The attorneys at Louis St. Martin APLC realized that time and again, accident victims asked the same basic questions when they considered whether they needed an attorney and whom to choose with from the many attorneys advertising on television, in the telephone book and on the internet. The attorneys at Louis St. Martin, APLC have prepared answers to some of the most frequently asked questions below concerning personal injury claims. |
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They offer the following for informational
purposes only and the information should not be taken to be legal advice.
The facts of each claim are unique and each case presents distinct legal
issues. The attorneys at Louis St. Martin APLC are always pleased to offer
a free initial consultation to discuss your difficulties, needs and concerns.
FREQUENTLY ASKED QUESTIONS:
Do I need
a lawyer?
Usually, if you have been involved in an accident, or suffer injuries
because of someone else’s fault or negligence, without a lawyer,
you will be forced to deal with an insurance company, or your company’s
claims representative. Businesses and insurance companies pay trained
and experienced people such as lawyers, adjusters and investigators whose
role it is to deny you the compensation you deserve or to pay you little
or nothing to settle your case.
Most of the time, a seriously injured person will benefit from hiring
an attorney to handle their claim. You should have someone with experience
in your corner. The lawyers at Louis St. Martin APLC will deal with the
insurance company, your doctors and your employer. They will take care
of your legal and other needs. This allows you to focus on your recovery
and getting your life back on track.
How much does it cost to hire Louis St. Martin APLC?
At Louis St. Martin APLC, there are no up front fees or costs. The lawyers
at Louis St. Martin APLC work on a contingency fee basis. Their fees are
deducted from your settlement or award. If they do not win your case,
they do not get paid; you owe them nothing.
Serious injury, illness or death can spell physical, emotional and financial
ruin for you and your family. Medical bills add up quickly and loss of
income can have disastrous consequences. The vast majority of accident
and injury victims cannot afford to pay an attorney by the hour. A contingency
fee arrangement allows you to get legal help that is essential at a time
when your needs are greatest. Louis St. Martin APLC may also be able to
arrange financial assistance to prevent you from losing everything for
which you have worked so hard.
Will I have
to go to court or will my case settle?
The majority of personal injury claims settle before trial. The experienced
trial attorneys at Louis St. Martin APLC will prepare your case thoroughly
and well and provide the responsible party with an opportunity to settle
your case for reasonable compensation. If a settlement amount is offered
that is not enough to compensate you fully for your injuries, your case
may have to be tried. The attorneys at Louis St. Martin APLC are highly
proficient at evaluating injury claims. They have helped hundreds of injured
people obtain fair compensation for their losses and injuries.
What should I do if I am injured in an accident?
If you are injured in an accident, one of the most important things you
can do is preserve any evidence of how and why the accident happened.
Get the names, addresses and phone numbers of any witnesses, and take
photographs. Remember, your cell phone may have a camera. As soon as possible,
write down what happened. You may also consider calling an attorney to
assist you preserving any evidence and for other crucial advice.
Seek medical treatment as soon as possible from a doctor of your choosing,
even if you think the pain from your injury will get better with time.
It very well may continue or get much worse than it seems. In most cases,
your family doctor can be as good a choice as any. No one can make you
see the company doctor or the insurance company’s doctor before
you see your own!
Make sure to tell your healthcare providers that your injuries were caused
by the accident. It is also vitally important that you tell any healthcare
provider you see if you have had similar complaints before, no matter
how long ago. Failure to disclose prior injuries frequently results in
a drastic reduction in the value of your claim and may result in you receiving
little or no compensation for your injuries.
What should
I do if I am injured at work?
When you have an accident at work, the company will start building it
case against you right away. So, it is important that you:
• Insist on filling out an accident report as soon as possible.
Do not let anyone talk you out of reporting your accident. Insist on being
given a copy of your accident report. If the company will not give you
a copy, make sure to write your own description of the accident as soon
as possible and include all the details you know such as where, when,
and how the accident happened and what led up to the accident. Make a
diagram of the accident scene and record the names and telephone numbers
of witnesses or other people near the scene of the accident. Your memory
of these details will not get better with time.
• If possible, take photographs of the accident scene or any tool
or object involved in the accident or ask a friend to do so. Use a cell
phone’s camera if nothing else is handy.
• Don’t let anyone talk you into saying that the accident
was your fault or that it was not the company’s fault.
• Don’t let your supervisor or coworkers talk you out of reporting
an accident or injury or out of seeing a doctor because your crew might
loose a safety bonus or award or because you are worried they may be upset
with you. Your health, your family and safeguarding your financial future
are your first priorities.
• You do not have to give a written or recorded statement to a claims
adjuster and you do not have to talk to an investigator who represents
the other side. Refusing to do so will not forfeit your right to job-related
injury benefits like workers compensation or maintenance and cure.
• If you cannot do your work because of an injury, do not file for
unemployment benefits to try to get some money coming in if your company
will not start your job-related injury benefits. It will likely hurt your
case.
If you have an accident and are injured at work, you owe it to yourself and your family to you learn about your legal rights. Seek the advice of an experienced personal injury attorney with expertise in handling work related injuries.
What compensation am I entitled to receive after being injured?
Many, many factors determine the amount of compensation to which you may
be entitled as a result of someone else’s fault or negligence. Your
attorney should review each factor, take into consideration the special
circumstances of your claim and insist on appropriate compensation from
the “guilty” party. You may be entitled to recover loss of
income for the past and projected into the future, past and future medical
expenses necessary to treat your injuries, damages for your physical and
emotional pain and suffering and your loss of enjoyment of life, as well
as damages for how your injuries have affected your “personal relationship”
with your spouse.
How long do I have to make a claim for personal injuries?
The amount of time you have to file suit generally depends on the law
applicable to your claim, the type of accident you were in and where it
happened. In the case of illness or disease, when it developed or was
diagnosed may be critically important in determining the time you have
to file suit.
In Louisiana, most but not all accident and injury claims must be brought
within one year. Determining how much time you have to file a suit requires
a case-by-case analysis and can present extremely difficult and complex
legal issues. You need the advice of a qualified attorney who will investigate
your claim and who will determine the appropriate amount of time you have
to file your lawsuit.
What happens if I wait too long to make file suit?
If you (or your attorney) do not file a lawsuit within the time allowed
by the law applicable to your claim, you will be forever barred from obtaining
compensation.
How
much is my case worth?
There is no formula for determining what your injury claim is worth. Each
claim and each circumstance is unique. Every accident and injury is different.
Some of the factors that may determine the value of your case are how
you were injured, the nature and extent of your injuries, your pain and
suffering, and the amount of your past and future lost wages and medical
expenses. No attorney can tell you what your case is worth unless he has
done a complete investigation. Without a thorough investigation, a meaningful
evaluation cannot be done. The attorneys at Louis St. Martin APLC have
many years of experience investigating, evaluating, trying and settling
a wide variety of personal injury cases.
Let
Louis St. Martin APLC help you!
If you
have been injured in an accident or have questions about who may be responsible
for the injuries you have suffered, you may not know where to turn or
what to do. No matter where you live or where your accident happened,
the law firm of Louis St. Martin APLC can help you get the compensation
you are owed.
Contact Louis St. Martin APLC today for a free consultation to make sure
that your rights are protected and that you get the compensation you deserve.
You are under no obligation and you can call toll free to 1-800-222-3984.
You can also e-mail Louis St. Martin APLC.