It happens to the best of us. You find yourself involved in some type of personal injury claim through no fault of your own. It’s unfamiliar territory to most of us, and it should be. Even in the grand city of New Orleans personal injury claims can take up a lot of time and energy. But worst of all is the feeling of dread because you aren’t sure what to expect. You will need a good New Orleans personal injury attorney since they will have expertise to get you through this and have the best chance of getting you a good settlement. Here are a few basics everyone should get acquainted with if they find themselves facing a personal injury claim in New Orleans or anywhere for that matter.
Are There Filing Limits?
Of course, this depends on the type of personal injury claim you have and where you are filing it. Different states have different limitations. If, for instance, you were to file a claim here in Louisiana for an auto accident, you would have up to one full year to file. If you have concerns about whether you have sufficient time, it is always best to talk first to a personal injury lawyer about it.
Finding Fault – Whose and How Much?
The other big question is often how the individual state defines fault in the case of an accident. No accident is 100% one party’s fault. In Louisiana there is a sliding scale of fault called comparative fault legislation. This means that an individual’s claim is negotiated according to how much of the accident was their fault. One way to consider this is if you were in an accident with a total liability of $20,000 but were found to be only 10% at fault, then your claim for damages would be $18,000. This is why fault can be such a big question in New Orleans personal injury claims.
Is There a Cap on Damages?
Not all cases are the same and for many types of personal injury claims the state of Louisiana will put a cap on the amount of damages that can be claimed. It will vary with the type of claim and other circumstances, so be sure to bring this up early in your conversation with any New Orleans personal injury claims specialist. A prime example is the $500,000 cap Louisiana has on medical malpractice cases. When in doubt, ask.
Here in New Orleans personal injury claims can be complicated. Don’t make the mistake of representing yourself when it comes to getting justice for your personal injury claim. We have spent years in research, presenting cases and understanding the implementation of the law. Contact David D. Kervin Law Offices today to get your free consultation.