The Basics of Personal Injury Law

July 30, 2018 | J. Price McNamara
The Basics of Personal Injury Law

It is important to understand the basics of personal injury law if you are considering filing a personal injury claim in New Orleans, Louisiana. Your best resource in a personal injury claim is your Louisiana personal injury attorney, but if you have been seriously injured in an accident, understanding your rights as an accident victim is imperative to seeking justice.

Personal Injury Claim vs. Property Damage Claim

If you or someone you love was injured, whether from an automobile accident, an on-the-job injury, or any other accident caused by someone else’s negligence in Louisiana, you may be able to file a personal injury claim. A personal injury claim can help you recover compensation for your medical bills, lost wages, and other accident-related expenses. If during an accident your vehicle or other personal property was seriously damaged, you may be able to file a property damage claim in order to recover the damages you need to repair that property. In Louisiana, insurance companies are required to settle your insurance claim within 30 days after you file a notice of "satisfactory proof of loss." Despite this requirement, insurance companies will typically try to delay your payment, offer you substantially less money than your claim is worth, or deny your claim all-together. Speaking with an experienced Louisiana personal injury attorney can help you negotiate with your insurance company or that of the other party to help get your claim settled successfully.

How Will I Know if I Need to File a Personal Injury Claim?

If you’ve experienced serious injuries or property damage as a result of your Louisiana accident, it may be time to talk to a Louisiana personal injury attorney. Some signs that it is time to contact an accident attorney include:
  • You did not cause the injury to yourself, and those who were responsible refuse to acknowledge their responsibility;
  • Insurance companies are denying your claims, or refusing to pay the full amount owed;
  • Additional medical problems have arisen that were a direct result of your original injury;
  • You have medical bills or property damage directly related to the accident.
If your injuries were sustained as a result of a car accident, a Louisiana car accident attorney can tell you what they will need in order to get things started. This can include accident and medical reports, bills and statements, and any correspondence between you and the responsible parties. If your situation is such that a property damage claim is warranted, you will also need to show paperwork and correspondence specific to the damage. You’ll also want to provide photographic or video evidence of the damage, proof of ownership, and any estimates or bills for repairs. A Louisiana personal injury attorney at J. Price McNamara ERISA Insurance Claim Attorney can look at the specifics of your case to determine if you have grounds for a Louisiana personal injury lawsuit and help you file your claim. Contact us to schedule your FREE legal consultation today – (866) 248-0580.
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J. Price McNamara


Losing my own brother, then my father and sister after long, disabling illnesses just a few months apart drove a career change for me. Before that experience, I never truly understood the place you’re in. I never understood the dramatic impact that receiving (or not receiving) the disability and life insurance benefits you paid for and counted on can have on your life especially when you need to focus on family and healing. What I experienced with my own family now drives the way I view my clients and my work, and I will never forget it!

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