One of the most common questions we hear from injured clients is:
"Will my case have to go to court?"
The honest answer is that it depends.
Every personal injury claim is different. Every case involves different facts, different injuries, and different insurance issues. While many cases are resolved through settlement negotiations, some cases ultimately require litigation.
At Flattmann Law, we approach every case as though it may eventually be tried before a judge or jury. Preparing cases that way helps ensure that we are ready no matter what direction the claim takes.
Most Cases Settle Without Going to Trial
One of the biggest misconceptions about personal injury claims is that hiring an attorney automatically means filing a lawsuit.
In reality, many claims are resolved without ever stepping foot inside a courtroom.
Settlement can occur at virtually any stage of a case:
The filing of a lawsuit does not prevent settlement discussions from continuing.
Why Would a Lawsuit Become Necessary?
Sometimes litigation becomes necessary because the insurance company disputes who caused the accident.
In other situations, the parties may simply disagree about the value of the claim or the severity of the injuries involved.
There are also cases involving catastrophic injuries where it takes months or years to fully understand the long-term medical consequences of an accident.
When that happens, filing suit may become necessary to protect our client's rights while treatment continues.
Deadlines Still Matter
Louisiana law places time limits on filing lawsuits.
For most personal injury claims arising from accidents that occurred on or after July 1, 2024, the deadline is generally two years from the date of the accident. Claims arising before that date are often subject to Louisiana's former one-year prescriptive period.
Because these deadlines can depend on the date of the accident and the type of claim involved, it is important not to wait too long to seek advice.
What Changes After a Lawsuit Is Filed?
Once a lawsuit is filed, the case enters a more formal process overseen by the court.
The case is assigned to a judge, deadlines are established, and attorneys begin exchanging information through a process known as discovery.
Discovery may involve:
We often tell clients that filing suit gives us "more tools in the toolbox" to investigate the case and gather evidence.
Many cases continue to move toward settlement throughout this process.
Courts may also schedule mediation or settlement conferences in an effort to resolve the case before trial.
The Decision Always Belongs to the Client
The decision whether to file a lawsuit or accept a settlement offer is always the client's decision.
Our job is to provide guidance, explain options, and keep our clients informed every step of the way so they can make decisions confidently and with a full understanding of the process.
Have Questions About Your Personal Injury Claim?
If you have questions about whether your case may require litigation or simply want to better understand the claims process, contact us online or call our Covington office directly at 985-590-6182 to schedule your free consultation today.
We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.
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.
