often think “car accident” when the term “personal injury accident” is

mentioned. While motor vehicle accidents do certainly qualify as personal

injury accidents, there are a wide variety of other types of accidents/injuries that

may also fall under the purview of a personal injury accident for purposes of

pursuing compensation as a victim, including, but not limited to, the following:

Slip and fall accidents

Product liability injuries

Dog bites/animal attacks

Premises liability injuries

Medical errors

Trucking accidents

Elevator/escalator

accidents

Swimming pool

accidents

Boating accidents

Motorcycle accidents

Wrongful deaths

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 5

3. Do not speak to anyone!

While not officially a “step”, this is crucial for the victim of a personal injury

accident. Typically, a victim will receive a telephone call and/or written

correspondence from the at-fault party or the party’s liability insurance provider

not long after the accident. Do not speak to anyone about the accident until you

have consulted with an attorney!

4. Contact an Attorney.

The only way to confirm that your injuries were the result of a personal injury

accident and are, therefore, compensable is to consult with an experienced

Louisiana personal injury attorney. Moreover, by contacting an attorney early on

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 6

you do not have to worry about phone calls/correspondence from the negligent

party because your attorney will become your voice in the matter.

5. Analyze Negligence.

In order for you to be entitled to compensation as a result of the injuries you

suffered another party must have caused, or contributed, to the accident. In legal

terms this is usually known as “negligence.” To prove negligence, you must show

the following:

The at-fault party owed you a duty of care

The duty of care was breached

Causation

Damages

You can your attorney will discuss the issue of negligence early on in the case to

ensure that you do, indeed, have the basis for a valid personal injury lawsuit.

6. Follow through with treatment.

Following through with a prescribed course of treatment is important for two

reasons. First, you will only heal completely, or at much as possible, if you follow

your physician’s orders. Second, failing to follow suggested or prescribed

treatment devalues your legal claim against the negligent party. Your attorney will

not typically begin settlement negotiations until you have reached what is known

as “maximum medical improvement”, or MMI. MMI doesn’t necessarily mean you

have completely healed and are back to your pre-accident state. Instead, it means

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 7

that you have reached a point at which continued treatment is unlikely to

substantially change your condition.

7. Compile a demand.

Once you have reached MMI you and your attorney will prepare a demand

package. This usually includes a recap of the accident along with a legal argument

explaining how the defendant was negligent and why the defendant is liable for

your injuries. It will also include a summary of your “damages” and a demand for

a specific sum of money to settle the matter.

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 8

8. Negotiate a settlement.

After the demand package is sent, your attorney and the defendant’s attorney will

usually enter into settlement negotiations. If negligence is not an issue, the

negotiations will center solely on the value of the claim. If, however, the defendant

does not agree that he/she/I was negligent, or does not agree on the degree to

which he/she/it was negligent, much of the negotiations may revolve around that

issue. If a settlement is ultimately reached you will sign a release of claims and you

will receive your settlement funds in the manner agreed upon by the parties.

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 9

10. Proceed to trial.

Most personal injury accident claims are settled without the need for a trial;

however, if yours is not settled outside of the courtroom it will proceed to trial. At

trial, a judge or jury will decide if the defendant was negligent and, if so, what the

value of your damages are.

If you believe you are the victim of a personal injury accident it is in your best interest to

consult with an experienced Louisiana personal injury accident attorney as soon after the

accident as possible to ensure that you are fully and fairly compensated for all your

injuries.

REFERENCES:

Lawyers.com, Louisiana Statute of Limitations

Center for America, Liability Louisiana

Findlaw, Stages of a Personal Injury Lawsuit

Steps in a Louisiana Personal Injury Lawsuit broussard-hart.com 10

About Broussard & Hart, LLC

If you or a member of your family has been seriously

or fatally injured in an accident or as a result of

medical malpractice, you have experienced and

continue to experience trauma and grief. During this

difficult time, as you struggle with medical,

emotional, and financial issues, you will need to make

decisions that will permanently affect your ability to

take care of yourself and your family.

At Broussard & Hart, L.L.C., our Lake Charles law

firm staff and lawyers are focused on helping those

who, like yourself, have suffered losses to

catastrophic injuries or wrongful death, working to see

that they recover the compensation they need and

deserve. Our efforts stem from a genuine concern for

those we serve.

Our firm is prepared to handle a wide variety of

personal injury claims, including those involving medical malpractice, trucking accidents, 18-wheeler

accidents, and maritime law. After our Louisiana attorneys have reviewed your case they will give you

an honest assessment of your options. If you would like to schedule a free, confidential consultation with

our law firm in Lake Charles, please contact our office.

1301 Common Street

Lake Charles LA 70601

Phone: 337-564-3318

Website: http://broussard-hart.com