How to File a Concussion Injury Lawsuit in Louisiana

You need to know how to file a concussion injury lawsuit in Louisiana to collect compensation for your injury-related losses. First, take important measures to protect yourself and your potential claim. 

Then, talk to a  New Orleans traumatic brain injury lawyer to find out if you have a valid claim. 

An experienced attorney can lead your fight for justice by collecting evidence, negotiating with insurance companies, and taking your claim to the courtroom if necessary.

Take Steps to Protect Yourself First

There are steps you can take to support your health and protect yourself legally after any kind of traumatic brain injury. Concussions are milder forms of brain trauma, but they are still serious injuries that can do significant damage. You can experience physical, cognitive, and behavioral symptoms. Get medical care right away to ward off further injury and long-lasting effects.

Early diagnosis and treatment also protect your injury claim. Delaying care can worsen the injury, and it leaves you open to blame from the at-fault party.

They can say your choice to postpone care makes you, not them, responsible for the injury’s effects. They could also argue that your injury could not be as bad as you claim if it did not require prompt attention.

Find Out if You Have a Valid Claim

You must have legitimate grounds to file a concussion injury lawsuit in Louisiana. An attorney will know if you have a personal injury case after reviewing your situation during a free case consultation. You have a valid claim if you can show the elements of negligence:

• The at-fault party owed you a duty of care, which is a legal obligation to uphold your safety by taking proactive measures or by avoiding unsafe behaviors.
• The at-fault party breached their duty. They committed an action that put you in danger or failed to take reasonable action to support your safety.
• The at-fault party’s breach in duty directly caused the accident. The accident left you with measurable damages.

You can sue for a brain injury after a car crash in Louisiana or for one resulting from an accident on someone else’s property or any other situation, as long as you can demonstrate those elements. Our skilled attorneys know how to prove a brain injury legally in Louisiana, 

What Happens Before You File a Concussion Injury Lawsuit

Many accident claims settle out of court through negotiations. You may not need to file a concussion injury lawsuit in Louisiana, but instead secure compensation by settling with the at-fault party’s insurance company.

An attorney can investigate the accident, identify the negligent party, and collect evidence to prove the elements of negligence. After valuing your losses, the attorney can send a communication to the at-fault party’s representatives establishing your demand for compensation. 

The two sides continue negotiating until reaching an agreement. Once you accept a settlement, the case is closed. Our team believes in fighting for the win every time, and our opponent will know this about us. We have built a reputation that prompts productive negotiations, as the other side knows we fight aggressively in court.

When You Need to File a Concussion Injury Lawsuit in Louisiana

Sometimes, the at-fault party’s representatives refuse to engage in meaningful negotiations. They may persist in making only low offers or use stall tactics to wear you down and accept less than you deserve just to end the battle. 

In these situations, you may decide to file a concussion injury lawsuit and take your claim to trial. Louisiana allows injury victims two years to file a claim with the court, per ACT 423. The act of filing could itself convince the other side to change its strategy and offer a fair settlement. If not, we will follow through with the court process.

Why Filing on Time Matters

You could lose the chance to fight for justice if you do not file your concussion injury lawsuit within the State’s two-year deadline. Still, never assume you have missed your window of opportunity without first speaking to a lawyer. Some circumstances allow for deadline extensions.

Connecting with an attorney quickly after your accident is the best way to avoid missing the filing date. It also increases your chances of a favorable claim outcome. When attorneys have fast access to your case, they can offer immediate support, guidance, and protection. They can also collect evidence before it gets lost.

Convincing Evidence Strengthens Your Concussion Injury Lawsuit Result

Per Article 2323 of the Louisiana State Legislature, injury victims can only file for damages if they are 50% or less to blame for the accident. If they meet the eligibility standard, they can still see a compensation reduction proportionate to any smaller percentage of fault they bear.

An effective attorney will work to gather evidence to convince a judge or jury of the other side’s negligence and to minimize your degree of fault. 

What to Know About the Legal Process

After filing a concussion injury lawsuit in Louisiana, your claim enters the pre-trial phase. During this time, each side can file pre-trial motions. For example, the other side may file a motion for a case dismissal. We will challenge that motion. The sides may file motions to have evidence deemed inadmissible or admissible in court.

The discovery phase comes next. Each side continues compiling evidence. They conduct depositions. This means they take out-of-court statements from witnesses and those involved in the accident. The sides must share evidence with each other.

The trial follows discovery. Each side presents its opening statement, gives evidence, and examines/cross examines witnesses. At the end of the trial, a judge or jury deliberates and ultimately renders a decision.

Let Us File Your Concussion Injury Lawsuit

You may not know how to file a concussion injury lawsuit in Louisiana. That’s okay. Scott Vicknair Injury Lawyers is ready to handle all elements of your claim for you.

We take care of everything from the initial accident investigation to your claim’s resolution. Let us file your concussion injury lawsuit and lead your fight for justice.