Personal Injury Lawyer Metairie, LA
If you have sustained injuries in an accident caused by another party, you may want to speak with a Metairie, LA personal injury lawyer. You deserve to be compensated for your losses. A lawyer can help you hold the right people accountable and protect your legal rights.
What You Shouldn’t Believe About Personal Injury Cases
No matter what kind of accident you have been in, it is important to know the facts about personal injury cases. There is a lot of misinformation out there. Here are some common myths about personal injury cases that you should not believe.
- The at-fault party will pay all the costs. This is one of the most common misconceptions about personal injury cases. Some people are hesitant to pursue personal injury claims because they assume the responsible party will be responsible for paying all the costs. They might not think the person has enough money to pay. The truth is that the at-fault party’s insurance company will most likely cover the costs.
- You can file a personal injury claim at any time. Unfortunately, some people miss out on compensation because they believe this myth. The truth is that you have a limited amount of time to pursue a personal injury claim. In Louisiana, the statute of limitations to file a personal injury claim is just one year. After the deadline has passed, you will no longer be eligible to pursue compensation.
- It’s not a good idea to file a personal injury claim against family and friends. As a Metairie personal injury lawyer can confirm, some people may feel guilty about filing personal injury claims against friends and family members. However, if you got hurt at a friend or family member’s property, you should not hesitate to file a claim. As mentioned above, the person’s insurance company will most likely be responsible for the costs.
- Personal injury claims often take years. Some people may shy away from pursuing a personal injury claim because they think the process will take too long. However, not all personal injury claims take years to resolve. If your case is fairly straightforward and you work with an experienced lawyer, it could wrap up in several months.
- You shouldn’t file a personal injury claim over minor injuries. Even if your injuries are fairly minor, they can still result in expensive medical bills. They can also worsen over time. That’s why it’s still important to file a personal injury claim.
- The insurance company will be fair. If it is clear that the other party’s at-fault, you might assume that the insurance company will automatically offer you fair compensation. However, insurance companies care about their bottom line first and may try to get away with offering you less than what you deserve. That is why you shouldn’t communicate with the insurance company without your lawyer.
WHAT YOU SHOULDN’T BELIEVE ABOUT PERSONAL INJURY CASES
Your Obligations Regarding Insurance After an Accident
Following an accident, you may have certain duties regardless of your intent to file any kind of claim. Many people who have been in an accident, whether it is a slip and fall accident, a dog bite accident, or a car accident, do not know immediately that they are going to file a claim. They may want to take a step back and assess the damage, the injuries, and whether they think what happened will truly impact their life. Even still, you may be required to report certain injuries or property damage to, at the very least, your own insurance. How does this change when you want to file a personal injury claim with someone else’s insurance?
What must you do after an accident in Louisiana?
The first thing you will need to do is speak with your own insurance company. If you were in a car accident, you will need to answer certain questions regarding the accident, have a specific person examine your car, and provide the agents with certain documents that they are looking for. When you are hoping to pursue an injury claim, things become more complicated. The other party’s insurance will most certainly want to call you as soon as possible.
Why does the other party’s insurance have such an interest in what I have to say?
Much of what you have to say will direct which way your case will go. In fact, what you have to say is so important that it is truly best you do not speak with the other party’s insurance except through your lawyer. The insurance agent will try to get you to say every detail you can think of pertaining to the accident. The more you talk, the more ammo they have to use against you when you file a claim. Insurance agents can twist what you say to make it sound like you were partially or entirely responsible for the accident occurring.
What kinds of tactics do insurance adjusters use?
If they can get you on the phone, they will likely do what they can to get you talking and to avoid going through a lawyer. They may be so eager to settle this case that they offer you a settlement right off the bat. This sounds pretty great, right? No need to get lawyers involved and you’re already getting compensation without fighting for it. This may seem like it will make the process simpler, but truthfully, you likely have no idea how much your claim is worth. Having a lawyer by your side will help to shed light on what kind of compensation you deserve following your accident and will ensure you are taking into account all your current–and future–expenses.
It may sound like it is more hassle and expense to have a lawyer. However, working with a lawyer during a personal injury claim is not supposed to drain all of your time and resources. They are supposed to take the burden off of you and ensure you get the fair amount of compensation you deserve. Give our firm a call to see what more we can do for you.
Schedule a consultation with a Metairie personal injury lawyer from The Law Offices of Frank D’Amico, Jr. today.
Five Key Steps To Take After An Accident
As a Metairie, LA personal injury lawyer can share, accidents requiring legal action can take several forms. Accidents of this nature are not something anyone can prepare for because they are unexpected and often can result in injuries ranging from minor to severe. It can be challenging for victims to determine whether it’s in their best interest to pursue legal actions for their losses. Losses from accidents of this nature can be impactful because victims may experience severe physical pain, excessive financial losses, missed time away from work, and costly medical expenses. Knowing the appropriate process for moving forward can be complicated, and key steps must be taken. Our team from The Law Offices of Frank D’Amico, Jr. can help guide victims through the process from start to finish while also protecting the interests of their clients.
Step #1: Seek Medical Treatment
One of the first steps that should be taken is for a victim to receive medical attention after an accident. While sometimes injuries may be apparent, they may be more subtle in other situations. Although this may be true, medical care can ensure that these underlying injuries are accurately diagnosed and treated.
Step #2: Contact a Lawyer
Contacting a Metairie personal injury lawyer is critical after an accident. One of the first steps is to locate a lawyer and schedule a consultation with them. They will take the time to answer any questions and carefully review the case. During this process, victims can get a clear picture of the legal process and an idea of the value of their legal claim.
Step #3: Follow Through with Treatment
When victims receive treatment for their injuries, medical providers will take the time to assess the severity of the injuries and develop a treatment plan to achieve the best recovery possible. For victims, it’s essential to follow through with all treatment recommendations, even if the victim believes they have reached a full recovery. When a victim does not follow these recommendations, the possibility of receiving deserved compensation may be greatly reduced as insurance adjusters, and the defendant’s lawyers will fight to pay out as little as possible or deny the claim altogether.
Step #4: File an Insurance Claim
Victims and their lawyers will file a claim with the insurance company to initiate the process legally. Typically, this starts by developing a demand letter that outlines the details surrounding the accident, including the accident itself, the injuries, and the resulting damages.
Step #5: Negotiate a Settlement
Once the insurance claim is submitted, an insurance adjuster will be assigned to review it and, in some situations, may even conduct their own investigation. They will likely want to speak with the victim as part of this process, which is best done with a lawyer’s representation. Once the claim has been reviewed, the insurance company may offer a small settlement to resolve the case. Often this is much lower than the value of the case. At this point, the negotiation process will begin while the parties work to reach a fair settlement.
While it’s essential to be aware that the proper steps can vary depending upon the type of accident, taking immediate action is imperative to ensure the best possible outcome. Victims of accidents have a right to seek compensation for their losses. Because of this, one essential step will be to contact a Metairie personal injury lawyer from The Law Offices of Frank D’Amico, Jr.
Third-Party Injury Claims
A Metairie, LA personal injury lawyer knows that under Louisiana law – just like every state in the country – if a worker suffers a job-related injury or illness, they are entitled to benefits and compensation under the state’s workers’ compensation statute. Not only do workers’ compensation laws protect injured workers, but they also protect the employer because an employee who receives benefits cannot file a personal injury claim against them. They are already receiving compensation through workers’ compensation benefits.
However, there are cases where the worker’s injuries were caused by the negligence of a third party. One of the most common third-party claims involves injuries caused by defective equipment, including equipment that is defective as a result of manufacturing negligence or as a result of another party’s failure to manage and maintain that equipment properly. A personal injury lawyer can help.
Defective Workplace Products
There are numerous types of equipment, tools, machinery, and other products that employees use on the job that can result in injuries. However, when one examines worker injury statistics, the most common types of products that cause worker injury include:
- Conveyor belts, transporters, power presses, and other industrial equipment
- Cranes, forklifts, trucks, and other heavy equipment
- Electrical equipment
- Ladders and scaffolding
- Power tools
- Tools with blades
What Are the Most Common Worker Injuries Caused by Defective Work Equipment?
Although many of the injuries that workers sustain from defective equipment often appear to be minor ones, there is also a significant number that is serious or even catastrophic. And far too many of these injuries result in the worker’s death.
The most frequent types of injuries that a Metairie personal injury lawyer sees in the third-party work injury cases he or she handles are:
- Brain injuries
- Degloving injuries
- Eye loss
- Spinal cord injuries
These types of severe injuries result in long and painful recoveries for victims. There are often surgeries, hospital stays, and rehabilitation needed. This also means long periods of missed work – and no wages. There are also a high number of victims who are left permanently disabled and unable to ever return to their job.
Who Is Liable?
When a worker suffers an injury due to a defective product, there are a number of damages that they may be entitled to. Although there are many of these losses are covered by the victim’s workers’ compensation benefits, there are other losses that are not. For example, the workers’ comp benefits received for pay are only a portion of the worker’s actual wages. If they are left permanently disabled, any permanent disability benefits will only be a portion of their lifetime earnings had they not been injured. In a third-party claim, your Metairie personal injury lawyer can pursue damages for the balance your workers’ comp doesn’t cover.
Workers’ compensation benefits also do not cover pain and suffering, emotional anguish, and loss of life enjoyment. However, these are also recoverable damages in a third-party claim.
For more information, contact The Law Offices of Frank D’Amico, Jr. to meet with a Metairie personal injury lawyer.
Personal Injury | Frequently Asked Questions
What is a personal injury claim?
As a Metairie, LA personal injury lawyer can tell you, a personal injury claim is a legal process where an individual seeks compensation for injuries and damages caused by the negligent or wrongful actions of another party. Examples include truck accidents, wrongful death and medical malpractice cases. It typically involves filing a lawsuit or negotiating a settlement with the at-fault party or their insurance company. To strengthen a personal injury claim, it’s crucial to gather and preserve evidence, including photos, witness statements, and medical records. Seeking prompt medical treatment, avoiding admitting fault, and consulting with a skilled personal injury lawyer can also significantly bolster your claim.
How long do I have to file a personal injury claim?
The time limit for filing a personal injury claim, known as the statute of limitations, varies by jurisdiction and type of claim. In general, it’s important to act promptly as the statute of limitations can expire, barring you from seeking compensation. It’s best to consult with a personal injury lawyer to determine the specific time limit applicable to your case. The personal injury statute of limitations sets a time limit for filing a claim, and it varies by jurisdiction and type of claim. Acting promptly is crucial, as missing the deadline can bar you from seeking compensation. Do not wait to consult with a knowledgeable and experienced lawyer about important deadlines.
What types of damages can I recover in a personal injury claim?
In a personal injury claim, you may be able to recover various types of damages, including medical expenses, lost wages, pain and suffering, property damage, and more. The specific damages you can recover will depend on the nature and extent of your injuries, as well as the laws of your jurisdiction. Evidence for personal injury damages can include medical records, bills, receipts, wage statements, photographs, witness statements, and expert opinions. Strong and relevant evidence can support your claim for compensation in a personal injury case. An experienced Metairie personal injury lawyer like one from The Law Offices of Frank D’Amico, Jr. can help you understand what types of damages you can recover.
Do I need a lawyer for my personal injury claim?
While it’s not legally required to have a lawyer for a personal injury claim, it’s highly recommended. Do not count on insurance companies to give you a fair offer. A skilled personal injury lawyer can provide valuable legal expertise, negotiate on your behalf, gather evidence, assess the value of your claim, and protect your rights, increasing your chances of obtaining fair compensation. If you do not hire a personal injury lawyer, you may face challenges in navigating the complex legal process, negotiating with insurance companies, assessing the value of your claim, and protecting your rights, which could result in a lower compensation or even denial of your claim.
What should I do after being injured in an accident?
After being injured in an accident, it’s important to take certain steps to protect your health and legal rights. These may include seeking medical attention immediately, documenting the scene and your injuries, obtaining contact information from witnesses, notifying relevant parties (such as the police or property owner), and avoiding making any statements or accepting settlements without consulting with a personal injury lawyer. Promptly contacting a personal injury lawyer can help you understand your legal options and ensure you take appropriate actions after the accident. If you need to learn more about what you can gain from hiring a reputable lawyer, do not wait and arrange a risk-free consultation now.