Frequently Asked Questions

Q. What are personal injury cases?

A. Personal injury cases are those cases where some type of personal injury resulted from the negligence of another person or company. These might involve a car wreck, airplane accident, train wreck, trucking wreck, slip and fall, defective product case, medical negligence, wrongful death case, or other situations where someone's negligence resulted in physical injury. Sometimes a personal injury case can be based on intentional conduct (such as an assault and battery).

Q. How long do I have to sue if I am injured as a result of someone's carelessness or negligence?

A. In Louisiana, the statute of limitations for negligence and/or intentional misconduct may be as short as one year. There are exceptions to the statute of limitations, and there may be claims based on laws or a legal concept other than negligence, an attorney should be consulted as quickly as possible to make sure that you do not lose valuable rights.

Q. How quickly should I contact an attorney?

A. To be safe, you should talk to an attorney as soon as possible, especially if the injuries are severe or a death has resulted. All too often valuable evidence disappears, witnesses move, memories grow dim and the practical ability to prove your case may diminish. If you are still being treated by a physician, an attorney can also provide you with guidance concerning your medical care and help you deal with unpaid bills and getting needed treatment.

Q. What will it cost me to hire an attorney?

A. Personal injury cases normally involve a contingency fee agreement although retainer fees at an hourly rate are also available. The client agrees to pay a specified percent of the recovery (which sometimes varies depending on whether a lawsuit settles early or the matter goes to trial or is appealed). If there is no recovery there is no fee, and the attorney normally absorbs any expenses which have been advanced on the case.

Q. What type of damages are generally available in personal injury cases?

A. Damages for the nature and extent of the injury (and whether it was temporary or permanent) medical expenses past and future, pain and suffering past and future, mental and emotional anguish past and future, scarring and disfigurement, lodging and transportation, loss of companionship for an injured spouse, nursing care, rehabilitation and other similar expenses may be available to you.

Q. Can I make a claim for punitive damages?

A. Punitive damages are generally only available in instances of intentional misconduct or instances of extreme recklessness or "gross" negligence. Most cases of negligence are not obviously reckless or gross enough to qualify for punitive damages, but if the court makes punitive damages available to be awarded by the jury, they may award punitive damages to punish the wrongdoer and provide an example to discourage others from similar conduct. The financial worth of the defendant may also be considered by the jury. An example of punitive damages might be to punish a trucking company for knowingly allowing an alcoholic to operate an eighteen wheeler, or to punish a physician for operating on a patient while under the influence of drugs, or to punish a drug company for placing profits above safety in warning physicians about its product. Some states have limitations on the rights of a jury to award punitive damages.

Q. What if the negligence caused someone's death?

A. Cases which result in death are commonly referred to as "Wrongful Death" cases. The claim can still be pursued, but normally a special administrator must be appointed (frequently a family member) to pursue a claim on behalf of the estate and the family members known as wrongful death beneficiaries. The law of the state where the case is filed generally specifies the relationship that would entitle a person to make a claim for damages. The wrongful death beneficiaries may be entitled to compensation for any economic loss they suffered as a result of the death (which can be significant if the claimant is the spouse or minor child of a wage earner who dies) and may also be entitled to claim damages for the mental anguish suffered as a result of the death of a loved one.

Q. What is my case worth?

A. The value of any case involves many factors. Some of these include the amount of medical expense, wage loss, damages that may occur in the future, scarring and disfigurement, evidence as to the degree of fault, where the accident took place, existence of mad factors (actions by the defendant that are so outrageous that it makes the jury angry) or the likelihood of punitive damages, the amount of insurance coverage, and where the case is filed. The value of the case is not based on the amount sued for, as an attorney can take a million-dollar case and ask for one dollar or take a case worth a dollar and sue for a million. Case values are established by agreement when there is a settlement (as all parties must agree for there to be a settlement). If there is no agreed settlement, the case value is established by the trier of fact (generally a jury but sometimes a judge or an arbitrator). What insurance companies and juries look at for value is based on facts and not how much money was requested.

Q. Is it always necessary to file a lawsuit?

A. Most cases actually settle without the necessity of filing a lawsuit. Filing a lawsuit may be necessary if fault is disputed, if formal investigation of documents and the taking of depositions (taking sworn statements from a witness or other involved party) needs to be done to properly evaluate the case, and for other strategic reasons.

Q. Are there alternatives to going to court?

A. Alternate dispute resolution (ADR) is a growing area of the law. Is it generally voluntary but can be court ordered. There are two types of ADR. One is mediation, which is a settlement conference conducted by a trained mediator. Any settlement negotiated in mediation must be agreed to by all sides. Arbitration is another form of ADR. In this instance the parties agree upon an arbitrator (normally an attorney and frequently a former judge) who will serve as the judge and jury and decide issues of fault and award damages. The findings of the arbitrator are normally binding on all parties. It is not unusual for the parties to have pre-agreed "high-low" values which are not disclosed to the arbitrator. If the arbitrator's award was below the agreed upon low amount, the award would be increased to the pre-agreed “low” value. If the arbitrator's award was above the agreed upon high value, it would be reduced to the pre-agreed “high” value.

Q. How long does it take for a case to go to trial once it has been filed?

A. When someone files a lawsuit they get in line with everyone else who has a lawsuit pending. Normally the courts try to schedule the oldest cases first, but any scheduling has to take into account the trial schedules of all of the attorneys who are involved. Also some judges travel to different courthouses and only hold trials during certain times of the year, rotating the same courtroom among other judges. Criminal cases normally have priority over civil cases and may result in a civil case being postponed or “continued” to a new trial date. The complexity of the case may also have an effect on how soon a trial date can be obtained. It is easier to schedule a one day trial than a trial which will last two or more weeks. Waiting for their day in court can be a very frustrating experience for a litigant, especially if the trial date is rescheduled several times. Since there are so many different variables, this is a question which really must be answered on a case by case basis by your attorney.

Q. Is technology important to my case?

A. Technology is more and more important in today's world. Lawyers now use case management software to track deadlines and to provide reminders, as well as document damages, witnesses, and valuable case data. Research available over the Internet and CD's replace the massive legal libraries that once were necessary. Interoffice e-mail and Internet e-mail allows for rapid and efficient communication-- often better then utilizing the telephone. Letter and documents may be e-mailed, edited, and returned, avoiding the delays of the mail and the inability to edit fax transmissions. Laptop computers can carry images of massive numbers of documents and depositions. During trial the laptop and digital projector can be used to present video depositions, exhibits and visual aides to assist the jury in understanding often complex and technical issues. Generally, the more complex the case and the more serious the damages, the more technology can be used to maximize the odds of winning and the amount of the verdict. You should ensure that the firm you hire has the necessary technology to present your case in the most effective way possible.

Q. What if I don’t have medical insurance and am concerned about paying my medical providers or I am concerned about getting treatment that I need?

A. Even if the insurance company for the party at fault agrees that their insured was responsible, the insurance company will almost never pay your bills unless and until you settle the case. In the meanwhile, the medical providers will look to you for payment and will turn you over to a collection agency if you do not pay. The fact that the treatment was the fault of someone else does not relieve you of primary responsibility for the bill. To assist you, your attorney may be able to provide a “A letter of protection" to the medical provider or the collection agency, getting them to stop collection efforts in return for an agreement to pay the bill out of any settlement or judgment. If you need additional treatment, an attorney may be able to assist you in finding a medical provider who will treat you in return for a letter of protection.

Q. What should I look for in a Personal Injury Lawyer?

A. You need a lawyer with experience in this particular area of the law. Just like doctors who concentrate on caring for certain types of medical conditions, there are lawyers who concentrate their practice in certain fields of the law. You can inquire as to whether the attorney and firm, in their practice, emphasize this area of the law, i.e. whether they mostly handle personal injury claims as opposed to other types of legal matters (such as business law, wills, estates, etc.). In addition, everyone deserves an attorney and staff who will be caring and responsive to their needs, someone who will go the extra mile for them.

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