If you are hurt in an accident, you may need more than a doctor. After getting emergency medical care, you should call a lawyer to discuss your situation. You may be entitled to significant financial compensation, and your attorney can help you get it.
A personal injury case must involve claims for bodily harm. While numerous other claims, like those for damaged property or lost income, may also be filed, claims for real, bodily injuries must be present. Many cases involve unfortunate accidents, like car accidents, slip and fall injuries, and injuries caused by defective products. You should reach out to an attorney for help as soon as possible. The longer you wait to begin your case, the harder it might be to prove your claims.
Ask our personal injury attorneys for a free, private case review when you call the Schoenfeld Law Firm at (504) 688-7760.
What Damages Are Available in Personal Injury Lawsuits?
Personal injury claims may span a broad range of accidents and injuries, so claims for specific damages will be unique in each case. Below are common claims that you should discuss with your attorney.
Medical Costs
A major concern for most people with serious injuries is medical care. More specifically, people often worry about the high costs of medical care. If you received any medical treatment – which you should have – you should claim those costs as part of your damages.
Property Damage
Along with physical injuries, you may experience some property damage during the accident. Your vehicle might be damaged in a car crash, or you might lose valuable personal items, like a cell phone or a wedding ring, in the chaos of the accident. The cost to repair or replace personal property must be accounted for in your claims.
Lost Wages
Injuries often get in the way of working, and many accident victims must step away from their careers to focus on recovering. Unfortunately, this may mean that you lose income, which should be claimed as part of your damages.
The longer you are out of work, the higher your damages should be.
Pain and Suffering
Whatever the accident was, or however you are injured, you may experience significant physical pain and emotional or mental distress and trauma. Such experiences can be difficult to place a dollar value on, but you can and should claim them as part of your damages.
Where Do You Find Evidence for a Personal Injury Case in Thibodaux, LA?
Evidence to support your claims may come from various places, and an experienced attorney should know where to begin the search.
Documenting the Accident Scene
First, you should do your best to document the accident scene as soon as possible after the accident. If you can, take photos and record videos of the accident scene. Take pictures of any damage, injuries, and people at the scene. Once the scene is cleaned up, valuable evidence could be lost, and your photos and videos might be all that remains.
Medical Records
To prove the extent and severity of your injuries, we will likely need to present evidence from your medical records. Be sure to get medical care immediately after an accident. If you wait, a large gap in your records may undermine your claims.
Depositions and Interrogatories
Witnesses are an important part of almost any civil lawsuit, and our personal injury attorneys may interview various people connected to the accident or with personal knowledge of it. To determine who has valuable testimony, we can conduct depositions and send interrogatories to potential witnesses. We can even schedule a deposition with the opposing party to see what they know.
The Discovery Phase
The discovery phase is a stage of the trial process in which each side must exchange relevant evidence and information. We should have access to any relevant evidence the opposing party has, and we can use it to build a much stronger and more compelling case.
Who is Responsible for Personal Injuries?
It might not be fully clear who is responsible for your personal injuries. If you are unsure, consider the following commonly named defendants in personal injury cases.
Businesses and Organizations
You may be able to sue the business or organization responsible for your accident. For example, if a customer were injured while shopping in a store, they could sue the store for damages. You may include any business or organization that is directly connected to the accident.
Often, the business or organization owns the property where the accident occurred, although they could play a more direct role in the accident, depending on the situation.
Employers
If you were injured while working, you may be able to sue your employer. In Louisiana, injured employees typically cannot sue their employers for work-related accidents, and Workers’ Compensation is the primary method of obtaining financial compensation. However, exceptions to this rule exist that might allow you to sue your employer or an outside third party after an accident at work, and you should speak to an attorney about it.
Private Individuals
You may sue any private individual whom you believe is directly responsible for the accident and your injuries. For example, you can sue another driver involved in a car accident, the owner of a property where you fell due to hazardous conditions on the premises, or someone who deliberately causes harm by assaulting you.
How Soon Should You File a Personal Injury Lawsuit After an Accident?
If your personal injuries arose on or after July 1, 2024, you have 2 years from that date to file a lawsuit. However, if your injuries arose before July 1, 2024, you would only have 1 year to file a lawsuit.
Do You Need to File Insurance Claims for Personal Injuries?
You are not required to file insurance claims for a personal injury, although your injuries might be covered by insurance. You can file insurance claims before a lawsuit, or you can opt to go straight to a lawsuit if you prefer.
Are Personal Injury Lawsuits Time-Consuming?
Lawsuits are known to be time-consuming and challenging. It is common for cases to take more than a year to complete. Even so, a lawsuit may help you get the full extent of your damages, and the payoff is often worth the time and effort.
What is the Best Way to Get Financial Compensation After Being Hurt in an Accident?
The best way to get compensation after an accident depends on how the accident occurred, your injuries and damages, and what you want from the case. Those with less severe injuries might find that insurance claims are the way to go. Others with more serious injuries who want to hold the at-fault person accountable should file a lawsuit with the help of a lawyer.
Our Thibodaux, LA Personal Injury Attorneys Can Help
Ask our personal injury attorneys for a free, private case review when you call the Schoenfeld Law Firm at (504) 688-7760.
