Louisiana Personal Injury Litigation

There are many common misconceptions, urban legends, and horror stories regarding auto accident litigation, lawsuits, and driver liability. If you have been involved in an auto accident in Louisiana, it is important to look past these myths and understand the realities behind Louisiana personal injury litigation.

What is involved in a Louisiana injury lawsuit?

Any personal injury claim, by definition, revolves around an injured party seeking compensation and damages from the individual or legal entity believed to be at fault for the injuries. Such claims can be initiated on one of three types of legal grounds:

• Negligence—the defendant is believed to have caused the injury by failing to prevent it
• Intentional wrong—the plaintiff accuses the defendant of causing the injury intentionally
• Strict liability—a defective product is involved, can be applied as long as the product (e.g., faulty brakes) caused the injury and was being used as intended at the time of the injury

Length of a Baton Rouge auto accident lawsuit

Many mistakenly believe that automobile accident litigation is necessarily long and drawn out. While some personal injury lawsuits enter litigation, many are settled out of court. In fact, most of these cases resolve successfully without ever entering a courtroom.

Do you have to settle before receiving medical treatment?

Louisiana law states you are entitled to medical treatment. You need not wait to receive treatment for injuries if you plan to file a Louisiana injury lawsuit regarding the incident. However, be sure to retain all medical records, payment receipts, prescriptions, and documentation for use as evidence in any litigation related to the incident.

A personal injury lawsuit guarantees damages

Many believe they are entitled to damages, or other forms of monetary compensation, if they have been injured in a car accident. This is not always the case. Because each and every case of personal injury litigation in Baton Rouge is unique, you should always consult an attorney in order to understand your potential for a lawsuit and its likely outcome.

Contact our attorneys for more information

There are far too many misconceptions regarding personal injury and auto accident law to list all of them on this page. If you have been involved in a auto accident, the law firm of Marks and Lear, PLC can help you separate fact from fiction. Contact us online today or call 225-383-5678.