A majority of personal injury claims are settled before a lawsuit has to be filed. Even in cases where a lawsuit is filed, many are resolved before a trial occurs.
However, whether your case will go to trial depends on many factors including the extent of your injuries, the amount of insurance available, and whether the at-fault insurance company is willing to be reasonable in their evaluation of your damages.
Knowing the difference between an insurance claim and a lawsuit is important. An insurance claim is simply the opening of a claim against the at-fault driver through their insurance company. An insurance claim allows the insurance company to consider your damages and the liability of their insured to determine whether they are willing to negotiate with you toward the settlement of your claim. A lawsuit is the continuation of an insurance claim through the court system. After filing a lawsuit, both sides (you and the insurance company) have the ability to ask questions of each other and uncover additional facts in order to ultimately present those facts at a trial.
In Louisiana, injury victims have a very short (one-year) time frame within which to either resolve their personal injury claim or file a lawsuit to preserve their claim. Waiting too long to contact an attorney can be a big mistake.
When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.