New Orleans Personal Injury Lawyer

What Is a Personal Injury Claim?

Personal Injury

A personal injury case is just that – it’s personal. No case is the same. No client is the same. 

You may have heard the term personal injury attorney. You may wonder, what does “personal injury” this really mean? A personal injury is best broadly defined as an injury and the resulting damage a person may suffer. 

A personal injury can arise from almost any situation and could be any wide range of accident or incident. 

What Are Some Examples of a Personal Injury Claim?

Some examples of personal injury accidents and incidents include: 

  • An auto accident; 
  • A rear end collision; 
  • An accident with a commercial vehicle, truck or 18-wheeler; 
  • A collision with a drunk driver;
  • An accident where someone runs a red light;  
  • A pedestrian who is hit while walking; 
  • A vehicle who pulls down a utility wire and causes an accident; 
  • A bicycle accident; 
  • An ATV crash; 
  • A drowning in a pool; 
  • A diving injury; 
  • A helicopter or plane crash; 
  • A dog bite; 
  • A slip and fall; 
  • A trip and fall; 
  • A fall on a handicap ramp; 
  • A scooter or motorcycle accident; 
  • A work accident; 
  • A chemical explosion;
  • A product explosion; 
  • A lawnmower that breaks and causes injury to the operator; 
  • A building that collapses and injuries those inside; 
  • An elevator that drops floors or which has a door slam on the person attempting to enter; 
  • And the list goes on. 

How Long After an Accident Do You Have to Bring a Personal Injury Claim?

This is tricky to answer concisely due to some recent changes in the law. Under old Louisiana law, you had one year from the date of the injury to make a claim. That has since changed to two years, but there are certain claims, like wrongful death claims and medical malpractice claims which still must be brought within one year of the date of the injury under the new law. 

The truth is, in my experience, the outcomes are better when you contact an attorney immediately after your personal injury claim. There are a number of various reasons for better outcomes which include: 

1. Evidence Disappears Faster than You Think

Surveillance footage and be lost. Vehicles are repaired. Skid marks fade. Witnesses move on and their memories can fade. Early legal involvement preserves what cannot be recreated later. 

2. Insurance Companies Begin Building Their Defense Immediately

Within hours after an accident, insurance adjusters may take recorded statements and assign liability percentages to calculate their reserves. If they are already building their file, you should have someone building yours. 

3. Early Mistakes Can Permanently Reduce Case Value 

What you say to insurance companies or others may be recorded and most likely it won’t be used for “quality assurance.” It will be used to minimize injuries, suggest fault and undermine your future claims. Once documented it’s difficult to undue. Even innocent phrases like “I’m feeling better”, “It wasn’t that bad” or “I’ll be okay” can later be used to dispute damages. 

4. Louisiana’s Prescription Period Is Short

Waiting too long can mean losing your rights entirely.

5. There May be More Available to You Thank You Think 

There may be more coverage of which you are not aware. Insurance companies are not obligated to tell you how much insurance they have before suit is filed and they are not obligated to direct you to all the places where there may be coverage, but an attorney can help with both of those issues. We use third parties to ascertain policy limits. We also help you assess all potential coverage by assessing: the at-fault driver’s policy, any third parties who may be responsible for the driver, your coverage, potential umbrella coverages and more. Identifying all potential responsible parties and all available insurance coverage increases recovery potential. 

6. Medical Documentation Needs Strategy

Doctors are busy people in a hurry. Attorneys review their records to ensure the medical records clearly reflect: mechanism of injury, ongoing limitations, causation and future medical needs. Subtle details in medical records can significantly affect case value. 

7. Serious Injuries Require Future Planning and High-Impact Case Presentation Takes Time 

Early legal involvement helps evaluate: future surgeries, long-term therapy, permanent restrictions, and loss of earning capacity. Proper documentation and setting things in motion early can help establish proof of future care. Moreover, strong cases are not just about bills. They are about showing: loss of independence, limitations, career impact, emotional toll. Developing persuasive documentation – including video storytelling – requires thoughtful preparation from the outset. 

Why You Should Contact Salter Law to Discuss Your Questions About Your Personal Injury Claim:

At Salter Law, we work with you from the start of your injury providing you not only with the legal care and advice you may need, but also in ensuring you are happy with your medical care and that you are seeing the best physicians to treat your specific type of injury. We also work to ensure critical evidence is collected and preserved timely which can make or break a personal injury case. 

Each personal injury case can have different challenges, and that is why we are here to guide you to make a bad situation better. We know the fear and paperwork headaches our clients can face after an injury. We also know that much uncertainty can accompany a long term injury. 

Finally, we know people may be reluctant to hire an attorney in the first place. You don’t want to hire an attorney just to find out you can never reach them and they barely have time for you. That’s why we limit our case load to ensure each of our clients get the real attention they deserve. 

When you hire Salter Law, you will get the cellphone number of the attorney who will be handling your case. You will also have every call or inquiry returned within 24 hours by your attorney, not by an assistant or a paralegal. Because we know the unique challenges presented by personal injury cases, we are not reactive but rather proactive in our approach to handling your case. It’s not just personal to you, it’s personal to us. 

If you have a question about your personal injury case or are looking to hire a Louisiana personal injury attorney, contact our office by phone or online today. Let’s take this journey together.

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