Shreveport Injury Lawyer > Blog > Personal Injury > Common Questions About Personal Injury Claims

Common Questions About Personal Injury Claims

After a serious traffic crash or another kind of incident that results in serious or fatal injuries, it is important to consider options for filing a claim. Although turning your focus to a legal claim can feel difficult while you are trying to recover from physical and psychological harm, it is essential to seek advice from a lawyer about a possible personal injury claim before your time window has closed. Our Shreveport personal injury lawyers know how complicated a personal injury claim can seem, and we know that you are likely to have a wide range of questions. The following are just some commonly asked questions and our responses. If you need assistance with your case, call a Shreveport personal injury attorney at our firm at 318-222-2772 today.

Does a Personal Injury Claim Mean an Insurance Claim or a Lawsuit?

The term “personal injury claim” can be confusing — does it mean an insurance claim or lawsuit? In short, it may depend on the person using the term and how it is being applied. After a person sustains an injury, they may be able to seek compensation by filing an insurance claim. This is often possible in the aftermath of a motor vehicle crash. In other types of injury cases, however, it may be necessary to file a personal injury lawsuit. This type of lawsuit is a civil lawsuit that allows an injured person to seek compensation in the form of damages for their losses.

Are There Different Kinds of Personal Injury Cases?

Personal injury cases can arise out of many different types of circumstances in which a person gets hurt: traffic wrecks, dog bites, environmental disasters, and more. Claims for any of these types of injuries can usually be brought under the umbrella of personal injury law.

How Much Should I Expect to Receive If I File a Claim?

The amount you can expect to receive if you file a personal injury lawsuit, or your damages, will depend on your particular losses. You can seek compensation for direct losses (such as your hospital bills and subsequent medical bills, and lost wages) as well as for subjective losses (such as pain and suffering.

Is a Personal Injury Claim the Same Thing as a Wrongful Death Claim?

Personal injury and wrongful death law are closely related but are distinct from one another. Personal injury lawsuits are typically filed by the person who got hurt. Wrongful death lawsuits are filed when a person suffers fatal injuries and cannot file a claim themselves. Louisiana wrongful death law allows certain family members of the deceased person to file a wrongful death claim, such as a surviving spouse, child, parent, sibling, or grandparent.

How Long Will I Have to File a Personal Injury Case?

Historically, the statute of limitations for personal injury claims in Louisiana has been one year from the date of the injury. However, as of July 1, 2024, the statute of limitations has officially been changed to two years. This means that injured victims now have two years from the date of their injury to file a claim. A Shreveport personal injury lawyer at Rice & Kendig can analyze the details of your case and help you determine if you still have time to take legal action.

Contact a Shreveport Personal Injury Lawyer Today

If you or someone in your family was injured recently in a motor vehicle collision or in any other type of incident arising out of negligence, you may be able to file a claim in order to seek damages to compensate you for losses and to hold the responsible party accountable for their careless behavior. Whether you need help getting started on a personal injury or wrongful death case, our experienced Shreveport personal injury attorneys at Rice & Kendig can speak with you today.

Sources:

casetext.com/statute/louisiana-revised-statutes/civil-code/book-iii-of-the-different-modes-of-acquiring-the-ownership-of-things/title-xxiv-prescription/chapter-4-liberative-prescription/section-1-a-two-year-prescription/section-349311-delictual-actions#:~:text=3493.11,-Download&text=Delictual%20actions%20are%20subject%20to,injury%20or%20damage%20is%20sustained.

casetext.com/statute/louisiana-revised-statutes/civil-code/book-iii-of-the-different-modes-of-acquiring-the-ownership-of-things/title-xxiv-prescription/chapter-4-liberative-prescription/section-1-a-two-year-prescription/section-349312-damage-to-immovable-property-commencement-and-accrual-of-prescription#:~:text=3493.12,-Download&text=When%20damage%20is%20caused%20to,acquired%2C%20knowledge%20of%20the%20damage.

legis.la.gov/legis/LawPrint.aspx?d=83443

legis.la.gov/legis/Law.aspx?d=109371

By Rice & Kendig, LLC | Posted on August 9, 2024

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Recent Results

$5,100,000

Motor Vehicle Collision

Client’s motorcycle was hit by a car leaving him in the ICU with facial injuries, arm injuries, and amputation of one leg.

$1,996,460

Motor Vehicle Collision

Client was rear-ended while sitting at a stop sign. Neck and back injuries resulting in headaches and disability. Neck injury required surgery.

$1,855,500.80

Motor Vehicle Collision

Defendant driver’s failure to stop at a stop sign caused a collision injuring the client’s leg and ankle (required surgery), knee, hip, back, and chest. The airbags deployed, causing airbag injuries.

$1,800,000

Medical Malpractice

Inadequate life-saving staffing at emergency C-section resulted in child with cerebral palsy, spastic quadriplegia, and developmental delays.

$1,500,000

Motor Vehicle Collision

Client was hit head-on by a delivery truck sustaining injuries to the knee, hand, neck, and back. Neck injury required surgery.

$1,400,000

Workplace Injury

A piece of loading equipment fell on client causing spinal injuries resulting in partial disability.

$1,375,000

Pedestrian/Motor Vehicle Collision

Client sustained injuries to head, leg and wrist. Client’s broken leg required surgery. In addition, client sought treatment with a neurologist for his head injury and cognitive issues.

$1,151,000

Pedestrian/Motor Vehicle Collision

Client was struck by a vehicle in a gas station parking lot. Client suffered head and brain damage resulting in memory loss.

$1,000,000

18-Wheeler Collision

Client was rear-ended by a drunk driver of an 18-wheeler causing client to suffer short-term memory loss and injuries to the head, neck, shoulders, and back.

$1,000,000

Insurance Bad Faith

Insurance company refused to pay for hail damage to a commercial property.

$1,000,000

Premises Liability

Fall at a hotel convention center caused hand, neck, and low back injuries resulting in a 7-year recovery period.

$1,000,000

Motor Vehicle Collision

Client was hit by a commercial vehicle that ran a stop sign. Injuries to the knee, neck, and back requiring interventional pain management.

$987,610.32

18-Wheeler Collision

Client was rear-ended multiple times by a big rig causing PTSD, spinal injuries requiring spinal fusion surgery, physical therapy, and counseling.

$987,525.93

18-Wheeler Collision

Logging truck’s failure to yield caused client to suffer fractures in the arm and leg, amputation of 3 toes, and shoulder injuries.

$950,000

18-Wheeler Collision

Client was hit by a delivery truck and the vehicle rolled over. Client’s injuries included six broken ribs and a neck injury requiring extensive medical treatment.

$950,000

18-Wheeler Collision

18-wheeler driver turned left, without the protection of a green arrow, in front of client. The collision caused injuries to the hand, neck, shoulder, low back, hip, foot, ankle, and eye.

$800,606.26

Motor Vehicle Collision

A defendant driver turned left, without the protection of a green arrow, into client’s vehicle causing a collision that resulted in a severely broken leg that required immediate surgery, post-traumatic stress disorder, loss of independence, and loss of job.

$800,000

Motor Vehicle Collision

Head-on collision that left client with back and neck injuries as well as seat belt injuries. Client’s recovery was lengthy and included physical therapy and injections.

$750,000

Wrongful Death/Medical Malpractice

Child suffered fatal injuries due to complications with anesthesia.

$685,000

Premises Liability

Client sustained two broken legs from a fall over an unreasonably dangerous tripping hazard.

$665,000

Motor Vehicle Collision/Wrongful Death

Client went to the aid of a vehicle accident victim and was struck and killed by a passing vehicle.

$663,000

Motor Vehicle Collision

Client was backed into while on the job at an oil field site. Collision resulted in numerous back and neck injuries requiring surgeries.

$650,000

18-Wheeler Collision

18-wheeler driver was rear-ended by another 18-wheeler causing headaches and neck injury.

$625,000

Motor Vehicle Collision

Head-on collision led to wrist and hand injuries that required surgery, seat belt injuries, pain in the neck, sternum, pelvis, abdomen, shoulder, and back, and post-traumatic stress disorder.

$550,000

18-Wheeler Collision

Client was rear-ended by a big rig causing low back and neck pain; physical recovery and treatment included injections, physical therapy, and counseling.