Misunderstanding how personal injury cases work in Louisiana can lead to costly mistakes. Whether you’re navigating fault laws, worried about pre-existing conditions, or unsure how settlements and trials differ, it’s essential to separate fact from fiction.
Keep reading to learn more about…
- Why you can still file a claim if you’re partially at fault under Louisiana’s comparative negligence law.
- How the state’s one-year statute of limitations impacts your ability to pursue compensation.
- Key considerations for deciding between settling a claim or pursuing litigation
Myth #1: If I’m Partially At Fault For An Accident In New Orleans, LA, I Can’t File A Personal Injury Claim
This is false. Louisiana’s comparative negligence law allows you to recover damages even if you share some fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 10% at fault, you can recover 90% of the total damages owed.
Myth #2: Pre-Existing Injuries Make Winning A Personal Injury Case In Louisiana Impossible
Not true. Louisiana law recognizes the “eggshell plaintiff” doctrine, which means you can recover damages for the aggravation of pre-existing conditions caused by an accident. Transparency is key disclose your medical history to your attorney early so they can effectively argue for the full extent of your aggravation.
However, it is important that you disclose your medical history and the nature of any pre-existing conditions to your personal injury attorney as soon as possible so that we can properly argue the full extent of your aggravation.
Myth #3: I Have Unlimited Time To File a Personal Injury Claim In Louisiana
This is incorrect. Louisiana has a strict one-year statute of limitations for personal injury claims. If you fail to file within this time, your right to recover damages will be lost. To protect your claim, it’s crucial to act quickly and consult an injury claims attorney as soon as possible.
Attorney Adam Whitley is a seasoned lawyer based in New Orleans, LA, who has helped countless clients just like you navigate the intricacies of their personal injury claims. With 10 years of experience, Adam is prepared to assist you with your claims so that you can receive the compensation that you deserve.
Still have questions? Ready to get started? Contact Whitley-Sebti Law today to schedule a free initial consultation.
Myth #4: There’s A Cap On Personal Injury Settlements In New Orleans Parish
Generally, there is no cap on personal injury settlements in Louisiana.
That being said, while most cases, such as car accidents and slip-and-falls, have no limits, medical malpractice claims are subject to a cap on recovery. Knowing the specifics of your case can help you understand what compensation may be available.
Myth #5: Filing A Personal Injury Claim For Minor Injuries In Louisiana Is A Waste Of Time
Even if your injuries seem minor, you are still entitled to seek compensation, and pursuing a personal injury claim is far from a waste of time. Many of my clients don’t come to me with broken bones or severe injuries like traumatic brain injuries. Instead, they’re seeking damages for emotional distress, pain and suffering, or income lost during recovery.
While I can’t promise miracles, I am committed to fighting for the compensation my clients deserve. Louisiana personal injury law aims to restore your life to how it was before the accident, which includes addressing more than just physical injuries. Even minor injuries can impact your daily life, and you may be entitled to compensation for those effects as well.
Myth #6: You Have To Go To Court To Win A Personal Injury Case In New Orleans, LA
Many people assume they need to file a lawsuit or go to trial to win a personal injury case, but this isn’t always true. While hiring an experienced attorney is essential to get the most out of our claim, the majority of cases are resolved through settlement negotiations and never require a trial.
That said, if a settlement isn’t reached within one year, a lawsuit must be filed to preserve your right to pursue compensation. However, starting the litigation process by filing a lawsuit doesn’t automatically mean the case will go to trial it simply ensures your ability to keep negotiating for a fair resolution.
Myth #7: Settlements Are Always Better Than Litigation For Louisiana Injury Cases
Both settlement and litigation have advantages when pursuing a personal injury case. A trial may lead to a favorable verdict, but it’s important to understand that the defendant can appeal the decision, potentially prolonging the legal process and introducing uncertainty to the final outcome.
Settlements, on the other hand, are typically final and cannot be appealed by the defendant. While they often provide a quicker resolution, they may not always offer the same potential for a higher recovery as a trial verdict.
Ultimately, the choice between settlement and litigation is yours. Your attorney can help you evaluate the risks and benefits of each option to make the decision that best aligns with your goals and priorities
Still Have Questions? Ready To Get Started?
For more information on The Truth About Personal Injury Cases In Louisiana, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 370-2777 today.
Attorney Adam Whitley is a seasoned lawyer based in New Orleans, LA, who has helped countless clients just like you navigate the intricacies of their personal injury claims. With 10 years of experience, Adam is prepared to assist you with your claims so that you can receive the compensation that you deserve.
Still have questions? Ready to get started? Contact Whitley-Sebti Law today to schedule a free initial consultation.
