Baton Rouge Back Injury Lawyer

Dealing with the financial burdens that may surface due to back injuries can be incredibly overwhelming, especially in the early stages of recovery. If you’ve experienced an accident that could have been prevented, it’s essential to start thinking about your legal options for seeking financial compensation for the back injury you’ve suffered.

Here at Gordon McKernan Injury Attorneys, our compassionate team of Baton Rouge personal injury lawyers truly understands the significance of this claim for both you and your family. We know just how challenging it can be to recover from such a life-altering accident. Rest assured, we’re here to lend a helping hand and guide you through the legal process, ensuring that the responsible party is held accountable for every bit of pain and suffering you’ve endured.

Baton Rouge Back Injury Claims: What You Need to Know

Our dedicated team of back and spinal cord injury lawyers in Baton Rouge is committed to crafting a robust legal strategy to ensure you receive rightful compensation for the immense pain and suffering caused by such a catastrophic injury. This includes, but is not limited to, addressing the following aspects:

• Your medical care expenses
• The income you’ve lost during your recovery
• The emotional trauma you’ve endured

Regardless of the circumstances surrounding your back injury, our experienced legal team in Baton Rouge is prepared to develop a comprehensive plan that will help you recover the compensation needed to alleviate the financial burden placed on you and your family.

Navigating the Baton Rouge Back Injury Claims Process

Contrary to the dramatized depictions often seen on television and in movies, the back injury claims process typically kicks off with a demand package sent by your Baton Rouge back injury accident lawyer to the insurance adjuster representing the at-fault party. 

Instead of immediately resorting to a lawsuit, this package includes a comprehensive account of the accident, documentation of expenses, and a clear demand for the claim’s value.

Upon receiving the demand, the insurance adjuster has several options, including:

• They can accept liability on behalf of their insured and proceed with processing the claim for payment, effectively resolving the matter.
• They may choose to deny the claim and provide the claimant with a detailed reason for the denial, which often leads to the filing of a back injury lawsuit.
• In some cases, the insurance adjuster may opt to offer a settlement when faced with a claim seeking compensation for neck or back injuries. 

• A settlement involves an agreement in which the at-fault party’s insurance provider agrees to pay a certain amount, typically less than the full value of the claim, in exchange for an out-of-court resolution. 
• Insurance companies often favor settlements as they provide greater control over the outcome and help avoid the time and costs associated with litigation.

Understanding the Timeframe for Filing Your Baton Rouge Claim

Throughout the back injury claims process, a settlement agreement can be reached at any stage, even if the case proceeds to trial, as long as the court has not yet rendered a decision. Many cases are resolved through settlements prior to the filing of a back injury lawsuit, while others find resolution through settlements during an ongoing trial. 

However, despite the seemingly ample time available to reach a settlement agreement, claimants are bound by state laws that dictate the duration within which they must file their claim in court.

Each state establishes its own statute of limitations for back injury claims.

Statute of Limitation Changes in Louisiana

In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1 year for injuries sustained before July 1, 2024.
• 2 years for injuries suffered after July 1, 2024.

The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

It’s worth noting that while the claim does not necessarily need to be resolved within this timeframe, it must be filed within the limit. Considering the various tasks that need to be completed before pursuing the claim in court, one year may not provide an extended window of time.

Establishing the Elements of Your Back Injury Case:

In order to seek compensation for your injuries, it is crucial for you to demonstrate that another party bears liability for the accident in which your injuries were sustained. Liability can be established by proving the following elements:

1. The at-fault party had a duty to take reasonable actions in the given circumstances to ensure your health and safety.
2. The defendant breached this duty through acts of carelessness or recklessness.
3. The breach directly resulted in the accident that caused the claimant’s injuries.

Successfully establishing these elements is crucial to pursuing a back injury claim and seeking the compensation you deserve.

Consult with a Baton Rouge Back Injury Accident Lawyer Today

If you or a loved one sustained a back injury, you should contact a Baton Rouge back injury accident lawyer at our law office to discuss what compensation you may be eligible to pursue. We want to help as much as we can so you can focus on recovering. Please call our Baton Rouge office at or stop by for a free consultation at . 

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