Personal injury questions, answered
Straight answers to the questions people in Baton Rouge ask us most after an injury. If you don’t see yours, call us. The consultation is free.
Your case
Do I even have a case?
If you were injured because of someone else’s negligence, you may have a claim for compensation. An insurance company will often delay, deny and defend claims, try to blame the crash on you or someone other than its insured, or argue that your injuries were not caused by the incident. That is why it is important to talk with a Baton Rouge personal injury attorney about your options.
What is my case worth?
To understand the value of a client’s case, we consider several factors, including:
- The nature and extent of the injuries
- The type of medical care obtained, and for how long
- The pain, suffering and discomfort endured during treatment
- Whether surgery was required
- Whether future medical care will be needed, and what type
- The total cost of past and future medical treatment
- Any permanent pain, suffering or discomfort
- How the injuries affected quality of life during treatment, and will affect it in the future
- Any impairment or disability, during treatment or going forward
- Lost income during treatment
- Whether the client can return to their previous job, and if not, what work they can do
- Any scarring or disfigurement
- Any similar symptoms or pre-existing conditions in the same areas of the body
If you have any pain or discomfort after an accident, no matter how minor it seems, see a doctor right away. Symptoms often progress over time. Getting checked early helps you heal and documents that you were injured in the accident.
Do I really need a lawyer?
Insurance companies are not focused on paying you what you deserve. Filing a claim on your own or accepting the first offer can make it much harder to receive a fair settlement.
The legal process is complicated and can be overwhelming if you don’t deal with it every day. Some small claims can be handled without a lawyer, but most serious injury claims benefit from an experienced attorney. Our consultation is free, so you can talk with an attorney and decide what is right for you.
Should I accept the insurance company’s settlement?
An insurance company is a business, and its goal is to pay as little as possible. Accepting a quick settlement ends the process sooner, but early offers often leave out future medical care, lost earning potential, and pain and suffering. Before you accept anything, talk with an attorney about what your claim may be worth.
How long do I have to file a claim?
For injuries on or after July 1, 2024, Louisiana generally allows two years from the date of the injury to file a personal injury lawsuit (La. C.C. art. 3493.1). Injuries before that date fall under the former one-year period.
In some cases, the deadline can be shorter or longer depending on the facts and circumstances. It is important to talk with a lawyer soon after an injury so all of your rights are preserved.
TODO: attorney to confirm the "shorter or longer" sentence (verbatim from the old page).
The legal process
Will I have to go to trial?
Most personal injury cases settle before trial. Sometimes settling out of court is not an option, for example when:
- The defendant does not offer a settlement
- The defendant only offers an unreasonable settlement
- Liability or damages are disputed
Insurance companies pay attention to which lawyers are prepared to try cases. We prepare every case for trial so yours is ready if it needs to go that far.
How long will a lawsuit take?
Depending on the facts, a lawsuit may not be needed at all. Some claims are resolved without filing suit. If the insurance company disputes part of your claim, filing a lawsuit may be the way to move it toward resolution.
Many insurance companies delay valid claims, and once a suit is filed, defense lawyers who are paid by the hour may have little reason to move quickly. An attorney who keeps the case moving can help counter those delays.
Some cases involve disputed facts or legal issues that take time to resolve. When a large amount of compensation is at stake, the insurer may demand proof from experts and other witnesses, which also takes time. Other factors include where the case is pending, your recovery and ongoing treatment, the amount of discovery, and the number of expert witnesses.
In our experience, a typical personal injury case resolves within one to three years after a lawsuit is filed.
TODO: attorney to confirm the one-to-three-year estimate.
What questions will be asked in a deposition?
A deposition is a question-and-answer session between you and the defense attorney. Your lawyer will be there, along with a court reporter who records everything that is said. We spend considerable time preparing our clients for their depositions and go over the topics we expect the defense attorney to cover, so you are prepared to give clear and honest answers.
Depending on your case, the defense attorney will likely ask about:
- Your background, such as education, work history and family
- Your health before and after the incident
- The details of the incident
- The medical treatment you received
- How the incident has affected your life
Working with us
What should I bring to my first meeting with a lawyer?
Bring any documents related to the incident or your injuries, including:
- Medical records
- Incident reports and police reports
- Your health insurance card
- Your vehicle insurance card
- Records of any out-of-pocket expenses
- Names and phone numbers of any witnesses
What should I expect at my first meeting?
We want to get to know you. We will ask what happened and about your injuries, so explain everything in as much detail as you can. We will go over how you were hurt, the circumstances that led to the incident, the medical treatment you have received, and any care you will need in the future. We will also need to understand your medical and work history and any wages you have lost.
Once we understand your situation, we will explain the laws that apply to your claim, what we can do to help, and how we are paid for our services.
How much will a lawyer cost?
We handle all personal injury cases on a contingency fee basis. Under a contingency fee agreement, you are not required to come out of pocket for any fees or expenses associated with your injury claim. We agree to cover all case expenses during the course of the case. At the conclusion of the case, we are paid a percentage of the total amount of money paid by the defendants. If we don’t win, you won’t owe us anything.
Have a question we didn’t answer?
Call now to talk with an attorney who will listen, or send a message and we will get back to you. There is no cost to find out where you stand.
Call (225) 766-8484Bateman McDonald Law Firm
6700 Jefferson Hwy, Baton Rouge, LA 70806