Will My Louisiana Personal Injury Case Go to Trial? Phases of Litigation in Louisiana Personal Injury Cases Explained
In Louisiana, when a person is injured by the negligent or intentional acts of another person, they may be entitled to money compensation by that person (and potentially other parties) under Louisiana personal injury laws. Car accident lawsuits, wrongful death cases, and medical malpractice claims are all examples of personal injury lawsuits in Louisiana, but there are many other types of cases within the personal injury sphere. When an injured person brings a personal injury lawsuit in Louisiana, they may wonder if their case is sure to go to trial, and what other phases of the litigation are involved in a personal injury lawsuit. In this article, we explain the ins-and-outs of the personal injury litigation process, and in what circumstances a Louisiana personal injury case might go all the way to the trial phase.
Typical Phases of Litigation in Louisiana Personal Injury Lawsuits
The first phase in a personal injury lawsuit in Louisiana is the investigation phase. At this stage, your experienced Louisiana personal injury lawyer may investigate your claims, ask you for documents and any medical records, and investigate the liable party or parties. Once your claim or claims have been identified, typically the case moves to the filing phase, in which your lawyer files a formal complaint with the court, detailing the facts of the case, the claims brought, and the damages sought from the defendant or defendants. After filing, Louisiana personal injury cases typically go through the formal discovery phase. In the discovery phase, both parties to the litigation can request information from each other, under the laws and rules of the court, that may be used later to support their positions.
The next phase that a Louisiana personal injury plaintiff might see in their personal injury litigation is the mediation or settlement phase. Sometimes the parties agree to get together for a day to try to negotiate a resolution of the case, before engaging in further litigation, and ultimately trial. Typically, either party may express an interest in settlement or mediation at any stage in the case. If the case does not ultimately settle before a trial date, typically the parties then must go to trial to get a decision from a judge or a jury to resolve the litigation. This decision is memorialized in an order and judgment issued by the court, which becomes the law of the case, and may order the defendant to pay money damages to the plaintiff, and other relief.
Will My Louisiana Personal Injury Case go to Trial?
Whether a Louisiana personal injury case will go all the way through trial depends on the individual case at hand. The best way to strategize your personal injury case and discuss the likelihood of settlement or trial is to discuss your case with an experienced Louisiana personal injury lawyer. In sum, there is no “black and white” rule that dictates whether a case will go to trial, but, rather, it depends on a number of factors unique to the case at hand.
If you were injured by another party’s negligent or intentional acts in Louisiana, contact the experienced Louisiana personal injury lawyers at Lunsford Baskin & Priebe. The experienced Louisiana personal injury lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to listen to your story and to see if they can help fight for you. Contact Lunsford Baskin & Priebe today and speak to an experienced Louisiana personal injury lawyer about your case for free.