Suffering a physical or emotional injury after an accident caused by someone else's negligence is an overwhelming and confusing experience. Victims may have many questions in regards to potential medical malpractice or personal injury lawsuits. For those who have been in an accident, a lawyer from our New Orleans firm can help. Serving Metairie, Kenner, and the surrounding areas as well, the team at Harrell & Nowak answers frequently asked questions below.
- What is the time frame after I am injured to file a suit?
- What is the first step to take if you believe you have a claim?
- How much will it cost me to file a case?
- How much is my case worth?
- What is the typical duration of a case?
What is the time frame after I am injured to file a suit?
In Louisiana you have one year from the time you knew or should have known of potential malpractice to bring a claim. If you do not file a claim within that time frame, you will be barred from bringing the claim. Because the time frame to file a claim is so short, it is best to contact a personal injury and accident lawyer at our New Orleans firm, serving Metairie, Kenner, and surrounding neighborhoods, as soon as you believe you have been injured.
What is the first step to take if you believe you have a claim?
- Get any medical treatment you need.
- Start collecting evidence.
- Take pictures.
- Gather Important documents like police reports.
- Then call Harrell & Nowak to schedule a free initial consultation.
One of the most important pieces of evidence in a medical malpractice case is the medical record. Without an accurate copy of your medical record, it will be almost impossible to prove your medical malpractice case. Most hospitals and physician offices are aware of requests for medical records made by an attorney. That's why it's important for you to get a copy of the medical record from the hospital and the doctor rather than waiting for the attorney to get your record. If asked, you can simply inform the healthcare provider that you need a copy of the records for insurance purposes.
How much will it cost me to file a case?
Most of our cases are handled on a contingency basis. This means that we will advance the costs of bringing the case. Also, our attorneys don't collect any fees unless you are awarded damages. If you'd like more information on fees, contact a personal injury and accident lawyer at our New Orleans practice.
How much is my case worth?
Each case is unique. The law generally allows injured person to recover for pain and suffering, medical expenses, and lost wages. In medical malpractice cases in Louisiana there is a cap of $500,000 on a victim's recovery for damages resulting from medical malpractice. The cap does not include past and future medical costs. While the legal system cannot turn back the clock or make you healthier, we dedicate ourselves to maximizing your recovery for the pain, suffering, and losses.
What is the typical duration of a case?
Again, every case is unique. How long a case takes depends on many factors, including the court, the number of parties, and particular case facts. Some cases can be resolved in months, other can take years.
The average medical malpractice case can last from four to six years. There are several reasons for this. First, a claimant cannot file a medical malpractice lawsuit in Louisiana without first presenting the claim to a Medical Review Panel. Second, doctors and hospitals don't like to lose a malpractice case, so they fight hard and use every legal tactic to delay and postpone your case. Third, because these cases involve expert testimony from physicians, it can take months to coordinate schedules and to find a date to hold the trial.
Other types of cases, such as insurance disputes, premises liability, or car accidents, may take shorter or longer. Contact our firm for more details.
Contact a Personal Injury and Accident Attorney Serving Metairie, Kenner, Surrounding Areas
If you'd like to consult with a personal injury and accident lawyer at our New Orleans firm, serving Metairie, Kenner, and nearby areas, please contact us today. A member of our legal team would be happy to discuss your claim in a confidential and comfortable setting.