Baton Rouge Personal Injury Attorneys

Skilled Negotiation and Trial Representation for Injury Victims

No one ever expects to be injured in an accident caused by another person’s carelessness. Yet, here in Baton Rouge, personal injury accidents occur every day. Whether you have suffered injuries in a motor vehicle accident or on the job, you may be entitled to recover compensation for medical bills, lost wages, and pain and suffering. Unfortunately, insurance companies often try to blame victims to undervalue or deny claims.

The most effective way to deal with the insurance company is to hire an experienced injury attorney who fights to negotiate a fair settlement on your behalf. If you or a loved one has been injured, our Baton Rouge personal injury attorneys are ready to assist you.

Contact our Baton Rouge, LA law office today to schedule a free initial consultation so we may professionally assess your case and determine what legal options best suit your needs.

What are the Benefits of Hiring an Experienced Personal Injury Attorney?

Many accident victims struggle to know where to start with filing a claim after being injured. The most effective way to handle a Louisiana personal injury case is to hire an experienced attorney.

Manages All Communication with the Insurer

One of the most crucial advantages of hiring an injury attorney is that they can handle all communication with the insurance company. After being injured, you need to focus on your recovery and not worry about the insurer trying to pressure you into a quick settlement. Your attorney will accurately value your claim to help you obtain maximum compensation for damages.

Handles all Legal Paperwork

One of the most common reasons that claims are rejected or delayed often comes down to paperwork being filled out incorrectly. Baton Rouge personal injury attorneys and their legal teams ensure that all paperwork is completed correctly and submitted to meet strict deadlines.

Reduces Stress

After you have been injured in an accident, your priority should be to rest and focus on your recovery. Hiring an attorney helps to reduce stress and gives you a greater chance of recovering compensation than if you tried to handle the matter on your own. Personal injury lawyers have the financial resources to gather crucial evidence, such as police and medical records and witness testimony, that will build a robust case.

What Kind of Personal Injury Cases Does Your Law Firm Handle for Clients?

Big River Trial Attorneys are proud to help clients who need help with personal injury cases. No matter if you need help filing a claim after a car crash, dealing with the trucking company and their insurance provider, or workers’ compensation, our Baton Rouge personal injury lawyers are ready to assist you.

Some of the most common cases we handle for clients include:

If you have been injured in an accident, you need an attorney who understands how to navigate the complexities involved with Louisiana’s personal injury law. Allow our skilled Baton Rouge personal injury attorneys to advocate for your rights relentlessly.

What is the Deadline to File a Personal Injury Case?

The Louisiana statute of limitations was recently updated, so any individuals injured on July 1, 2024, now have up to two years to file personal injury claims. Even so, for any accidents that occurred before July 1, 2024, the previous one-year deadline still applies.

Promptly filing your claim is essential, as if you miss the filing deadline, the court will most likely refuse to hear your case. Once your case is dismissed, you will permanently lose your right to try to recover compensation. Without the threat of a lawsuit, the insurance provider no longer feels legally compelled to offer compensation.

Exceptions to the Statute of Limitations

Even though Louisiana imposes strict deadlines for filing claims, there are specific exceptions that allow the “clock” to be paused. This pause, also called tolling, can occur when:

Minors: The case involves a minor, in which the clock does not begin until they turn 18.
Medical Malpractice: If the case involves medical malpractice, the law still imposes the one-year deadline from the date the injury was discovered, with a three-year cap from the date the act occurred.
Fraud or Concealment: The at-fault party tried to prevent the injury victim from filing a claim through fraud or concealment.
The Discovery Rule: If the injury was not readily apparent, the clock may start on the date that the injury was discovered or should reasonably have been discovered.

What If I Was Partially at Fault for the Accident?

Louisiana follows a modified comparative fault doctrine, meaning that you can still recover compensation even if you are partially at fault. Under the law, you are eligible to seek damages as long as you are 50% or less at fault. Any compensation you receive will be reduced by the percentage of fault assigned to you.

For example, if you are awarded $200,000 and are found to be 20% at fault for the accident, you will take home $160,000. The insurance adjuster, judge, or jury that hears the case will determine the percentage of fault that each party should be assigned. Evidence that will be evaluated includes police and accident reports, witness statements, photos, and videos.

Insurance companies often try to use state law to their advantage by blaming accident victims for their injuries and increasing the percentage of fault to deny or minimize claims. Having a lawyer on your side is the most effective way to protect yourself from the insurance provider’s tactics by challenging their allegations and working to maximize your recovery.

What Types of Damages Can I Recover in a Personal Injury Claim?

The most frequent question our clients ask is what kinds of damages they can recover in a personal injury claim. Although no two cases are alike, many injured victims can seek economic and non-economic damages.

Economic Damages

Economic damages are awarded to reimburse accident victims for out-of-pocket expenses incurred due to injury. Commonly awarded damages include:

Past and future medical bills
Lost wages
Loss of earning potential
Property damage

Non-Economic Damages

The goal with any personal injury claim is to recover just compensation. Unlike other damages, non-economic damages do not have a set financial value and are based on the victim’s intangible losses. Some of the most commonly awarded non-economic damages include:

Pain and suffering
Loss of enjoyment of life
Emotional distress
Permanent disfigurement and scarring

In rare cases, injured victims may be eligible to seek punitive damages if the defendant engaged in extreme or reckless conduct. In personal injury cases, this precedent usually applies to auto accidents caused by drunk driving. Unlike compensatory damages, which reimburse victims, punitive damages are awarded to punish the wrongdoer and to deter others from repeating the same behavior.

Who Can File a Wrongful Death Lawsuit in Louisiana?

In Louisiana, strict rules govern the priority order of surviving family members eligible to file a wrongful death lawsuit. Under the law, those who are given priority to file include a surviving spouse and children. Children who were legally adopted by the decedent are also granted the same rights as biological children to file a claim.

If the decedent had no surviving spouse or children, the decedent’s parents are next in line to file a claim, followed by siblings and grandparents. Generally, under the state’s statute of limitations, eligible family members have one year from the date of death to file a wrongful death claim, or when the cause of death should have reasonably been discovered.

Filing a wrongful death lawsuit allows eligible family members to seek compensation for their loved one’s funeral and burial expenses, lost income, and loss of love and affection. The lawsuit can also seek to recover compensation for medical bills the decedent incurred due to their fatal injury.

Why Should I Allow A Personal Injury Attorney to Deal With the Insurance Company?

If you have suffered an injury caused by another person’s carelessness, you may have already been contacted by the insurance company. Insurance companies often try to offer accident victims fast settlements so they can pay less than the claims are worth. Although accepting a settlement offer may seem appealing, it is rarely in your best interests.

In other instances, the insurance adjuster may ask you to agree to make a recorded statement providing details of how the accident occurred. Although the adjuster may be friendly and seem sympathetic to your case, their job is to save their company money. Because the insurance provider has the legal right to use your statement against you, it is best to allow your injury attorney to handle all communications with the insurer. Having an attorney represent you can protect you from inadvertently making statements that could jeopardize your case.

Many claimants are initially unaware that most personal injury cases are settled out of court through negotiations between injury attorneys and insurance companies. Your legal representative will work diligently to determine what your claim is worth so you can resume your life.

Contact Big River Trial Attorneys Today to Get Started on Your Personal Injury Case

Recovering from a serious back injury or the sudden loss of a family member feels overwhelming. Our Baton Rouge injury lawyers provide the steady support you need during these difficult times. We prioritize your recovery and ensure you receive the proper medical attention required to heal.

Our team manages your entire case from start to finish so you can focus on your health. We investigate every detail of your car wreck or other accident to build a strong foundation for your claim. You can trust us to pursue full compensation for your medical bills, lost wages, and emotional distress.

Finding reliable legal help is the first step toward reclaiming your peace of mind. We offer clear answers and compassionate guidance to help you move forward with confidence. Big River Trial Attorneys is a Baton Rouge, LA law firm dedicated to helping clients navigate the legal process involved with personal injury claims.

If you or a loved one has been injured, contact our law firm today at 225-437-2733 to schedule a free consultation so we can professionally assess your case and determine your legal options.