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Should I Seek Medical Attention After My Accident?

Wed, 24 Jul 2024 13:25:18 GMT

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC Jan. 24, 2024

In the wake of an accident, it's natural for individuals to feel overwhelmed and uncertain about the next steps. This often leads many to overlook the importance of immediate medical attention, especially when injuries aren't visibly apparent. However, this article aims to shed light on why seeking prompt medical care is not just crucial for one's health but also significantly impacts the success of a personal injury claim. It delves into the unseen injuries that may surface long after the accident and how medical documentation can fortify your claim.

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC, based in New Orleans, Louisiana, have a wealth of experience in guiding clients through these challenging times. They underscore the importance of immediate medical attention post-accident and are adept at navigating the complexities of personal injury law. They provide their clients with comprehensive legal assistance, from gathering and preserving essential evidence to negotiating with insurance companies and representing clients in court if necessary. Their commitment to their clients extends throughout Metairie, Mandeville, Slidell, and Chalmette, Louisiana, ensuring that their rights are protected and they receive the compensation they deserve.

Understanding the Importance of Immediate Medical Attention

There's a common misconception that if you're not visibly injured after an accident, you don't need to see a doctor. But it's crucial to understand that some injuries aren't readily detectable and may present symptoms days or even weeks after the incident. That's why Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC , always advise their clients to seek immediate medical attention following an accident.

When you promptly consult a healthcare professional, they can assess your condition, providing essential documentation of any injuries you might have sustained in the accident. This medical evidence plays a vital role in establishing a connection between the incident and your injuries, a critical aspect when pursuing a personal injury claim. It offers a detailed account of your injuries' extent and severity, which could notably influence the compensation you might be entitled to.

Furthermore, immediate medical attention isn't just beneficial for your health; it also strengthens your legal case. Insurance companies and defense attorneys often argue that delayed medical treatment suggests your injuries aren't severe or were caused by an incident other than the accident. By seeking immediate medical attention, you're solidifying your claim and showing that your injuries are a dire ct result of the accident.

The Dual Benefit: Your Health and Personal Injury Claim

Injuries such as internal damage or whiplash may not show immediate symptoms but can lead to long-term health complications if left untreated. By seeking timely medical attention, you ensure that any hidden injuries are diagnosed and treated promptly, preventing potential complications or worsening of your condition.

Getting medical attention also establishes a clear timeline of your injuries and treatment, a crucial factor for your personal injury claim. Medical records and reports serve as objective evidence of your injuries and the medical care you received. They lay the groundwork for calculating the damages you might be entitled to, including medical expenses, lost wages, pain and suffering, and future medical needs.

Moreover, seeking medical attention shows your commitment to your own well-being and recovery. Insurance companies and juries are more likely to take your claim seriously if you've sought appropriate medical care and followed the recommended treatment plan. It shows that you're taking responsibility for your health and doing everything possible to recover from the accident.

How Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC Can Assist

Retaining an experienced personal injury attorney is crucial after sustaining an accident-related injury. Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC , based in New Orleans, Louisiana, can guide you through the legal process, protect your rights, and maximize your chances of obtaining fair compensation.

With a deep understanding of the law and the tactics used by insurance companies to minimize or deny claims, they can help you gather and preserve evidence, such as medical records, accident reports, and witness statements, to strengthen your case. They will also handle all communication and negotiations with insurance companies on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.

If a fair settlement cannot be reached, they are prepared to take your case to trial and advocate for your rights in court. They will present a compelling argument, backed by evidence, to demonstrate the extent of your injuries, the impact on your life, and the negligence of the responsible party.

From her office in New Orleans, Jeanne Andry Landry also serves families and individuals located in Mandeville, Chalmette, Metairie, and Slidell who have been involved in an accident and need to file a claim for their damages. Reach out today as you begin your journey to recovery and compensation.

Can I Sue a Business if I Was Hurt on Their Property?

Wed, 03 Jul 2024 21:26:30 GMT

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC July 3, 2024

Understanding your legal rights is fundamental when you've been injured on someone else's property, particularly on business premises. Whether it’s a slip and fall at a grocery store, a trip on uneven flooring in a restaurant, or a hazardous obstacle in a hotel, you may have the right to file a lawsuit against the business for negligent maintenance or unsafe conditions.

Attorneys Arthur Landry and Jeanne Andry Landry understand how pressing these situations can be, which is why they're here to provide compassionate legal guidance. The firm proudly serves clients in New Orleans, Louisiana, and throughout Metairie, Mandeville, Slidell, and Chalmette.

Premises Liability in Louisiana

In Louisiana, premises liability laws dictate the circumstances under which a property owner, including a business, can be held responsible for injuries sustained on their property.

Louisiana follows a comparative fault system, meaning that the injured party's compensation may be reduced based on their level of fault in the incident. Here are some specific considerations for premises liability in Louisiana:

Statutory duty of care: Louisiana law requires property owners to exercise reasonable care in keeping their premises free from hazardous conditions.

Merchant liability statute: Louisiana has specific statutes governing accidents occurring in commercial establishments. Under RS 9:2800.6, you must prove that the merchant created the hazard, knew about it, or should have known about it through reasonable diligence.

Notice and opportunity to correct: The injured party must demonstrate that the business had actual or constructive notice of the hazardous condition and had a reasonable opportunity to correct it before the injury occurred.

Comparative fault: Under Louisiana’s comparative fault rule, if you are partially at fault for the accident, your compensation will be reduced by the percentage of your fault.

Filing deadlines: In Louisiana, the statute of limitations for personal injury claims is one year from the date of the injury. This means you must file a lawsuit within this timeframe to seek compensation.

Understanding these regulations is crucial for effectively navigating a premises liability claim in Louisiana. Consulting with an experienced attorney can further aid in understanding your rights and determining the best course of action for your situation.

What Constitutes Negligence?

Negligence refers to a failure to exercise the level of care that a reasonable person would in similar circumstances, leading to harm or injury to another. It involves actions or omissions that fall below the standard of care expected, and it can manifest in various ways. Here are some common examples that can reinforce your claim:

Failure to maintain premises: This includes not fixing issues like broken flooring, loose railings, or malfunctioning lights.

Inadequate security: Failing to provide sufficient security measures, leading to injuries caused by criminal activities.

Lack of proper signage: Not warning customers about wet floors, construction areas, or other hazards.

Comparative Negligence in Louisiana

As mentioned earlier, Louisiana, the legal principle of comparative negligence can significantly impact the compensation you receive after an injury. This rule means that if you are found to be partially at fault for your own injuries, your compensation will be adjusted according to your degree of fault.

For example, if you are deemed to be 30% responsible for the accident, your total compensation will be reduced by 30%.

The courts will also evaluate whether you exercised reasonable care to protect yourself from harm. Even if a hazard was present, the court will examine the steps you took to ensure your own safety.

Speak with a reliable personal injury that can analyze your case and determine your options.

Steps to Take If You Are Hurt on Business Property

If you've been injured on business property, taking prompt actions not only ensures your well-being but also strengthens your potential claim:

Seek medical attention: Immediate medical care is crucial for several reasons. Firstly, it ensures that your injuries are properly treated, which can prevent further complications. Secondly, medical records serve as vital documentation of your injuries, providing an objective account that can support your claim.

Report the incident: Inform the business manager or owner of the accident as soon as possible. Ensure that they document the incident in their records. Request a copy of the incident report for your own records.

Gather evidence: Collect as much evidence as possible from the scene of the accident. Take clear, detailed photos of the area where the incident occurred, your injuries, and any hazards that contributed to your fall, such as wet floors, broken stairs, or poor lighting.

Collect witness information: Witnesses can provide a third-party account of the incident, which can be invaluable. Obtain the names, phone numbers, and email addresses of anyone who saw the accident.

Document everything: Keep a detailed record of everything related to the incident. This includes medical bills, transportation costs to and from medical appointments, lost wages if you had to miss work, and any other expenses directly related to the injury.

Consult an attorney: Consult with a personal injury attorney who specializes in premises liability. They can provide valuable guidance and ensure that your rights are protected throughout the claims process.

Taking these thorough steps can significantly strengthen your claim and increase your chances of obtaining a fair settlement or judgment.

Legal Process for Filing a Claim

Navigating a personal injury claim against a business involves several steps:

Consult with an attorney: A personal injury attorney can provide a thorough evaluation of your case.

Investigation: Your attorney will gather evidence, including surveillance footage, maintenance records, and witness statements.

Filing the claim: Your attorney will file a formal claim outlining the injuries, evidence, and requested compensation.

Negotiation: Often, claims are settled through negotiations with the business's insurance company.

Litigation: If a settlement cannot be reached, the case may proceed to court.

Potential Compensation

If your claim is successful, there are several types of damages you might recover. Here’s a closer look at each:

Medical expenses: This covers all medical treatments related to your injury, including hospital stays, surgeries, prescription medications, physical therapy, and any future medical care that may be needed as a result of the injury. Keeping detailed records of all medical bills and treatments is crucial for substantiating your claim.

Lost wages: This compensation covers the income you have lost due to your inability to work during the recovery period. It can also include future lost earnings if the injury impacts your ability to work long-term or results in a diminished earning capacity. Documenting your employment history, salary details, and work absences is important for calculating lost wages accurately.

Pain and suffering: These damages compensate for ongoing physical pain and emotional distress caused by the injury. This can extend to mental anguish, anxiety, depression, and loss of enjoyment of life. The calculation of pain and suffering damages is often subjective and may require testimonies from medical professionals, as well as psychological evaluations to support the claim.

Property damage: This includes the repair or replacement costs for any belongings that were damaged or destroyed during the incident. This can range from personal property like electronics and jewelry to larger items like vehicles. Providing receipts, repair estimates, and photos of the damaged property can help validate these claims.

By understanding these categories and meticulously documenting all related expenses and impacts, you can strengthen your claim and ensure you receive the full compensation you are entitled to.

Why You Need Legal Representation

Personal injury law can be tough, especially against a business, it requires professional legal expertise. A seasoned personal injury attorney will analyze your situation and provide legal help where needed.

Contact Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC for a comprehensive consultation to discuss your potential claims and the next steps in securing the compensation you deserve.

The Do's and Don’ts of Pursuing Medical Malpractice Claims

Tue, 11 Jun 2024 14:07:38 GMT

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC June 11, 2024

Pursuing medical malpractice claims requires careful planning, a strong understanding of the law, and skillful legal representation.

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law , aim to support you through this difficult process with the utmost respect, professionalism, and compassionate listening.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional provides substandard care that results in harm to a patient. This can include misdiagnosis, surgical errors, prescription mistakes, or failure to provide appropriate treatment.

The Do's of Pursuing Medical Malpractice Claims

Here’s what to do if you have experienced medical malpractice.

1. Do Consult an Experienced Attorney

The first and most crucial step is consulting an experienced medical malpractice attorney. Their advice will be tailored to your circumstances.

2. Do Gather All Relevant Medical Records

Medical records will serve as the backbone of your claim, providing evidence of the care you received and where it went wrong. Your attorney will need these documents to build a strong case.

3. Do Act Quickly

The statute of limitations for medical malpractice claims in Louisiana is generally one year from the date of the incident or discovery of the injury. Quick action on your part allows you to meet these deadlines and safeguard your right to pursue a claim.

4. Do Seek a Second Medical Opinion

A second medical opinion can help establish that the original care you received was substandard. It also provides additional evidence to support your claim.

5. Do Communicate with Your Attorney

Keeping the lines of communication open with your attorney is vital. A good attorney builds solid relationships with their clients and makes sure your concerns are heard and addressed throughout the process.

6. Do Document Everything Thoroughly

Maintain detailed notes and records of every interaction and treatment you receive from healthcare professionals. This includes prescription details, appointment dates, and the names of all medical personnel involved in your care. These records can serve as critical evidence in substantiating your claim.

7. Do Seek Emotional Support

Pursuing a medical malpractice claim can be an emotional process. Seek support from friends, family, or professional counselors to help you deal with the emotional toll of the process. Having a strong support system can be invaluable as you go through this challenging period.

8. Do Understand the Financial Implications

Be aware of the potential financial costs involved in pursuing a medical malpractice claim. These may include attorney fees, court costs, and fees for expert witnesses. Understanding these implications can help you prepare financially and avoid unexpected expenses.

9. Do Be Honest and Transparent

Always provide truthful and comprehensive information to your attorney and the courts. Honesty is crucial in building a credible and convincing case. Any discrepancies or omissions can undermine your claim and potentially harm your chances of a successful outcome.

10. Do Focus on Your Health

Your health and well-being should be your top priority throughout this process. Continue to follow medical advice and seek treatment for your injuries. Pursuing legal action should not detract from your efforts to recover and maintain your health.

The Don’ts of Pursuing Medical Malpractice Claims

Here’s what not to do if you have experienced medical malpractice.

1. Don’t Delay Seeking Legal Advice

Get legal advice as soon as possible. Delay can result in the loss of critical evidence and the expiration of the statute of limitations.

2. Don’t Communicate Directly with Insurance Companies

Insurance companies often aim to settle claims quickly and for as little money as possible. Direct communication with them can jeopardize your claim. Always consult your attorney before speaking with insurance representatives.

3. Don’t Sign Anything Without Legal Counsel

Never sign any documents related to your claim without first consulting your attorney. Signing documents without understanding their implications can affect your ability to seek fair compensation.

4. Don’t Discuss Your Case Publicly

Avoid discussing your case on social media or with anyone outside your legal team. Public discussions can be used against you and may harm your claim.

5. Don’t Assume All Attorneys Have the Same Experience

Not all attorneys specialize in medical malpractice. Ensure that your attorney has a strong track record in this field.

6. Don’t Ignore Medical Advice

Ignoring the advice of healthcare professionals can negatively impact your recovery and weaken your claim. Follow prescribed treatments and attend all medical appointments to show that you are taking your health seriously and to support your case.

7. Don’t Exaggerate or Misrepresent Your Injuries

Exaggerating or misrepresenting the extent of your injuries can undermine your credibility and harm your claim. Be honest and accurate in all descriptions of your condition.

8. Don’t Dispose of Any Evidence

Preserve all physical evidence related to your injury and treatment. This includes medical devices, prescriptions, and personal notes. Disposing of any evidence can weaken your case and make it more difficult to prove your claim.

9. Don’t Hide Prior Medical History

Be transparent about your medical history with your attorney. Hiding previous medical conditions or treatments can surface later and damage your case. Full disclosure ensures that your attorney can build the strongest possible argument on your behalf.

10. Don’t Accept the First Settlement Offer

The first settlement offer you receive is often lower than what you may deserve. Consult with your attorney before accepting any offer to ensure it adequately covers your damages and future medical needs.

Medical Malpractice Laws in Louisiana

In Louisiana, medical malpractice claims are subject to specific laws and regulations:

Statute of limitations: In Louisiana, you generally have one year from the date of the incident or discovery of the injury to file a claim.
Medical review panel: Before filing a lawsuit, your claim must be reviewed by a medical review panel. This panel consists of three healthcare providers and one attorney, who evaluate the merit of your claim.
Damage caps: Louisiana has a cap on non-economic damages (such as pain and suffering) in medical malpractice cases, currently set at $500,000.
Patient compensation fund: The state has established a Patient Compensation Fund (PCF) to ensure that patients are compensated for legitimate claims. Healthcare providers pay into this fund, which covers damages exceeding the cap.
Informed consent: Louisiana law requires that patients provide informed consent before undergoing any medical procedure. Failure to obtain this consent could be grounds for a malpractice claim.
Good Samaritan law: Provides specific kinds of immunity to healthcare professionals who voluntarily assist in emergencies outside their regular employment setting. This law is designed to encourage aid without the fear of negligence claims, though it does not provide blanket immunity for all acts of negligence.
Expert witness requirement: To support a malpractice claim, Louisiana requires testimony from a medical expert who can establish the standard of care that was breached. This expert must be qualified to offer an opinion relevant to the specifics of the case.
Joint and several liability: In cases where more than one healthcare provider is found liable, each party is only responsible for their portion of the damages as determined by their degree of fault.
Collateral source rule: In Louisiana, payments received from other sources (like insurance) cannot be deducted from the amount awarded in a malpractice claim. This rule ensures that plaintiffs are fully compensated for their losses.
Periodic payments: For future damages exceeding $250,000, Louisiana allows for periodic payments rather than a lump-sum payout. This ensures long-term financial security for the injured party.

Speak With Medical Malpractice Attorneys in New Orleans, Louisiana

Pursuing a medical malpractice claim can be daunting, but you don't have to go through it alone. The experienced attorneys at Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, are here to help you every step of the way. With over 70 years of combined experience , they are dedicated to achieving excellent results for their clients.

They proudly serve clients in New Orleans, Louisiana, Metairie, Mandeville, Slidell, and Chalmette. If you have been a victim of medical malpractice, call them and take the first step toward jus tice.

Important Steps to Take After an Accident

Wed, 17 Jan 2024 15:42:42 GMT

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC Jan. 17, 2024

Countless individuals in Louisiana find themselves involved in accidents, leaving them disoriented, frightened, and uncertain about what steps to take next. No one should have to experience a personal injury and struggle in the aftermath of one.

If you've recently experienced an accident in Louisiana—whether it's a car collision, slip and fall, or any incident resulting in injury—it’s important to contact legal counsel. As a personal injury attorney , Jeanne Andry Landry is ready to offer detail-oriented advocacy and knowledgeable guidance when you need it the most. Your rights deserve to be upheld every step of the way.

The firm is proud to serve clients in New Orleans and the rest of Louisiana, including Metairie, Mandeville, Slidell, and Chalmette. Reach out today to set up a consultation.

Steps to Take After an Accident
It’s natural to ask yourself, “What should I do next?” in the aftermath of any kind of injury. It's crucial to understand what actions to prioritize in such a stressful situation.

1. Safety/Medical Care

It’s vital to put your safety and well-being first for your own sake, for the sake of documentation, and for the sake of your case as a whole.

For Your Own Sake: Regardless of how minor the injuries may seem initially, seek medical care from a doctor. Not all injuries are immediately apparent, and some may manifest days or weeks later. Delaying medical care could jeopardize your health.

For Documentation: Documentation of your injuries is crucial when filing an insurance claim. Medical records serve as tangible evidence supporting your case and the extent of your injuries.

For Your Case: Insurance companies may try to use delays in seeking medical care against you. They might try to argue that your injuries weren't severe enough to warrant immediate attention. Prompt medical care helps establish a direct link between the accident and your injuries.

2. Call the Police

Your next step is to call the police. Calling the police after an accident is important for several reasons. First, it ensures an official record of the incident is created, detailing the circumstances and parties involved. This police report could serve as a key document when filing an insurance claim or pursuing legal action. Additionally, the presence of law enforcement can help facilitate the exchange of information between parties, gather witness statements, and objectively assess the situation, contributing to a more accurate and unbiased account of the accident.

3. Document Everything

Documentation holds immense significance in situations following an accident. Take these steps when it comes to documentation:

a. Collect information from the other driver(s) involved.

b. Gather contact details of any witnesses present.

c. Be sure to obtain a copy of the police report. It serves as an official document outlining accident details.

d. Keep records of medical treatments, bills, and diagnoses.

e. Compile your own account of what transpired during the accident. This could mean handwritten notes, voice memos, and more. Document details while they're fresh in your memory.

4. Consider Louisiana's Reporting Requirements

In Louisiana, understanding the reporting requirements after an accident is crucial. Many insurance policies have strict deadlines for reporting accidents. Failing to report promptly might result in a denial of coverage.

While the state of Louisiana itself doesn't have a specific law mandating accident reporting for all accidents, certain situations do require reporting. Failing to comply with reporting requirements—especially those involving injuries or significant property damage—could have legal repercussions and impact your ability to seek compensation. With the help of a personal injury attorney , be sure to familiarize yourself with these reporting obligations and fulfill them within the specified timeframes to ensure compliance with Louisiana state laws and insurance policy requirements.

Potential Pitfalls in the Personal Injury Process

By prioritizing safety and documentation, adhering to legal requirements, and seeking legal counsel, you can protect your rights and pursue fair compensation for your injuries. However, you’ll need to keep the following pitfalls in mind:

Dealing with an uninsured driver

Louisiana requires drivers to have liability insurance, but some individuals may drive without insurance. If you're involved in an accident with an uninsured driver, you might face challenges in seeking compensation for your injuries or property damage. Navigating these situations can be complex without legal guidance.

Accepting a low initial settlement offer from insurance

Insurance companies might offer a quick settlement shortly after an accident, often before the full extent of injuries and damages is known. Accepting this initial offer could potentially undervalue your claim, leaving you inadequately compensated for your suffering and other losses. Avoid rushing into accepting settlements without understanding the complete impact of the accident on your health, finances, and future.

Overlooking future damages and long-term impact

After an accident, it might be tempting to focus solely on immediate damages and expenses, overlooking potential future medical costs, lost wages, or long-term disabilities resulting from the injuries. Evaluating the full extent of damages, including future financial implications, is crucial in helping you move forward.

How an Attorney Can Help

Hiring a skilled personal injury attorney can be pivotal in navigating the complexities of a post-accident situation in New Orleans or anywhere else in Louisiana. Legal professionals play a multifaceted role in advocating for your rights and ensuring you receive rightful compensation. In addition to undertaking the crucial task of assessing the value of your claim and meticulously evaluating the damages incurred, they act as intermediaries in your interactions with insurance companies and legal entities.

In essence, a personal injury attorney acts as your steadfast advocate, offering a range of services to help you achieve a fair and just outcome in your personal injury claim.

Navigating the aftermath of an accident can feel overwhelming, but the steps you take can significantly impact your recovery and potential compensation. If you're uncertain about these steps, reach out to Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC. Set up a consultation with Jeanne Andry Landry when you’re ready to get started.

When Should I Contact a Personal Injury Attorney?

Thu, 16 Nov 2023 15:35:56 GMT

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC Nov. 16, 2023

Experiencing a personal injury due to someone else's negligence can be a distressing and disorienting experience. You may feel overwhelmed by medical bills, lost wages, and emotional trauma, and unsure of the next steps to take. However, you don't have to face these challenges alone.

That's where the knowledge of a personal injury attorney, like Jeanne Andry Landry , comes into play. The firm's team of attorneys can provide much-needed guidance and support during this difficult time, helping you understand your rights and navigate the complex legal process to help seek the compensation you rightfully deserve.

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC proudly serve clients in New Orleans, Metairie, Mandeville, Slidell, and Chalmette, Louisiana.

Common Personal Injuries

Personal injuries can occur in many different situations, each with its unique circumstances and implications. Some common types of personal injuries include:

Auto accidents: These often result from negligent driving such as speeding, distracted driving, or DUI.

Wrongful death cases: This involves cases where negligence or misconduct results in death.

Pedestrian/bicycle accidents: Often caused by drivers who fail to yield the right of way.

Medical malpractice: Occurs when health care providers fail to meet standard care levels, causing harm to patients.

Slips, trips, and falls: Usually resulting from hazardous conditions like wet floors or uneven surfaces.

Defective products: Injuries caused by faulty consumer products due to design flaws or manufacturing errors.

Premises liability: This involves injuries sustained on someone else's property due to inadequate maintenance or security.

Louisiana Is a Fault State

In Louisiana, if you've been injured due to someone else's negligence, the law firm of Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC, can guide you through the process of seeking compensation for your damages. It's worth noting that Louisiana operates under a "comparative fault" system. This means that if you're partially responsible for the incident that led to your injury, any compensation you receive will be reduced by the percentage of your fault.

For instance, if you were speeding at the time of a car accident caused by another driver, the court might find you partially at fault. Your settlement would then be decreased by your percentage of responsibility.

Statute of Limitations in Louisiana

I n the state of Louisiana, a statute of limitations sets a strict time limit on filing a personal injury lawsuit in court. This law, found under Louisiana Civil Code article 3492, allows only one year from the date of the incident that caused the injury to file a lawsuit. This means if someone suffers harm due to another person's negligence, they have exactly one year from the date of the accident to take legal action.

Remember, the insurance company of the at-fault party is likely already conducting their own investigation to minimize or completely defeat your claim. So, it's crucial to act fast and secure your legal rights by hiring an attorney.

If you don't file your personal injury lawsuit in Louisiana's court system before the one-year mark passes, you'll lose your right to file it at any time in the future. This could leave you without a legal remedy for your injuries, no matter how severe they are or how clear the at-fault party's liability might be. Therefore, the knowledge of a seasoned personal injury attorney in navigating these legal timelines could make all the difference in securing the compensation you deserve.

Knowing When to Contact a Personal Injury Law Firm

Understanding Louisiana's personal injury laws is crucial, given that it's a fault state. This means that the party responsible for causing the accident is liable for any resulting harm. Here are some scenarios when you should consider contacting a personal injury law firm:

If Your Injuries Are Serious: Serious injuries may include severe fractures, traumatic brain injuries, spinal cord injuries, or permanent disabilities.

When You Don’t Know Your Options: If you're unsure about your legal rights or how to handle insurance companies, seeking an attorney's advice is advisable.

Dealing With Insurance: Insurance companies might not always offer a fair settlement. An attorney can negotiate on your behalf.

Proof of Negligence Isn’t Easy: Proving negligence requires evidence and expert testimonies. An experienced attorney can help gather the necessary evidence and build a strong case.

Your future matters, so if you aren’t sure when you need to contact an attorney, reach out to schedule an initial, free consultation for support.

Things to Ask a Personal Injury Attorney

When choosing a personal injury attorney, consider asking the following questions:

How long have you been practicing personal injury law?
Have you handled cases similar to mine before?
What is your approach to negotiating settlements?
Will you be personally handling my case, or will it be assigned to another attorney?
What fees and expenses should I expect?

Asking these questions—and more—help you understand what to expect moving forward, the type of relationship and communication you can expect, and more.

Get the Compensation You Deserve

The primary goal of hiring a personal injury attorney like Jeanne Andry Landry is to secure the compensation you deserve for your injuries and losses. With her knowledge, she can fight for your rights, strategize for your future, and help you receive the maximum compensation possible. Whether through negotiating a fair settlement, or taking your case to trial, she'll work tirelessly to help you cover medical expenses, lost wages, pain, and suffering, and other damages.

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC assists clients across New Orleans, Metairie, Mandeville, Slidell, and Chalmette, Louisiana.

Personal Injury FAQs

Thu, 02 Nov 2023 14:29:08 GMT

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC Nov. 2, 2023

After an accident resulting in an injury, you probably have many questions and concerns. You are likely to feel confused, overwhelmed, and unsure where to turn for help.

As a personal injury attorney in New Orleans, Louisiana, Jeanne Andry Landry can explain what steps you can take to protect your health and your right to fair compensation. She knows what questions typically come up after a person gets injured because of someone else’s negligence and is ready to serve injured victims throughout the greater New Orleans area and surrounding communities, including Chalmette, Metairie, Slidell, and Mandeville. Set up a consultation today.

Frequently Asked Questions About Personal Injuries

It is perfectly normal to have concerns after any kind of injury. An injury is always a sudden and unforeseen event—especially if it occurred through no fault of your own. The section below will address some of the most frequently asked questions asked by injured victims when consulting with an attorney.

Will my case go to court?

Not necessarily. If the negligent party’s insurance company is acting reasonably and offers a fair settlement, you could accept the offer. By accepting the settlement offer, you waive the right to take your case to court. Since accepting a settlement offer is such an impactful decision to make, it’s important to consult with a personal injury attorney to decide whether you should accept the offer, negotiate a higher amount, or take your case to court.

How long do I have to file a claim?

Injured victims must abide by the statute of limitations when filing a claim for compensation. In Louisiana, the statute of limitations is only one year from the date of the injury. However, there are a few exceptions that might alter the time limit. Given the short timeframe, it would be in your best interests to start working with an experienced attorney as soon as possible.

What happens if I’m partially responsible for my injury?

Louisiana law recognizes the concept known as “comparative negligence.” Under this rule, injured victims can pursue financial compensation even if they are partially at fault for their injury. In Louisiana, the plaintiff (the injured party) can recover damages even if their own negligence makes them 99% at fault for the injury. However, the total damages the plaintiff would be able to recover would be reduced by the percentage of their fault.

How much is my case worth?

The value of a personal injury case depends on a multitude of factors, including whether or not the victim was partially at fault, the severity of the injuries, the impact of the injury on the victim’s life and ability to work, and many others. Injured victims often do not understand how much their case is worth, which is why many of them end up settling for less than they deserve. A skilled lawyer can provide an estimate of what you could expect in your personal injury case and will fight on your behalf to get the full amount to which you are entitled.

How long would it take to resolve my personal injury case?

The question “How much is my case worth?” is often followed by this question. People want to know how long it will take to resolve the matter and get back to their normal lives. Unfortunately, there is no definitive answer to this question, as everyone’s situation is unique. While some cases can be resolved in just a few months, others may take more than a year or even several years. The timeline of your case depends on the complexity of the situation.

Do I need an attorney?

While there is technically no requirement to hire an attorney when pursuing a personal injury claim, getting legal representation is highly advised. Without an attorney, you may not have a complete understanding of personal injury law and the procedural requirements involved when seeking compensation. A personal injury attorney can help you navigate the entire process from start to finish, allowing you to focus on your medical treatment and recovery. Your attorney will ensure that you are treated fairly during the claims process and prevent the insurance company from taking advantage of you.

When should I contact an attorney?

If you have made up your mind about hiring an attorney, you should retain legal counsel as early in the process as possible. As mentioned earlier, you have a limited amount of time to pursue your legal claim under Louisiana law. Your attorney will help you gather and preserve the necessary evidence to support your claim, communicate with the insurance company on your behalf, and ensure that your paperwork is in order. Your attorney may also advise you to file a lawsuit if the insurer refuses to settle for a fair amount.

Seek Trusted Legal Guidance Today

With 30-plus years practicing personal injury law in Louisiana, Jeanne Andry Landry knows the devastating effects of injuries. As a compassionate and detail-oriented attorney, she provides knowledgeable representation to injured victims in New Orleans and surrounding communities. Get your questions answered today by setting up a free consultation with Jeanne Andry Landry.