A personal injury claim is filed when you have been injured as the result of someone else’s negligence. This can include injuries sustained in an auto accident, or permanent damage caused by the side effects of a medication. If this has happened to you, and you live in Louisiana, you should immediately consult with a Louisiana personal injury attorney who can inform you of your legal options.
After you and your personal injury lawyer have determined that you have a valid claim, your Louisiana personal injury attorney can help you file the initial paperwork to begin your claim. From there, once the claim has been filed and accepted by a court, the personal injury case may go through several stages. It is helpful for you to be familiar with these stages so you know what to expect from the process.
Stages of a Personal Injury Case
The stages of a personal injury cases will vary by each claim. Depending on the specifics of your case and the court proceedings, some of these steps may not occur. On the other hand, your Louisiana personal injury attorney may find it necessary to proceed through all of them and will explain each step as it becomes relevant to your case.
- Filing the necessary documentation to get the case started. This will officially begin the proceedings for your personal injury claim.
- Fact-Finding and Discovery. This is when your personal injury attorney takes your deposition, and obtains all the reports and documents pertaining to your case. This may also include talking to witnesses who were present at the time of your accident and speaking with experts that can provide evidence or testimony to help support your claim.
- Filing of Motions: In this phase, your attorney as well as the opposing side’s attorney will file various documents stating why certain evidence, statements and facts should or should not be presented or allowed during your personal injury case. The judge then decides whether or not to uphold the motions.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded J. Price McNamara ERISA Insurance Claim Attorney, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts