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  • By: Adam Whitley-Sebti, Esq.
  • Published: October 17, 2024

Personal Injury Claims file on desk, representing legal documentation for injury casesIn this article, you can discover…

  • What to keep in mind when communicating with insurance adjusters.
  • The documentation you’ll need to file a personal injury claim.
  • The next steps to take if settlement negotiations break down.

What Is The First Step In Filing A Personal Injury Claim?

Seek medical attention and reach out to an experienced personal injury attorney immediately. The sooner after your accident you seek medical help, the better, as this will help you not only heal but establish a link between the accident and your injury. 

The diagnosis and medical records of these doctor’s visits will document your injuries and serve as evidence in your settlement negotiations or lawsuit. They’ll also set out a treatment plan, which, if followed, will further support your case. 

Reaching out to a personal injury attorney is key, as well. An attorney will not only guide you through the legal process but make sure that certain key initial legal steps are taken. This might include sending out a letter requesting the preservation of evidence or making sure you don’t sign anything from the insurance companies that could damage your case. 

What Should I Know About Speaking With Insurance Adjusters After An Accident?

Anything that you say to insurance adjusters following their accident will be used by them to benefit themselves. It’s important not to speak with insurance representatives directly; in spite of their friendly slogans, insurance companies are definitely not on your side when you’re an injured party. 

Insurance companies have an entire team of well-trained adjusters, attorneys, and investigators whose job is to ensure the insurance company parts with as little money as possible. This translates to paying the smallest possible amount for each claim. 

One of the tactics insurance companies will use to this end is getting you on the phone right after an accident to catch you off guard, make it sound like they’re your friend, and try to get you talking. These conversations are recorded, and they’ll seek to use these conversations later to deny or minimize your case. 

Should they call, let them know that they can call your attorney if they need a statement. Allow your personal injury attorney to handle further calls and communicate with them on your behalf. 

What Evidence Is Required To Support A Personal Injury Claim?

Documents to prove liability can include police reports, other official reports, and eyewitness statements. Other helpful evidence includes personal photos and videos of the accident scene, traffic camera footage of the incident, and dashcam footage. 

The most important documentation related to damages includes medical records and medical billing. These help document your injury, establish a link between the accident and your injuries, and give a sense of the damages you may be entitled to. 

What Is The Process For Filing A Lawsuit In Louisiana If Settlement Negotiations Fail?

If parties can not agree on a settlement amount, a lawsuit must then be filed to preserve the claim. This lawsuit needs to be filed within a year of the date of the injury, making timing essential. 

Your attorney will submit all necessary paperwork to the court to initiate the lawsuit. Louisiana has its own set of rules related to how lawsuits are filed, though initial court costs (such as filing fees and service of process fees) are generally covered by the court. 

After the lawsuit is filed, litigation will include further fees such as filing and court fees, and costs related to deposition, transcripts, investigation, and expert witness fees. 

What Are The Potential Outcomes Of A Successful Personal Injury Case?

A successful outcome of a personal injury case will result in your being compensated for special damages, medical bills, all of your lost wages, emotional distress, pain and suffering, and future medical care. 

This happens either through settlement negotiations or through a trial where a jury decides what these numbers are. Many injury victims assume that a high jury award would be the ultimate win, but it’s important to know that the at-fault party and their insurance company can always appeal a jury verdict. This invariably makes the trial process quite a bit longer, more complicated, and potentially riskier. 

On the other hand, settlements can not be appealed by the other party, and your compensation is immediate, making a positive settlement outcome a better goal for many personal injury victims.

With both settlements and trials, getting the best outcome possible begins with quality medical care and having a hard-working, caring law firm advocate for you. If you’ve been injured, reach out. Whitley-Sebti Law will guide you through the legal process, handle each step of negotiations, and work hard to get you the best possible results. 

Still Have Questions? Ready To Get Started? For more information on Filing A Personal Injury Claim In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 370-2777 today.

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