Baton Rouge Personal Injury Lawyer

Baton Rouge Personal Injury Attorney

In the cutthroat world of personal injury law, securing justice and maximum compensation requires a relentless and strategic approach. Insurance companies are normally hesitant to pay out in the event of an accident, so you need aggressive representation to help with a positive outcome. Work with a skilled Baton Rouge personal injury lawyer to understand the details of your case and make sure justice is served.

Work With a Personal Injury Advocate

The Law Firm of Mesa B. Jefferson, LLC features a skilled attorney who is native to Louisiana and has served as the assistant attorney general for over a decade. This wealth of knowledge, paired with a fierce dedication to personal injury law, has earned our firm the trust and respect of our clients. We are known for passionately and aggressively representing our clients and offer a personable approach to support you and your needs.

Determining Fault in a Personal Injury Case

Figuring out who’s at fault in a personal injury case involves identifying who is responsible for the accident. This process can benefit from an attorney who understands legal concepts like negligence, liability, and duty of care.

For example, in a car accident, if a driver runs a red light and causes a collision, they are typically at fault. Evidence like traffic camera footage can show the driver running the red light with witness statements to back this up. Police reports also include details about the accident and any citations that they issued to the drivers involved, which could further establish fault.

In some cases, both parties may share responsibility. For instance, if a pedestrian is jaywalking and a driver is speeding and gets into an accident, both of them might partially be at fault because Louisiana is a comparative negligence state. This means that the compensation is reduced by how much fault is assigned to each person. So, if the pedestrian is found to be 30% at fault, their compensation would be reduced by 30%.

Gathering Evidence to Build Your Claim

Another important step in a personal injury case is gathering evidence. This involves collecting various types of evidence to support a claim. Medical records are some of the most important documents to have because they record the extent of the victim’s injuries and what treatments they have received to help recover.

Police reports provide an official account of what happened and often include important details like the names of involved parties, any statements from witnesses, and citations given out. Witness statements offer independent accounts of what happened and can apply to a wide variety of personal injury cases. For instance, in a workplace injury case, testimonies from co-workers who saw the unsafe conditions can provide important evidence to prove negligence.

Taking photos of the accident scene is very important as well. Photos can capture things like hazards or road conditions that can lead to an injury. Preserve any evidence you have surrounding your personal injury claim and keep detailed records of any medical treatments or bills you receive.

The Basic Steps of a Personal Injury Claim

This basic list of steps outlines how a claim normally proceeds. Depending on the details of your case, there might be slight variations, but these are some common steps to prepare for.

1. First, the individual or party that is injured files a claim with their insurance company to notify them that the accident occurred. During the process, they will provide details about the accident, like when and where it happened, as well as any additional details. Once the company receives the claim, it will assign an adjuster to investigate and calculate a claim amount.
2. After a claim is filed, it is a good idea to consult a personal injury attorney. Discussing your case with them can help you get a clearer picture of the facts and understand the legal process surrounding your case. They can also help craft a strategy for your case to give you an organized way to advocate for your rights.
3. If you agree to work with the attorney, they will do their own investigation to gather as much evidence as they can to support your claims. They can try to collect medical records, police reports, contact information from witnesses, and any visual evidence of the accident scene, like photos or surveillance footage. An attorney might also consult with accident reconstruction professionals or healthcare providers for guidance.
4. The victim still receives medical care while the investigation is taking place. During this process, it is important to follow the doctor’s instructions and keep documents of all the medications and associated expenses that come with your injuries to prove how much the injury costs you and that you are taking your injuries seriously.
5. Once enough evidence is gathered, an attorney can help you create a demand letter. This letter is given to the insurance company and provides details on the facts of the case and the extent of injuries and damages you have experienced. They can also help you calculate how much you should ask for in damages based on the scope of your injuries and how they have affected your life.
6. The insurance company then receives the letter and will often respond with another offer. This is usually done to minimize the compensation paid out by the insurance company. If you work with an attorney, they can negotiate directly with the adjuster on your behalf to reach a fair settlement. This process can take a long time and might involve multiple rounds of negotiations.
7. The settlement process either results in a satisfactory negotiation or the filing of a legal claim. If you cannot agree on a fair offer with the insurance company, an attorney can draft and file an official legal complaint with the court to receive damages. Once this is filed, the insurance company or at-fault party has to respond to this complaint.
8. A legal complaint usually leads to a discovery phase for both parties. This process includes gathering additional information related to the personal injury case, including more requests for documents, extra questions, and official statements. These actions can uncover more facts about the case, which can help both parties prepare for an upcoming legal trial.
9. During the preparation for the trial, most parties will still try to negotiate a settlement to prevent having to go through an expensive and lengthy trial. Many cases that were not resolved in the initial settlement period will be resolved during this time. It is also possible to use alternative forms of dispute resolution like mediation or arbitration to reach an agreement about your claim.
10. While this is unlikely, your case might go to trial. During this process, both sides present their evidence to support their claims. If your case gets to this point, it is extremely important to work with an attorney so that you have a chance of recovering damages. They can help convince the judge or jury to believe your claims to deliver a verdict that awards damages.
11. The case is usually almost finished after a trial ends. If the case ended favorably, then the victim will collect their settlement after the attorney’s fees are taken out. If the case does not go as intended, then an attorney might file a post-trial motion to try and alter the judgment or file an appeal.

Each step of the process is designed to make sure that the injured party receives appropriate compensation for their injuries and other losses. By working closely with a personal injury attorney, individuals can have peace of mind by knowing their interests are being fought for.

Why Do I Need an Attorney?

Working through a personal injury case without legal representation can be overwhelming and can lead to falling for common pitfalls. Personal injury attorneys have unique knowledge from handling cases similar to yours. Their understanding of personal injury law helps them build a strong case for you based on your own individual needs.

Determining the true value of a personal injury claim involves more than just adding up medical bills. There are other costs that are associated with the full extent of your damages, like lost wages, pain and suffering, and other non-economic damages. Working with an attorney can help offer a more complete picture of total damages to make sure you are able to receive as much compensation as you are entitled to.

It is well-known that insurance companies use many different tactics to either reduce the amount they pay or even deny claims entirely. Attorneys are used to dealing with these issues and have the skills to counter offers that are insultingly low. It can be much less stressful to rely on an attorney to handle communications with your insurance company. This can also lead to a more favorable result since they are less likely to make common mistakes.

If you are struggling with gathering enough evidence to support your claims, an attorney can help. They know what evidence to gather and how to obtain it. They can also help preserve evidence for you to prevent it from being lost or damaged.

Every personal injury case is unique, so it’s important to work with an attorney to develop a tailored legal strategy to address your case. They can advise you on what actions to take, whether it’s negotiating a settlement or taking a case to trial. If your case does go to court, having an attorney represent you can help make sure that your case is presented effectively and is compelling enough for the court to award you the damages you seek.

Finally, dealing with a personal injury can be physically and emotionally draining, especially if the injuries are severe. In some cases, an injury can require you to completely alter your lifestyle. Hiring an attorney can help you focus on making these changes while they handle important details involving your case. This can help you feel less stressed and improve your odds of success.

FAQs

How Are Personal Injury Lawyers Paid?

Personal injury lawyers are normally paid with a contingency fee. This means that the lawyer’s fee is dependent upon them winning their client’s case. If the case goes well, the lawyer receives a percentage of the settlement or judgment amount depending on whether the case was settled within or outside of court. If the case is not won, the lawyer does not receive any payment, allowing clients to pursue legal action without the upfront cost of a lawyer.

What Are the Most Common Types of Personal Injury Cases?

The most common types of personal injury cases in Baton Rouge involve some kind of vehicle accident, especially car, truck, or motorcycle collisions. Other popular injuries include slipping and/or falling on someone else’s property due to hazards like wet floors or uneven surfaces. If an individual is injured due to negligent medical care or errors made by healthcare providers, it is considered medical malpractice and is also a form of personal injury.

What Types of Compensation Can Be Claimed in a Personal Injury Claim?

The types of compensation that can be claimed in a personal injury claim in Louisiana include reimbursement for medical expenses like hospital visits, surgeries, outpatient visits, physical therapy, and medications. It can also address lost wages and a loss of earning capacity if the injury affected the victim’s ability to work. If the injuries affected their family, they might be able to receive damages for pain and suffering or other emotional damages.

How Are Medical Expenses Covered While Waiting for a Personal Injury Settlement?

Medical expenses are covered while waiting for a personal injury settlement in a variety of ways. If the victim has health insurance, they can use that to cover immediate costs. Some healthcare providers might agree to treat the injured party with a medical lien, meaning that the debt will be paid after the settlement is resolved. If the injury came from a vehicle accident, then it might be possible to use personal injury protection if it is on your auto insurance policy.

Take Action to Secure Representation

Personal injury cases are complicated and require a thorough understanding of the law. An attorney’s attention to detail and professional demeanor can help promote positive outcomes for their clients. Schedule a consultation with The Law Firm of Mesa B. Jefferson, LLC today to learn about how we can handle your case with diligence, professionalism, and empathy.