If you have been involved a trucking accident it is important to have a clear understanding of how a trucking accident case will play out. A case truly begins immediately after an accident and continues until the final resolution and awarding of damages, if any.
It is nearly impossible to win a trucking accident case without an attorney to guide you through the filing process and the possibility of a trial. You should look for someone familiar with local laws who can explain the steps that will see your case through from start to finish. Meeting with a New Orleans truck accident lawyer will alleviate the stress involved with a lawsuit and raise the chances of your case being a success.
Commercial Trucking Companies
Unlike other auto accidents, a trucking accident is not usually between individuals and their insurance companies. A commercial trucker should not simply be viewed as a private entity when drafting a claim if there is a larger company involved.
Your New Orleans truck accident lawyer will suggest if it is best to file suit against the company, the driver or both. It may also be possible to sue the driver's insurance company or include them as a party in the lawsuit. A lawsuit against the company is usually preferred because this opens up a higher possibility of damages.
Discovery
Evidence is gathered to support a claim in a process known as discovery. This is the first thing a lawyer will do before filing a lawsuit, as the evidence is used to determine whether damages should be awarded.
An attorney will conduct the investigation and make sure that the evidence is available by the time your case goes to court. They will conduct interviews, check the trucking company records, including the driver's personnel file and qualifications, and gather police reports and accident photos.
Submitting a Letter of Demands and Going through Mediation
After a New Orleans truck accident lawyer collects the evidence, they will submit a letter of demands, which will initiate the process of the lawsuit. The letter will inform the opposing party or parties of the intention to sue and will detail the injuries and losses incurred because of the accident and the amount of compensatory damage the client is seeking.
Once they've received the letter, the opposing party can accept the amount your attorney has submitted and choose to settle the case quickly or they can attempt to negotiate for a reduced amount.
If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial's completion.
The Trial
Your New Orleans truck accident lawyer will prepare you carefully for your trial. You will probably be required to testify your case.
These cases are usually decided by a jury, who will decide who is at fault and the percentage of their fault. It is possible for both parties to be considered partially at fault, and damages are adjusted accordingly. For example, if you are considered to be 15 percent at fault, then your damages will be lowered by that amount.
Having a New Orleans 18 wheeler accident lawyer on your side will provide you with expert guidance throughout the entire trial process. The Lambert Firm's injury attorneys in New Orleans, Louisiana can help. Call today for a free consultation.
Monday, December 2, 2013
Monday, November 18, 2013
New Orleans Motorcycle Accident Attorney Provides Ideas On Errors To Avoid After A Crash
As with any vehicular collision, a motorcycle accident can be a frightening, traumatic, and tragic event. Riders can be burdened with expensive medical bills for injuries to their bodies as well as having to pay the costs of repairing the damage to their motorcycles. That is why it is important to seek a qualified New Orleans motorcycle accident lawyer after you are involved in an accident.
Oftentimes motorcycle accidents are not the fault of the motorcycle rider, and the victims of the accident may legally be entitled to reparations from the individual that caused the accident. If your motorcycle is damaged in a crash or you've received physical injuries that require expensive medical care, contact a New Orleans motorcycle accident lawyer who will help you get the compensation that you deserve.
Here are a few tips that will help you avoid making mistakes after your motorcycle accident:
What You Should NOT Do
DO NOT Say It Was Your Fault: Never admit fault for an accident until you speak with a lawyer. Involvement in a dangerous and potentially life-threatening situation can lead to a person becoming emotional, which can result in a victimized motorcycle driver erroneously apologizing to the other party or parties involved in the crash.
It's difficult to correctly assess the circumstances of a crash, and you don't want to give anyone the impression that you caused the accident. Even if you believe that both parties were equally at fault, the first thing you should do is consult a lawyer. It can be detrimental to your case if you take the blame for the accident. Your lawyer will advise you on what to do.
DO NOT Talk to Insurance Adjusters: Insurance adjusters will try to talk to you immediately after the accident in order to obtain any information that they can to undermine your case. They are trained to ask you questions that don't seem threatening, while they are really attempting to get you to incriminate yourself.
Let them know that you won't talk to them until you've consulted with a lawyer. This will get them to back off while your New Orleans motorcycle accident lawyer advises you on what you should do. Most importantly, unless your lawyer is present, do not sign anything from insurance companies.
Things You SHOULD Do
Do Document Everything: You may have a hard time remembering things clearly after you've been involved in a motorcycle accident. That's why it's very important that you document anything and everything you can. You want to provide an accurate description of events, damages, and injuries to your New Orleans motorcycle accident lawyer.
Photograph your injuries and keep your medical reports, but do not share descriptions or pictures on social media websites. It is important not to allow the opposition to scrutinize any possible discrepancies.
Do Help Yourself: Make sure to attend your doctor appointments and follow medical advice. You want to show the court that you are honestly doing your best to recover after the accident. You don't want them to think that you're attempting to garner pity by delaying the healing process--the last thing the court wants to see is someone looking for free compensation. Also, if you don't seek proper medical treatment, insurance companies will blame you for the worsening of medical conditions you are trying to get them to pay for.
It can be inconvenient and frighteningly traumatic to be involved in a motorcycle accident. Getting the proper damages can help you recover the cost of medical bills and motorcycle repairs. Following the above advice and contacting a qualified New Orleans motorcycle accident lawyer can help get you the compensation that you deserve.
The New Orleans motorcycle accident attorneys at The Lambert Firm provide experienced assistance to those in need. If you were injured in an accident, schedule a free consultation with one of our New Orleans injury lawyers today.
Oftentimes motorcycle accidents are not the fault of the motorcycle rider, and the victims of the accident may legally be entitled to reparations from the individual that caused the accident. If your motorcycle is damaged in a crash or you've received physical injuries that require expensive medical care, contact a New Orleans motorcycle accident lawyer who will help you get the compensation that you deserve.
Here are a few tips that will help you avoid making mistakes after your motorcycle accident:
What You Should NOT Do
DO NOT Say It Was Your Fault: Never admit fault for an accident until you speak with a lawyer. Involvement in a dangerous and potentially life-threatening situation can lead to a person becoming emotional, which can result in a victimized motorcycle driver erroneously apologizing to the other party or parties involved in the crash.
It's difficult to correctly assess the circumstances of a crash, and you don't want to give anyone the impression that you caused the accident. Even if you believe that both parties were equally at fault, the first thing you should do is consult a lawyer. It can be detrimental to your case if you take the blame for the accident. Your lawyer will advise you on what to do.
DO NOT Talk to Insurance Adjusters: Insurance adjusters will try to talk to you immediately after the accident in order to obtain any information that they can to undermine your case. They are trained to ask you questions that don't seem threatening, while they are really attempting to get you to incriminate yourself.
Let them know that you won't talk to them until you've consulted with a lawyer. This will get them to back off while your New Orleans motorcycle accident lawyer advises you on what you should do. Most importantly, unless your lawyer is present, do not sign anything from insurance companies.
Things You SHOULD Do
Do Document Everything: You may have a hard time remembering things clearly after you've been involved in a motorcycle accident. That's why it's very important that you document anything and everything you can. You want to provide an accurate description of events, damages, and injuries to your New Orleans motorcycle accident lawyer.
Photograph your injuries and keep your medical reports, but do not share descriptions or pictures on social media websites. It is important not to allow the opposition to scrutinize any possible discrepancies.
Do Help Yourself: Make sure to attend your doctor appointments and follow medical advice. You want to show the court that you are honestly doing your best to recover after the accident. You don't want them to think that you're attempting to garner pity by delaying the healing process--the last thing the court wants to see is someone looking for free compensation. Also, if you don't seek proper medical treatment, insurance companies will blame you for the worsening of medical conditions you are trying to get them to pay for.
It can be inconvenient and frighteningly traumatic to be involved in a motorcycle accident. Getting the proper damages can help you recover the cost of medical bills and motorcycle repairs. Following the above advice and contacting a qualified New Orleans motorcycle accident lawyer can help get you the compensation that you deserve.
The New Orleans motorcycle accident attorneys at The Lambert Firm provide experienced assistance to those in need. If you were injured in an accident, schedule a free consultation with one of our New Orleans injury lawyers today.
Monday, October 28, 2013
5 Actions To Execute Prior To Consulting A New Orleans Personal Injury Attorney
If you've been injured in an accident, having an experienced attorney assist you is vital to recovering compensation for your medical treatment, property damage and more. When you schedule a consultation with a New Orleans personal injury lawyer, these five steps can help you be prepared for a productive first meeting.
Get the Other Party's Insurance Information
When someone has caused injuries to you or damages to your property in an accident, especially a car accident, getting their insurance information is the first step to take in getting compensation later.
If the driver of the vehicle involved in the accident attempts to run and speed away, be sure to write down as many details as possible related to their vehicle as well as their license plate if it is visible.
Gather Evidence From Surroundings
Gather evidence from surroundings where the personal injury incident occurred. Take photos of the surroundings, your injuries and any other pieces of evidence you deem worthy for your case. The more evidence you present to an attorney and a judge, the more likely you are to receive the compensation you deserve.
Ask for Witness Reports
Often when an accident occurs, people will see what happened and stop to help. Ask any witnesses for statements about what they saw, as this will lend your side of the story greater credibility when seeking compensation. When you set out to speak with your New Orleans personal injury lawyer, have in hand testimony from as many witnesses as possible.
Get a Police Report
Requesting the police report on your accident is another important piece of evidence to gather before meeting your New Orleans personal injury lawyer.
This report can help you demonstrate the facts of the accident and show that negligence of another party caused or contributed to your injuries. If no police are at the scene, you can also call afterwards to make a report to have official documentation about the incident.
Get Organized With Evidence and Medical Records Before Meeting With an Attorney
It is imperative to organize all of the evidence you have related to your case before you meet with a New Orleans personal injury lawyer at any time. Organizing medical bills, hospital records, police reports, eyewitness statements and even video or photographic evidence helps to speed the process of building your case.
Being as organized as possible will save you and your attorney time, and will in the end save on the amount that you spend for legal services, so have as much evidence ready before going to your consultation. More evidence means more proof of the other party's negligence, which increases your chances of recovering compensation and can also increase how much you receive.
Working together with a New Orleans personal injury lawyer is a way to improve your chances of winning compensation for any injuries and damage you have experienced due to the incident. The more closely you work with your attorney, the easier it is to build a stronger case in your defense, helping you to win the money you deserve to rebuild your life without financial strain or debt.
If you were injured in an accident and need help from New Orleans injury lawyers, The Lambert Firm can help. Schedule a consultation today to get experienced legal assistance from an accident attorney in New Orleans.
Get the Other Party's Insurance Information
When someone has caused injuries to you or damages to your property in an accident, especially a car accident, getting their insurance information is the first step to take in getting compensation later.
If the driver of the vehicle involved in the accident attempts to run and speed away, be sure to write down as many details as possible related to their vehicle as well as their license plate if it is visible.
Gather Evidence From Surroundings
Gather evidence from surroundings where the personal injury incident occurred. Take photos of the surroundings, your injuries and any other pieces of evidence you deem worthy for your case. The more evidence you present to an attorney and a judge, the more likely you are to receive the compensation you deserve.
Ask for Witness Reports
Often when an accident occurs, people will see what happened and stop to help. Ask any witnesses for statements about what they saw, as this will lend your side of the story greater credibility when seeking compensation. When you set out to speak with your New Orleans personal injury lawyer, have in hand testimony from as many witnesses as possible.
Get a Police Report
Requesting the police report on your accident is another important piece of evidence to gather before meeting your New Orleans personal injury lawyer.
This report can help you demonstrate the facts of the accident and show that negligence of another party caused or contributed to your injuries. If no police are at the scene, you can also call afterwards to make a report to have official documentation about the incident.
Get Organized With Evidence and Medical Records Before Meeting With an Attorney
It is imperative to organize all of the evidence you have related to your case before you meet with a New Orleans personal injury lawyer at any time. Organizing medical bills, hospital records, police reports, eyewitness statements and even video or photographic evidence helps to speed the process of building your case.
Being as organized as possible will save you and your attorney time, and will in the end save on the amount that you spend for legal services, so have as much evidence ready before going to your consultation. More evidence means more proof of the other party's negligence, which increases your chances of recovering compensation and can also increase how much you receive.
Working together with a New Orleans personal injury lawyer is a way to improve your chances of winning compensation for any injuries and damage you have experienced due to the incident. The more closely you work with your attorney, the easier it is to build a stronger case in your defense, helping you to win the money you deserve to rebuild your life without financial strain or debt.
If you were injured in an accident and need help from New Orleans injury lawyers, The Lambert Firm can help. Schedule a consultation today to get experienced legal assistance from an accident attorney in New Orleans.
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