Filing a Personal Injury Lawsuit in a Different Parish: Why You Need a Personal Injury Lawyer
General |April 24th, 2020
When you experience serious injuries due to the negligence of another person, you have a right to pursue civil action. A personal injury lawsuit is your opportunity to seek compensation for your damages. Filing a personal injury lawsuit in Louisiana involves two key factors: the time limit for filing your lawsuit and filing your lawsuit in the right parish and court. At Alvendia, Kelly, & Demarest, Attorneys at Law, we navigate the Louisiana legal process for you, providing the legal representation you need during this difficult time.
Judicial District Courts and Your Personal Injury Lawsuit
Louisiana is home to 42 judicial district courts and 64 parishes. A judicial district court may serve one parish while another district court may serve multiple parishes. The judicial district courts have no restriction on the amount of compensation you may pursue. However, the time for filing your lawsuit is one year and the clock begins the moment you become injured.
Understanding which parish you need to file your lawsuit in is vital to saving precious time. As the plaintiff in your civil case, you may live in one parish, the defendant in another, and the accident occurred in a third, separate parish. This complex network of parishes and ensuring you have the right court is where our law firm can help you.
If your case is mistakenly filed in the wrong parish, the court may dismiss your lawsuit “without prejudice.” This simply means that it is possible to refile your case in the appropriate court and parish. While a court may allow you to re-file your lawsuit in the appropriate court, it is not ideal due to the delay it causes for your case and for securing possible compensation.
Types of Personal Injury Lawsuits
When you experience serious injury due to the careless actions of another person, it isn’t fair. Here are just a few examples of the types of accidents that can result in a personal injury lawsuit:
Vehicle accidents—Motor vehicle accidents are among the most common type of personal injury lawsuits. There is no way to predict the behavior of another driver. Common behaviors that result in personal injury for others include:
Distracted driving—According to the Centers for Disease Control (CDC), there are three main types of distracted driving:
- Visual: takes your eyes off the road.
- Manual: takes your hands off the wheel.
- Cognitive: takes your mind off driving.
The CDC reports that texting while driving involves all three types of distraction. Other types of distractions include reaching for objects, eating, and applying makeup behind the wheel.
Drunk driving—The National Highway Traffic Safety Administration (NHTSA) reports that every day, approximately 30 people in the United States die in a drunk driving accident. Despite stricter laws and public safety campaigns, drivers continue to feel invincible after consuming alcohol. Drunk driving can change your life by leaving you with catastrophic—and expensive—injuries.
Aggressive driving—If you suffered serious injuries due to a speeding driver who ran a red light, you may be entitled to compensation. A study by the AAA Foundation for traffic safety found that 80 percent of drivers surveyed admitted to aggressive driving behavior. Aggressive driving can quickly escalate to dangerous acts of road rage.
Slip and fall accidents—A slip and fall accident can leave you with a serious head injury, all because of negligence by the property owner. Stairs with no handrail, wet floors, and cords across floors are safety hazards that can result in serious harm for you. If you accept an invitation to visit a restaurant or store and experienced a traumatic injury, a personal injury lawsuit is a possible option for you.
Other types of personal injury cases include medical malpractice, product liability, and dog bites, to name a few. If a serious accident caused by a negligent person results in the death of a loved one, you may be entitled to filing a wrongful death lawsuit. Wrongful death law is quite complex and best left to a licensed professional attorney.
At Alvendia, Kelly, & Demarest, we provide our clients with the compassion they need and the respect they deserve during their period of grieving. We also aggressively fight for justice on behalf of your loved one.
Let Alvendia, Kelly, & Demarest, Attorneys at Law, Help You
The time immediately following your accident is no time to deal with insurance representatives. We understand your stress and worry over mounting medical bills and time away from work. An initial settlement offer from an insurance company may appeal to you and your family.
The reality is that the insurance company is only looking out for their best interests and not yours. Should you accept the insurance company’s offer, you may not pursue civil action against them in the future, should your condition worsen.
It is never a good idea to try to negotiate with an insurance company on your own. At Alvendia, Kelly, & Demarest, we know the types of tactics insurance companies use to either deny or delay your claim. If we are unable to secure a fair settlement out-of-court, we are ready to go to trial. If we must go to trial, it is imperative that your case reaches the right court docket.
Do not settle for less than you deserve. Let our team protect your best interests by getting to work for you. Our experience with Louisiana personal injury and wrongful death law is invaluable to your case. You must contact us as soon as possible due to the statute of limitations for filing your case. Once you miss the opportunity to file, the chance for possible compensation is lost forever.
Navigating the intricacies of personal injury claims involves understanding its various components. It’s not just about the legalities; sometimes, it’s about the stories and histories, like remembering significant events such as Pearl Harbor. Being prepared for processes like depositions and understanding the nuances of insurance claims can make a significant difference in the outcome. Moreover, recognizing the broader implications, like the economic impact of incidents such as the Hard Rock Hotel collapse, can provide a deeper context to individual cases.
While the Louisiana court system may allow your case to be continued without prejudice, refiling and regrouping slow down your case. Due to limited time and the stress of your injuries, ensuring your case is in the right place at the right time is where our team can help you. To learn more about how Alvendia, Kelly, & Demarest can help you, contact us online or call us today at (504) 200-0000.