A Louisiana personal injury claim can help you recover damages you sustain due to another party’s negligence or wrongdoing. Knowing the basic process for filing your claim is important when you or a loved one has been injured in an accident.
While you can file a personal injury claim without an attorney, your chances of recovering maximum compensation are much greater when an experienced personal injury lawyer represents you. An experienced personal injury attorney in Baton Rouge can file your claim, negotiate your settlement, and help you secure the full value of your claim.
Steps For Filing a Louisiana Personal Injury Claim
All personal injury claims are different. However, most claims follow this process:
- Once you understand the extent of your damages and have obtained an accurate valuation of them, you should send the defendant’s insurance company or defense attorney a demand letter. The letter should outline your injuries, lost wages, medical costs, and other financial losses. You should provide a deadline for the insurance company or defendant to pay your claim or respond to your demand.
- The insurance company or defendant will usually respond to your letter and make a counter-offer. You can negotiate to try to resolve your claim. Most claims are resolved without a trial. However, if the defendant does not offer you a fair settlement, you will need to prepare to take your case to trial.
- File your lawsuit with the proper court and have the defendant served with the complaint and summons. Your complaint must set forth your legal claims against the defendant and provide support for your demands. Once the defendant is served, they will have a deadline to respond to your complaint. If they fail to respond on time, you can request a default judgment against them. However, the defendant will usually respond with an answer to your complaint and may also file a counterclaim against you, depending on the facts of your case. If the defendant does file a counterclaim, you will have a deadline to respond to their claim.
- All parties can conduct discovery by filing interrogatories, requests for production of documents, requests for admissions, notice depositions, and have subpoenas issued as necessary.
- You will likely continue to negotiate and try to resolve your claim even while preparing for trial.
- If you still cannot reach a fair settlement, you will have your case set for trial, and a judge or jury will decide whether you have proven liability and how much compensation you should be awarded. If a counterclaim was filed against you, the court will decide the merits of that claim as well.
- If you believe the trial court made a mistake, you have the right to file an appeal with the appellate court, asking that the trial court’s decision be reversed.
Our experienced personal injury lawyers in Baton Rouge can handle every aspect of filing your claim and helping you secure the compensation you are entitled to.
Deadline For Filing a Louisiana Personal Injury Claim
Under Louisiana Civil Code Article 3493.1, most personal injury claims have a two-year prescriptive period. That means you must typically file your claim within two years of the date of your injury. If you miss your deadline, you will not be able to recover any compensation.
However, there are exceptions to the two-year filing deadline. Some claims have a much shorter deadline. You should promptly consult an experienced Baton Rouge personal injury attorney to determine how long you have to file your claim.
Contact a Baton Rouge Personal Injury Lawyer Today
At Chris Corzo Injury Attorneys, our team of injury lawyers has a proven record of securing maximum compensation for our clients, and we want to do the same for you.
Call our knowledgeable personal injury attorney in Baton Rouge at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation to discuss your claim.