Our attorneys help victims and their families get compensation for their injuries. Your damages could be overwhelming, and focusing on insurance claims and damage calculations is difficult when you are supposed to be focusing on getting better.
Let our attorneys handle your case for you. We can collect evidence, assess damages, and build a case. Then we can take it to the insurance companies for full compensation and, if they refuse, go to court to get your claim paid.
Reach out to Schoenfeld Law Firm’s personal injury attorneys at (504) 688-7760 today for a free case review.
What Damages Can You Sue for in a Personal Injury Case?
In an injury case, our personal injury lawyers are mostly concerned with “compensatory damages.” These pay you back for the harms you suffered.
However, you can also claim “punitive damages” in some cases. These are not there to pay you back, but to punish the defendant for extraordinarily dangerous behavior.
Compensatory Damages
Compensatory damages are usually there to pay you back for these kinds of expenses and other damages you suffer:
- Medical bills
- Follow-up care
- Medication costs
- Wheelchairs, crutches, and other aids
- Replacement services around the house
- Lost wages
- Lost future earning capacity
- Property damage suffered in the accident (e.g., vehicle damage in a car accident)
- Pain
- Suffering
- Emotional distress
Punitive Damages
Punitive damages are not based on the harm you suffered, but rather how bad the defendant’s conduct was. They are available in limited cases involving serious misconduct.
When to Call a Lawyer in Gonzalez
You should use a lawyer in most cases, but it is important not to wait too long to call us.
Types of Cases You Need a Lawyer For
You should have a lawyer for every injury case, regardless of how serious it is. But it is more important to have a lawyer in these situations:
- The insurance company has already denied your claim.
- You have very high damages and do not want to settle too low.
- There are complex facts or multiple at-fault parties we need to sue.
- Your case involves questions of fault where you might be accused of partial fault.
These are the kinds of cases where you are at a serious disadvantage without a lawyer on your side.
How Long After an Injury to Call Us
You should call a lawyer right away. Contact us in the hours or days after the accident, and we can start in on things like evidence collection and negotiating with the insurance companies in the days after the accident.
We can also act quickly to secure and preserve evidence like witness statements, security footage, and photos of the accident scene. Even while you are recovering in the hospital, we can start work on your case.
Deadline to File Your Case
Most injury cases in Louisiana need to be filed within 2 years. Insurance claims are usually filed sooner, and any delays in filing are delays in getting paid. Call a lawyer as soon as you can to cut down on these unnecessary delays.
Collecting Evidence for a Personal Injury Case
You need evidence of what happened, who was responsible, and how much your injuries cost to prove your case in full.
Your Lawyers Can Help
We can help obtain much of the evidence for you, especially if you were knocked out or incapacitated at the scene of the accident and were not able to collect evidence yourself.
- We can look for security cameras and send letters to the owners requesting footage.
- We can go to the scene and take pictures of the area.
- We can request medical records, financial records, and other records on your behalf.
- We can demand evidence from the defendant or take them to court so we can subpoena evidence in their possession, such as security video or internal records.
- We can find police reports for any accidents or injuries reported to the authorities, even if you were unable to remain at the scene and answer the officer’s questions.
What Evidence You Need
Most cases rely on four areas of evidence, with these pieces of evidence listed as some common examples:
- Evidence of fault, such as eyewitness testimony, security footage, and accident reconstruction reports.
- Evidence of damages, such as medical records, vehicle repair records, and your testimony about pain and suffering.
- Records of amounts of damages, such as pay stubs, financial records, and hospital bills.
- Communications, such as anything the defendant said to you at the scene of the accident, any calls or letters you received since, and any communications or offers to settle from the insurance company.
If you have other evidence you think might be helpful, save it and give it to your lawyers.
Do You File an Insurance Claim or a Lawsuit When Injured in Gonzalez?
Most cases start with an insurance claim, but lawsuits are often filed as a backup. If we wait until the insurance company tells us no to file your claim in court, it can increase the delay. Lawsuits are often filed soon after the insurance claim is so that the insurance company knows they need to settle soon or we will see them in court.
Ultimately, the case does not need to go to trial if it settles earlier.
When Should You Settle Your Case?
You should only accept a settlement after reviewing it with your lawyers, and only if it covers your needs.
Sometimes we have to assess the chances of getting more – or even less money – if we go to trial, weighed against the evidence you have and how strong your case is. Sometimes we might advise you to accept a settlement that you disagree with, and whether to go to court or take the settlement is always your choice at the end of the day, not ours.
How Long Does an Injury Case Take?
Injury cases can take months to resolve in most settlements. However, when the defense contests the case and refuses to settle, it may have to go all the way to trial to get you damages. This can take over a year.
Even so, most cases do settle before that point.
Our Gonzalez Personal Injury Lawyers Can Help
Call (504) 688-7760 for a free case assessment with the personal injury lawyers at Schoenfeld Law Firm.
