After an accident, many people seek emergency help before they begin picking up the pieces of their lives. You should not have to bear the burden of the accident on your own. A lawyer can help you sue the person responsible and get fair financial compensation.
You can and should claim various damages related to the accident, including costs of medical treatment, damaged property, the loss of income if you are unable to work, and non-economic injuries such as pain and suffering. The road to compensation can be long and challenging. Once we file your lawsuit, we must navigate various pretrial proceedings, the discovery phase, where we learn of the opposing party’s evidence, and schedule a trial in a court of law.
Start your case with a private legal review for no charge from our personal injury attorneys by calling the Schoenfeld Law Firm at (504) 688-7760.
How Do You File a Personal Injury Lawsuit in Houma, LA?
Filing a personal injury lawsuit requires gathering as much information about the accident as possible and submitting a formal complaint to the court. The complaint will set the tone for your case, so we must make it as strong as possible.
Hire an Attorney
First, you should contact a lawyer who can help you begin your case. Filing a lawsuit and steering it through the Louisiana judicial system is far from easy, and most people are ill-prepared for such an undertaking. Hire a lawyer who has done this before and can help you get the compensation you need.
Gather Information
Your attorney should start helping you gather as much information about the accident as possible. Our personal injury attorneys will search for information about everyone involved in the accident, where the accident happened, how you were injured, and any evidence of the at-fault person’s negligence.
Remember, if we cannot provide adequate information about your claims, your case may be too weak to succeed. The more information we have, the better.
Draft a Formal Legal Complaint
Once we have the information we need, we must write a formal legal complaint. The complaint is the legal document that begins a lawsuit, once the court accepts it.
The complaint must spell out exactly how we believe the accident occurred, who was involved, and why the defendant should be held responsible.
We must also include some evidence with the complaint to show that your claims constitute a valid cause of legal action. If we do not, the complaint could be dismissed as baseless.
File the Complaint and Serve Notice
Once the complaint is ready, we must file it in the appropriate court. We must make sure that we file the case in a court with jurisdiction over your case. This usually means filing the case in a civil court in the same state and county where your accident occurred.
Once the case is filed, we must notify the defendant within 90 days. Notice must be served in accordance with strict court rules and procedures. If it is served late or improperly, the defendant may challenge the case and possibly have it thrown out.
How Do You Know if You Have a Personal Injury Claim on Your Hands?
Knowing you have a personal injury claim is not always easy. Injuries might not be obvious at first, or the blame for an accident might be unclear.
Presence of Bodily Harm
First, you should consider filing a personal injury lawsuit if you have a physical injury. The key characteristic of personal injury claims is that the plaintiff has a bodily injury caused by someone else. You may bring other claims alongside this one, but claims for bodily harm are key.
Harm from Accidents
Personal injury lawsuits may involve a wide range of circumstances, but accidents are a common theme. If your injuries stem from an accident that you believe someone else is responsible for, you should speak to an attorney about filing a lawsuit.
Someone was Negligent
Most accidents are preventable and usually happen because someone else behaved negligently. We must establish exactly how this negligence occurred and who is responsible for you to be awarded any compensation for your injuries.
Remember, we must have evidence that the accident is someone else’s fault. You cannot sue for an accident that you are 100% responsible for.
What Happens After You File a Personal Injury Lawsuit?
Filing your case is the first big step, but we must be ready for what comes after.
Pretrial Proceedings
After filing the case and notifying the defendant, the defendant must file an answer in which they admit or deny specific claims made in the complaint.
Which claims are admitted and which ones are denied will play a huge role in how the case moves forward. As such, we need to wait to see what the defendant says before launching our legal strategies.
The Discovery Phase
The discovery phase is a period during which each side in a lawsuit must exchange relevant information and evidence. Doing so allows each side to build the strongest case possible.
If we believe that the defendant has evidence they are not sharing, we can ask the court to compel production. If they still refuse, the court may impose penalties.
In Louisiana, the discovery phase of many civil cases can take several months, making it one of the longest parts of a lawsuit.
Scheduling a Trial
Eventually, we must set a date for the trial. Trials are not scheduled right away, as pretrial hearings and proceedings may take varying amounts of time, depending on the circumstances. We may need to attend several pretrial conferences during which we discuss the overall status of the case before the judge schedules a trial.
How Do You Prove Your Claims in a Personal Injury Case?
Proving your claims requires evidence. We need evidence showing that the defendant owed you a legal duty of care, that they violated that duty, that the violation of duty is the direct cause of your accident, and that you have real damages.
Who Should You Sue for Personal Injuries?
You should sue whoever you believe is directly responsible for the accident and your injuries. This may include one person, multiple people, or businesses or organizations.
Can You File a Personal Injury Lawsuit if You Wait a Long Time After an Accident?
Yes, but your time to sue is not unlimited. In Louisiana, you have 2 years from the date of your accident to file a personal injury lawsuit. If the accident occurred before July 1, 2024, you would only have 1 year to sue.
Do You Need an Attorney if You File a Personal Injury Lawsuit?
Yes. It is not a good idea to handle a personal injury lawsuit alone. The legal system is famously complicated, and the process can be time-consuming. You should hire an experienced attorney to help you.
Our Houma Personal Injury Attorneys Can Help
Start your case with a private legal review for no charge from our personal injury attorneys by calling the Schoenfeld Law Firm at (504) 688-7760.
