Lake Charles Personal Injury Lawyer Discusses Statute of Limitations
The unfortunate truth is that accidents of all kinds happen every day. But when an accident is caused by the negligent actions of another person, victims have a right to recover compensation for the damages that occur.
If you suffer a serious injury after any type of accident, you need to be aware that you only have a limited amount of time to file a claim for your damages. Do not delay. Reach out to a skilled Lake Charles personal injury lawyer as soon after your accident as you are able. Failure to do so can seriously compromise your case.
Statute of limitations for personal injury matters in Louisiana
What you do after suffering a personal injury can affect not only the amount you collect, but also whether or not you ultimately collect any compensation at all for your injuries. In Louisiana, most personal injury claims, such as those for car accidents, have a one-year statute of limitations . This means that you have one year from the date of your accident to file your claim. For injuries arising out of medical malpractice, the statute of limitations is different. In such cases, you have one year from the date you discover or should have discovered that your injuries were caused by medical malpractice.
Depending on your injuries, and their cause, there may be other exceptions to the general one-year rule for the filing of claims. A skilled personal injury attorney can examine the facts of your situation and advise you which rules may apply to your particular injury case.
Tolling the statute of limitations
When the statute of limitations has run, there may be ways to extend it. This is called tolling (stopping) the statute of limitations. Some examples of when the statute of limitation can be tolled include cases involving minors, service men or women on active duty, the mentally incompetent, and persons in jail or hospitalized in a coma. Bankruptcy can also toll the statute of limitations.
Even if a statute of limitations appears to have run out, there may be an exception to the rule, or it may be possible to bring a different claim. An experienced attorney can assist you in making the determination of the advisability of bringing a claim for your injuries.
Cincinnati Personal Injury Attorneys Can Help You Get Compensation!
Get Help & Get the Compensation You Deserve
A personal injury can cause pain and frustration for you and your family. As a result, you may feel alone and angry. Fortunately, with the help of an experienced attorney, you may be able to get just compensation to pay for things like medical bills, pain and suffering, and lost wages. Experienced Cincinnati personal injury lawyers know how the system works. Additionally, they have the knowledge and skill needed to assist you in filing a claim.
An attorney can help you file a lawsuit to obtain compensation
If a negligent person causes you injury, you can file a lawsuit for reimbursement. A knowledgeable attorney can assist you with the following steps involved in filing a claim:
File your lawsuit: To begin, you must fill out the necessary paperwork and file your lawsuit with the local court
Serve the defendant: Next, the defendant is served
Ask and answer written questions: Once the defendant receives notices of the lawsuit, he or she has thirty days to ask written questions.
Depositions: Both sides may ask questions orally to each other in front of a court reporter
Expert discovery: Both sides may use expert witnesses to bolster their cases
Settlement or trial: Your lawyer can explain to you that the majority of personal injury cases are settled. However, every case is different. The factors that determine whether a case is settled include the amount of evidence against the defendant, the strength of the case, and the extent of injury to the plaintiff
How else can a personal injury attorney help?
In addition to helping you file your claim, your lawyer can negotiate a settlement on your behalf. While the defendant may offer you a settlement, you must determine if the offer is fair considering the injuries you sustained. Your lawyer can review any settlement offers the defendant makes.
Additionally, prior to filing a claim, your attorney can assess the strength of your personal injury case and help you determine if you have enough evidence to take legal action.
Contact an experienced law firm
The law firm of Clements, Mahin & Cohen, LPA is proud to stand up for the rights of personal injury victims. For more than twenty-three years, our team of highly qualified attorneys has been serving the needs of clients from the Greater Cincinnati area, Southwest Ohio, and the Tri-state area. If you or someone you love sustains any type of injury, do not hesitate in contacting us today by phone 888.314.3989 or via our convenient online form. Let us use our knowledge and experience to help you obtain the compensation you deserve.
How to Choose the Right Car Accident Lawyer
If you or a loved one suffered injury in a serious motor vehicle accident, your best chance of being fairly compensated is to find an experienced and skilled lawyer. But to find that right lawyer, you need the right advice:
Interview multiple lawyers
Personal injury lawyers almost always work on a contingency fee basis, meaning they only get paid if you win your case. Most lawyers offer a free initial consultation, which is a chance for them to evaluate your case and for you to evaluate them.
Take advantage of this to visit with several personal injury attorneys. Discuss the strategy they would take with your case and who else in the office may work with you. Make sure you are comfortable with the communication style of your attorney. Be sure to ask for references. And make sure you are valued as a person, not just as a potential payday.
Check the record
Unlike medicine, the law does not require attorneys to specialize in particular fields. While a podiatrist cannot practice neurosurgery, any attorney can practice in any field. Some attorneys are true generalists, but most tend to specialize in one or two areas of the law.
Before you choose from a number of New York injury attorneys to represent you after your car accident, find out what you can about each lawyer’s experience handling cases like yours. How often has she represented people with similar injuries and circumstances? How often does he go to court or settle? Does the firm have a long record of successful settlements and verdicts?
Also, find out how long the attorney has been practicing, and how long he or she has been in your area. If your NY car accident attorney is fresh out of law school, meet the more senior attorney who will supervise your case.
Do You Have a Valid Mesothelioma Case?
Mesothelioma is an aggressive malignant form of cancer affecting the lining surrounding various bodily organs and cavities. Caused mostly by asbestos exposure, the disease is responsible for more than 3,000 deaths each year—a sad statistic, considering the fact that the disease is believed to be almost totally preventable by avoiding asbestos exposure.
If you receive a mesothelioma diagnosis and your work or other circumstances involved exposure to asbestos in Mississippi, a highly experienced mesothelioma attorney can assess your situation and help determine if you have a valid case under Mississippi law.
The warning signs of mesothelioma
The symptoms of mesothelioma vary based on the type of disease. Further complications to diagnosis exist because the disease may take decades to manifest itself, and the symptoms are not unique to the disease. Those who suffer from pleural mesothelioma, which affects the lining of the lung, can experience shortness of breath, chest pain, weight loss, coughs, and a variety of other symptoms. In the case of peritoneal mesothelioma, which affects the abdominal lining, victims may suffer weight loss, abdominal pain or swelling, bowel obstruction, anemia, fever, and other symptoms.
In either case, the associated symptoms require medical attention. If you have serious symptoms of any type, be sure your doctor knows if you believe asbestos exposure may be associated with your illness—even if symptoms occur decades after asbestos exposure.
The complexities of mesothelioma cases
Any medical issue can be complex, but the plaintiff has the burden of proof and must show both the existence of the disease and all associated costs, while proving liability on the part of the defendant—all based on specific state laws. But while the trials can be lengthy and stressful, they can yield surprising results. In fact, according to the Wall Street Journal, a jury awarded a historic verdict of $322 million in medical expenses, pain and suffering, and punitive damages as recently as May 2011. While the defense plans post-trial motions or appeals, the case illustrates the importance of retaining a highly experienced Mississippi attorney who knows how to develop effective cases for victims of this rare and aggressive form of cancer.
An experienced Mississippi mesothelioma attorney can help identify a valid case
If you receive a mesothelioma diagnosis and your work history includes exposure to asbestos, you need a Mississippi personal injury attorney with experience handling asbestos-related cases.
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