Filing a personal injury claim can be stressful on your own. That’s why it’s recommended to work with a Lafayette personal injury lawyer. A skilled legal professional can help you breeze through the claims process and secure the compensation you are owed. But you may be wondering: how long does a personal injury lawsuit take to settle in Lafayette?
There’s no one answer to the question because it ultimately depends on the details of each unique case. That said, it can be helpful to understand the nature of personal injury claims, including the factors that influence the length of time it takes to settle them in Louisiana.
Every personal injury case is different, which can make it difficult to determine how long it takes to reach a settlement agreement. You must file a personal injury claim within two years of any incident that occurred on or before July 1, 2024. That time may begin from when you realized you were injured (within a reasonable time frame), if you did not become aware of it until later. Once you file, you go through the claims process until you reach a settlement agreement or judgment.
You can get a better idea of how long the claims process may take by looking at these three things:
The majority of personal injury claims are settled out of court. This involves entering negotiations with the at-fault party—or, more likely, their insurance provider—and communicating back and forth to reach a settlement agreement. Insurers want to save money, and you want to be compensated fairly. These two warring motives often lead to lengthy and frustrating negotiations.
In some cases, negotiations are unsuccessful, leaving the victim without any compensation for their losses. If you can’t reach a settlement agreement, you can take your case to court to be awarded a legal judgment to cover your losses. Litigation can often take even more time because you have to work on the court’s schedule and typically have to navigate multiple court appearances.
Whether you settle out of court or through litigation, you can count on working with a Lafayette personal injury lawyer to help expedite the process. A good personal injury lawyer has experience navigating all types of personal injury claims, so you can count on them to have the knowledge and resources to guide you through your case.
Accidents are the third-leading cause of death in Louisiana. They account for about 41 percent of total deaths in people aged 18 to 44 in the state. These incidents can come about from pure accidents or another party’s misconduct or negligence. Some of the most common causes of personal injury claims seen in Lafayette include:
Beyond the physical injuries victims sustain from these types of incidents, it’s also important to consider the mental toll they can take on people. Studies show that 20 to 30 percent of spinal cord injury victims suffer from mental health issues.
This can impact what damages you’re able to recover through your claim, so it’s critical to analyze the entirety of your situation to secure the maximum settlement amount. You may be able to recover non-economic damages for things like emotional distress, loss of enjoyment of life, and pain and suffering.
Your total settlement amount ultimately hinges on how fault is established and how badly you were injured. Since Louisiana is a comparative fault state, you can recover damages regardless of your percentage of fault. That said, you can expect that percentage of fault to be deducted from your settlement. A Lafayette personal injury lawyer can help you build a case to secure the maximum amount.
Settling a personal injury claim involves negotiating with the at-fault party—or more likely, their insurance provider. One of the biggest reasons claims are delayed is that their insurer is not being cooperative.
The good news is that there are steps you can take if an insurer isn’t willing to negotiate a fair settlement amount. You can file a claim with the 15th Judicial District Courthouse or the City Court of Lafayette.
If you’re eligible to recover damages through a personal injury claim, you can seek both economic and non-economic damages. Economic damages include direct financial impacts from the incident, like loss of income, medical bills, property damages, and any ongoing expenses related to your injuries. Non-economic damages include things like emotional distress and pain and suffering.
If you want to file a personal injury claim, it’s important to do so within two years of the incident or from the time you reasonably could have realized you were injured. If you wait too long to file a personal injury claim, the court is more likely to grant a defendant’s motion to dismiss the case. This deadline gives the victim enough time to file while also ensuring memories are still fresh enough to give viable testimony.
If you’re ready to begin the claims process, let a Lafayette personal injury lawyer from Blake Jones Law Firm, LLC, help. Our attorneys have over five decades of experience handling personal injury claims in Louisiana.
Our team can guide you through each step of the process so you can have peace of mind knowing you’re doing everything correctly and focus your energy on healing from your injuries. From evaluating your case to negotiating a settlement or representing you in court, we’ve got you covered.
Contact our office to set up an appointment and discuss your situation in more detail with a skilled attorney today.