Hudson, Potts & Bernstein has attorneys with decades of experience defending and prosecuting worker’s compensation claims. This unique vantage of understanding both sides of the case, as well as the experience of handling thousands of worker’s compensation claims, makes HPB especially qualified to represent both employers and employees in workers’ compensation matters.
Accidents happen, but when an accident results in harm or injury to a person or property, that person may file a personal injury claim against the party that is legally responsible for causing the harm.
A personal injury case is a civil legal dispute and is often filed when one person has harmed or injured another person or someone’s property, yet it did not occur during the commission of a crime. The intended outcome is for the victim to receive compensation for medical bills, lost wages from lost time off work, property damage, ongoing medical expenses, and pain and suffering.
A personal injury claim can be filed for any number of incidents that cause injury, harm, or death to a person. This can include:
There are a couple of methods that are used in Louisiana courts for calculating pain and suffering:
Multiplier Method – Your attorney will calculate all of your financial losses that are a result of your injury. They will then multiply that total amount by a specific rate. This will give you a total amount for the pain and suffering settlement that you are seeking.
Daily Rate Method – Your attorney will work with you to determine your daily cost of living. This amount is then multiplied by the number of days that you have had to live with your pain and suffering – typically that would be since the date of the incident that caused the injury.
In Louisiana, the statute of limitations for most personal injury cases is 365 days or one year from the date of the accident or incident that caused your injury.
Louisiana is one of only a handful of states with a statute of limitations for personal injury that is this short.
Medical malpractice is an exception. The victim of medical malpractice does not always notice the problem right away, or the problem is not always obvious. This can mean that the victim isn’t aware of the problem until much later. Because of this, the statute of limitations is extended to three years after the malpractice occurred, but they must still file the claim within a year of discovering the malpractice.
Victims who are younger than 18 years old who were harmed by a dangerous or defective product are also an exception. In those cases, minors and their parents are not subject to the statute of limitations for filing a personal injury claim to seek compensation for their injuries.
It is not wise to rush a personal injury case.
The time that it takes to settle a personal injury claim will vary from case to case. Many different factors affect the outcome, such as the defendant denies that he or she is liable, the responsible party is not definitively known, the extent of the victim’s injury, and the victim’s needs regarding medical care like specialists, equipment, and specialized treatments.
In some cases, it can take just a few weeks to settle a claim and others can take years. Many personal injury cases are settled in a year, sometimes less. But there are those cases that stretch out beyond a year. It depends on the case.
If you have been injured in an accident don’t wait to see what happens. Call Hudson, Potts & Bernstein and get the representation you are entitled to so you can get the compensation that you deserve.
We handle personal injury in Monroe, Louisiana and we will fight for you. Call today, you can’t afford to wait.
Schedule a consultation with one of our experienced attorneys by calling 318-388-4400.