Prosecuting Accident, Injury and Death Claims

How We Handle Accidental Injury and Death Cases

Just because you or a loved one, is injured in an accident doesn’t mean you are entitled to money damages. The Court system frowns on frivolous lawsuits and before we bring a claim for damages, we must be able to establish the defendant was legally at fault. This idea of fault underlies all of civil tort law and is captured in Article 2315 of the Louisiana Civil Code which reads: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.”

The links below outline our approach an accidental death or injury claim.

• 1. Investigate the claim

  • The key to successfully prosecuting an accidental injury or death claim is to investigate immediately.
    The first thing we need to do is meet with the injured person and their immediate family. In an accidental death case we will need to meet with the survivors as soon as they are able to recieve visitors. We will meet in our office, in your home or even the hospital if necessary. However, we recognize that some people are uncomfortable with a lawyer visiting them in the hospital and it is my practice not to contact a client in the hospital unless first requested or authorized.

    In most car and truck crashes we are aided by the investigation done at the scene by the police. However our investigation does not stop there. We may need to interview witnesses, take photographs of the accident site or preserve physical evidence. This might include recovering such items as the shoes a person was wearing when they slipped and fell; the clothes a child was wearing when they were struck by a car; or the medication bottle containing an incorrectly filled prescription which caused the patient to accidentally take a fatal or life threatening overdose.

    Our investigation will also seek to determine the availability and amount of insurance coverage to pay any claim.

• 2. Determine your damages

  • While we are investigating the case, determining who the responsible party is and gathering evidence to establish legal liability, we will also try to determine the extent of your damages. We will gather medical records and bills to verify the extent of your injuries and document medical treatment costs. We will obtain lost wage reports from employers and substantiate lost income. And, we will assist you with filing your health insurance claims as necessary.

    Damages fall in to several general categories: Special and General, Compensatory and Punitive.

    Special -

    Special damages are the kind of damages that can be calculated to a reasonable certainty. They include things like lost wages, doctor and hospital bills, rental car expenses and other economic expenses easily quantified.

    General –

    General damages are also referred to as intangible damages. This includes things like pain and suffering, mental and physical anguish in an injury case, and loss of reputation in a defamation case.

    Compensatory -

    The purpose of compensatory damages is to try to compensate the plaintiff for the losses caused by the unlawful acts of the defendant.

    Punitive -

    Punitive damages are awarded to the plaintiff, but are intended to punish the defendant and to deter future misconduct on the part of the defendant and others. Punitive damages are rare in Louisiana. They are available in most common law jurisdictions and usually are limited to special circumstances involving a high degree of intentional or reckless behavior by the defendant. Some federal statutes allow for punitive damages.

• 3. Prosecute the Claim

  • Once we have determined the extent of your damages, we will establish a settlement range in which we will attempt to amicably resolve your claim. You will always retain ultimate settlement authority. However, I want you to trust my judgement and be able count on me in deciding whether or not to accept a settlement offer or go to trial. That is why I like to sit down with my clients and involve them in the process of determining the settlement range.

• 4. Make demand

  • Once we have established a settlement range, I will initiate negotiations with the defendant or his insurer. This usually involves the presentation of a settlement package which includes a statement of the case against the defendant, an itemization of damages along with appropriate documentation and a demand for a specific sum to settle the claim without litigation. The elaborateness of the settlement brochure depends on the complexity of the claim and the facts of the case and damages sustained.

• 5. Settlement

  • Settlement negotiations vary from case to case. Often it depends on the negotiating style and experience of the insurance adjuster. Sometimes it will involve little more than a few phone calls or letters. Other times it will require a structured process involving a neutral mediator who works toward bringing both sides together. Only a small handful of cases ever make it to trial. Most cases settle. And most of those settle without ever having to file a lawsuit. The majority of those cases that do require the filing of a lawsuit settle long before trial. Settlement can occur at anytime even after a lawsuit has been filed, and even after the case has been tried and while the jury is deliberating.

• 6. File Civil lawsuit

  • If we are unable to obtain an amount in settlement that I believe is reasonable and satisfactory for the client, I will prosecute a civil lawsuit in city, state, or federal court as appropriate. My goal will be to prosecute the case fully and obtain the maximum reasonable compensation under the law for your injuries or loss. Obviously, not all cases can or will be won. However, in most cases vigorous prosecution of the claim will result in a favorable settlement for the client.

• 7. Disburse any recovery

  • If a recovery is obtained by way of settlement or satisfied judgement we will provide a full accounting upon disbursement. We will pay any outstanding medical bills and resolve any outstanding health insurance subrogation out of the settlement funds, and provide copies of checks to all healthcare providers.

    “Our goal is to help you bring closure to the matter by wrapping up all legal and financial aspects of the claim.”