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Personal Injury FAQs

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.