Resolving a Personal Injury or Wrongful Death Case

Lake Charles Louisiana Personal Injury Lawyers

There are several methods that can lead to resolution in a personal injury or wrongful death case: negotiations and settlement, mediation, or litigation. Even if a lawsuit is filed, settlement is still possible and negotiations will continue. Only a small percentage of lawsuits actually go to trial, if the case was properly prepared.

You can count on the injury attorneys at Broussard & Hart, L.L.C to act in your best interest and to work to get you the financial compensation you need after a serious injury. Contact our Lake Charles law office to schedule a consultation. We’ve helped thousands of injured people and their families.

Negotiations/settlement, mediation, or trial.

Many personal injury claims are settled after negotiations with the tort-feasor. Sometimes a claim can be settled without the need for filing a lawsuit. But most of the time, a lawsuit will be filed. As soon as the damages can be clearly established, settlement negotiations can begin.

Mediation

There are occasions when the parties submit the dispute to “mediation.” The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option in your case, your lawyer will discuss it with you.

Trial

In most cases, it will be necessary to file a lawsuit to receive an adequate recovery. Filing the lawsuit is the first step towards a formal resolution of the claim – a trial. Before filing suit in your case, we will obtain your permission and explain to why we believe a lawsuit should be filed.

The following are the steps necessary to bring a case to trial. This is intended to be general information only.

A. Pleadings

Pleadings are the documents the two parties file in court that form the basis of the lawsuit.

1. Complaint or Petition: A lawsuit is filed against an opposing party by filing a document in court known as a complaint or petition. The person bringing the action is the plaintiff – you. The person or company against whom the action is brought is the defendant. The petition states the names of the parties and why the conduct of the defendant entitles the plaintiff to recover damages.
2. Citation: Once the petition is filed, a citation is issued to inform the defendant that a lawsuit has been filed and that a response must be made within a given period of time or a judgment will be made against the defendant. The citation is served by an officer of the Court, usually a Deputy Sheriff or process server.
3. Answer or Motion: The response filed by the defendant is called an Answer. It is prepared by the attorney for the defendant. Alternatively, if the defense attorney feels there is a fatal flaw with the lawsuit, a motion to dismiss the complaint or to strike portions of the complaint may be filed. After discovery has progressed, settlement negotiations, mediation, or trial will resolve the dispute.

B. Discovery

Once an action is filed, both sides have a right to “discover” facts concerning the opposing party’s case. Normal discovery proceedings include written interrogatories, depositions, production of records, and sometimes medical examinations.

Interrogatories: Each side may serve written questions on the opposing party, called “interrogatories.” You are required to answer these questions within a prescribed period of time, in writing and under oath. We will serve interrogatories on the defendant on your behalf, and the defendant will serve interrogatories on you, which you must answer. Our staff will assist you in preparing your answers.

Requests for Production: Each side can request the opposing party to produce documents and things for inspection. You may be asked to produce documents proving your wages or damage repair estimates, for example.

Requests for Admissions: Requests for admissions are similar to interrogatories, but the only two possible responses are to either admit or deny the truth of a statement composed by the opposing party. Requests for admissions are used to narrow the issues in a case.

Depositions: A “deposition” is an oral, transcribed statement, made under oath, which may be used by either side in a lawsuit. It has the same effect as testifying at trial. It is used to learn as much as possible about the other side’s claims or defenses. Those present are the parties concerned, their lawyers, sometimes an additional witness or two, and a court reporter who records the questions and answers.

The lawyers normally agree in advance where the deposition will be held. It is usually in the office of one of the lawyers.

You are required by law to give a deposition. This is not something with which we have a choice. Because of this, we will need your full cooperation. Prior to the deposition, the lawyer will go over the facts of the case with you and answer any questions you might have.

YOUR DEPOSITION IS OFTEN THE MOST IMPORTANT PART OF YOUR CASE. It is
important that you be prepared well in advance of the deposition date.

In giving a deposition, there are a few rules to follow:

• Always tell the truth, even if it hurts your case.
• Answer only the questions. Do not make any voluntary statements or speeches.
• Think before you make any answer to any questions. If it concerns a matter about which you do not know, or a detail you do not remember, you may so state. However, once you have stated that you do not know or remember, it’s hard to change your testimony at trial.
• Always be polite.

Frequently the other attorney will ask you many questions which will seem to you to have no bearing upon the case. Nevertheless, it is your duty to answer these questions, notwithstanding the fact that they may irritate you. Never conceal prior injuries or prior illnesses. Remember, the other side has the means of obtaining such information.

C. Trial – Your Day In Court

If a fair recovery cannot be obtained through negotiations and/or mediation, it will be necessary to take your case to trial. The injury attorneys at Broussard & Hart, L.L.C. take pride in their trial skills, and are highly regarded in the legal community for their trial success. It is only the threat of trial that ultimately extracts reasonable settlements in most cases. But sometimes, for whatever reason, a reasonable and fair settlement cannot be reached and the case is taken to court.

While some cases may be tried to a judge only (called a bench trial), most serious injury and death cases are jury trials.

When Thomas Jefferson was asked to identify the most important right secured by the United States Constitution, Jefferson responded without hesitation “trial by jury.” Justice dispensed by a jury is justice based on community standards. You can rest assured that if your case must be tried to a jury, Broussard & Hart attorneys are skilled at jury selection and persuasive case presentation. Your Broussard & Hart attorney will stand with you, leading the way through trial, from voir dire and opening statement through closing arguments and verdict.

Your Broussard & Hart attorney will be with you throughout the process, ready to answer any questions you may have. Our law firm handles injury claims resulting for dangerous properties, dangerous equipment, and dangerous railroad crossings. If you would like to schedule a free, confidential consultation with one of our attorneys, please contact our office.