Question 1

Do I Even Have a Case?

Accepted Answer

If you experienced injuries because of someone else’s negligence, you are justified in following through with a case to collect compensation. An insurance company will often delay, deny, and defend claims for no justifiable reason. They will also try to blame the crash on you or the incident on someone other than their insured. They will often argue that your injuries were not caused by the incident. Thus, it is important to consult with a personal injury attorney in Baton Rouge to explore your options and find the best route for your case.

Question 2

What Is My Case Worth?

Accepted Answer

To determine 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 degree of pain, suffering and discomfort the client endured while undergoing medical care.
Did the client require surgery for his or her injuries?
Will the client need medical care in the future and if so, what type of care.
What are the total costs of any past medical treatment and any medical treatment in the future?
Will the client have any permanent pain, suffering and discomfort resulting from his or her injuries?
How did the injuries affect the client’s quality of life during treatment?
Will the injuries affect the client’s quality of life in the future and how?
Was the client physically impaired or disabled while undergoing treatment and will he or she be impaired or disabled in the future?
Did the client lose any income from work while undergoing treatment and if so, how much?
Will he client be able to return to his or her previous job and if not, what type of work if any can the client now perform?
Does the client have any scarring or disfigurement resulting from the injuries or surgical treatment?
Has the client had similar symptoms of injury or any pre-existing conditions in the same areas where he or she is now experiencing pain, suffering, or discomfort?

As always, if you have any symptoms of pain or discomfort following an accident no matter how minor it may seem you should see a doctor immediately for an evaluation since those symptoms can and many times will progress over time.  This not only allows you to be diagnosed early and start treatment so you can heal more quickly, but it also allows you to get medical documentation that you were injured from the accident.

Question 3

Will I Have to Go to Trial?

Accepted Answer

The vast majority of personal injury cases are settled before trial. However, sometimes settling out of court is not an option. A few reasons for this may be:
The defendant does not offer a settlement
The defendant only offers an unreasonable settlement
Liability or damages are disputed
It is always best to hire a lawyer who has a reputation of trying cases. The insurance company knows which lawyers try cases and which lawyers are willing to settle for less.

Question 4

What questions will be asked in a deposition?

Accepted Answer

A deposition is  question and answer session between you and the defense attorney. Your lawyer will also be present, as well as a court reporter to document everything that is said. We spend a considerable amount of time preparing our clients for their deposition.  We will discuss all of the various topics we believe the defense attorney will ask you about during the deposition. The reason for this is so that you are fully prepared to provide clear and honest responses to each question.
Depending on the facts of your case, it is likely that the defense attorney will ask about the following topics during your deposition:
General background information, such as education, work history, family history, etc. 
Your health condition before and after the incident
Details of the incident
The medical treatment you received for the injuries you sustained in the incident
How the incident has impacted your life

Question 5

How long will a lawsuit take?

Accepted Answer

Depending on the facts and circumstances surrounding the incident and injury, a lawsuit may not need to be filed. There is always the chance that your claim can be resolved without the need to file a lawsuit. Nevertheless, if the insurance company disputes one or more aspect of your claim, you may be required to file a lawsuit to expedite the resolution. 
Nevertheless, many insurance companies regularly delay, deny, and defend valid claims for no justifiable reason. By hiring an aggressive lawyer, he or she can combat these delay tactics and expedite the process significantly. Once a lawsuit is filed, it is common for the lawyer hired by the insurance company to defend the case to delay the matter. Insurance defense lawyer are typically paid by the hour, which provides them with an incentive to drag out the case longer than it needs to be. 
On the contrary, some cases involve factual or legal issues that are in dispute between the parties. When there are factual or legal issues in dispute, it can take time to resolve them. Moreover, if the compensation at stake involves a large sum of money, the insurance company may require proof from experts and other witnesses to justify the amount being paid, which can take time to develop. 
Lastly, some additional factors that may impact the length of time it takes for your lawsuit to resolve, include: the venue the case is pending, your physical recovery and the extent of the medical treatment you are undergoing, the amount of discovery that needs to be performed, the number of expert witnesses involved, among other things.  
On average, a typical personal injury case resolves within 1 to 3 years of filing the lawsuit.

Question 6

How long do I have to file a claim?

Accepted Answer

Recently, the Louisiana legislature extended the time period to file personal injury lawsuits from one year to two years for claims arising after July 2024. You now have two years from the date of the injury to file a lawsuit. 
In some cases, that period can be shorter or longer depending on the facts and circumstances involved. It is important to hire a lawyer soon after an injury to make sure that all of your rights are properly preserved.

Question 7

Should I accept the insurance company’s settlement?

Accepted Answer

An insurance company is a business. Their main goal is to minimize payouts so they can maximize their profits, which does not leave your best interests in mind. Accepting a settlement from an insurance company will get the ordeal over with pretty quickly. However, the settlement will be incredibly low as compared to what you rightfully deserve. It can be worth it to work with an attorney to get the compensation you deserve so you are not drastically underpaid. It may take longer, but the payout will be worth the process.

Question 8

Do I really need a lawyer?

Accepted Answer

As we stated above, insurance companies are not concerned with giving you the compensation you deserve. Filing a claim without an attorney or accepting the first offer will drastically diminish your chances of receiving a fair settlement.
The legal process is incredibly complicated and can be overwhelming for those who do not deal with it on a daily basis. While some claims are small enough to be handled without counsel, the majority of them should involve an experienced attorney to make sure you receive full and fair compensation.
At Bateman Law Firm, we offer free consultation. This means you have nothing to lose by speaking with an attorney and deciding what is the best approach for you.

Question 9

What should I bring with me for my first meeting with a lawyer?

Accepted Answer

You will want to bring any and all documents that are relevant to the incident or injuries you sustained. This will include:
Medical records
Incident reports
Health insurance card
Vehicle insurance card
Documents showing any out of pocket expenses 
A list of the names and telephone numbers of any witnesses
A copy of any police reports

Question 10

What should I expect during the first meeting with a personal injury lawyer?

Accepted Answer

Our lawyers want to get to know you. We will want to get a general understanding of what happened and the injuries you sustained. It is important to explain everything in as much detail as possible. We will likely ask you to go over each detail of how you were injured and the circumstances that led to the incident. We will also want to know of any medical treatment you received, the extent of your injuries, and any health needs you will require in the future. The lawyer will need to understand your medical and employment history as well as any lost wages that resulted from your injuries.
After there is a general grasp of your situation,we will explain the laws applicable to your claim and what we can do to help you navigate the claim. We will also go over the details how we are paid for our services

Question 11

How much will a lawyer cost?

Accepted Answer

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.

FAQ

Frequently asked questions

Do I Even Have a Case?

What Is My Case Worth?

Will I Have to Go to Trial?

What questions will be asked in a deposition?

How long will a lawsuit take?

How long do I have to file a claim?

Should I accept the insurance company’s settlement?

Do I really need a lawyer?

What should I bring with me for my first meeting with a lawyer?

What should I expect during the first meeting with a personal injury lawyer?

How much will a lawyer cost?

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