New Orleans Personal Injury Lawyer

Upon your initial outreach to Cueria Law Firm, LLC in New Orleans concerning a personal injury matter, we will engage in a preliminary discussion to understand the specifics of your situation. We’ll inquire about the incident’s date, the nature of the accident, the injuries sustained, and any actions you’ve already undertaken regarding your case.

Following this initial contact, you will have the opportunity to consult with our seasoned Personal Injury Attorney in New Orleans at no cost. This consultation can take place either via telephone or face-to-face in our New Orleans office. During this discussion, our attorney will examine the details of your case and offer guidance on the best steps to take moving forward. It should be noted that there are instances where we might decide not to proceed with your case. This decision is based on the specifics of your situation and does not necessarily imply the absence of a valid claim, rather it may not align with the case types our firm typically handles. We are open to explaining our rationale should we decide not to accept your case.

Should our attorney determine that your case complements the focus of our firm, we will extend an offer for legal representation, formalized through a retainer agreement. This contract will authorize our firm to represent you in your personal injury claim, allowing us to communicate with relevant parties on your behalf. It also stipulates that any settlement decisions or case closures must be discussed with our firm before proceeding. The retainer will detail the fee structure, which is contingent upon the successful resolution of your case, meaning that there are no upfront attorney fees required.

Securing consistent medical care is a crucial element for those who have sustained injuries and are seeking a favorable outcome from their claim. While our firm is not in a position to provide medical services, we are equipped to assist you in locating and scheduling appointments with medical professionals within the New Orleans area.

Our collaboration with various local medical providers, including chiropractors, neurologists, and MRI technicians, allows us to facilitate the deferment of your treatment costs. This approach is a key part of how we support our clients, enabling them to concentrate on recuperating without the added pressure of immediate financial burdens due to their accidents.

As part of our commitment to your case, our New Orleans Personal Injury Lawyer will diligently gather your medical records. Should we observe any lapses in your adherence to the prescribed treatment regimen, we may reach out to ensure your recovery stays on track. Full transparency regarding your physical and emotional state is vital, as this information is documented and becomes part of the evidence used to articulate your claim to the insurance company or to hold the responsible party accountable during the negotiation phase. In certain scenarios, your healthcare provider might also be requested to provide a statement or deliver testimony in court to detail the extent and impact of your injuries.

During the period of your medical treatment, our team of personal injury attorneys in New Orleans will be actively conducting an investigation and amassing evidence to substantiate your claim. If it has not been done already, we will initiate an insurance claim on your behalf. Our first step involves dispatching a Letter of Representation to the insurance company or the party at fault. This letter serves to notify them that we are your legal representatives and that they should direct all communications regarding your claim to our office. To maintain the integrity of your case, it is imperative that you inform us at once if you are contacted directly by the insurance company or the defense regarding your case.

A key factor in ensuring a positive resolution to your claim is ongoing medical care from qualified professionals. While our firm does not provide medical treatment, we are able to assist in finding appropriate medical practitioners in New Orleans and in arranging necessary appointments.

Through partnerships with an array of local medical providers, including chiropractors, neurologists, and MRI technicians, we are positioned to facilitate your treatment without requiring payment upfront. This service is one of several ways we support our clients in prioritizing their health and well-being, alleviating concerns about the costs incurred due to their accidents.

Our legal team will regularly procure your medical records and stay in communication with you to monitor your adherence to your treatment protocol. It’s also crucial for you to be open about the details of your physical and emotional condition. The information you provide contributes to a comprehensive medical record that becomes a cornerstone in negotiating with the insurance company or in holding the responsible party accountable. In some instances, it may be necessary for your healthcare provider to present a recorded statement or to provide testimony in a court setting to offer insight into the nature of your injuries.

Once your treatment has finished, or at the point where we have gathered sufficient evidence of how much medical treatment you will need in the future, we will write a demand to be submitted to the insurance company. This will outline the evidence we have including your medical records, our estimates for what your future costs associated with the injuries are, and references to past trial decisions in similar New Orleans personal injury cases..

Insurance Negotiations

It is commonplace for insurance companies to challenge our initial demand. They may either extend a counteroffer or request further documentation. When an offer is extended to you, our legal team will consult with you, providing guidance on whether it aligns with your interests. We remain committed to negotiating persistently to secure an offer that reflects the value of your case.

The insurance company generally prefers to settle claims without resorting to court due to the potential high costs associated with litigation. In instances where direct settlement is not feasible, mediation might be proposed, where an impartial mediator aids in reaching a consensus that a judge will finalize. This approach is often less time-consuming and more cost-effective compared to court trials.

The Litigation Process

If the case advances to court, we will file a lawsuit on your behalf, where you will be designated as the “Plaintiff.”

• Discovery Stage: The litigation begins with the discovery phase, where both parties exchange pertinent information, such as personal details, historical data, and medical records. Our role is to ensure that your responses are both accurate and strategically sound.
• Depositions: We will conduct depositions to secure formal statements from various individuals, whether they are witnesses to an incident or medical professionals. These sessions are meticulously documented to ensure a thorough record exists for both sides.
• Trial: Should negotiations not lead to a settlement, the case proceeds to trial. Here, the full spectrum of evidence and testimonies will be meticulously presented. The judge or jury then makes a determination on fault and potential compensation.

Trials can be extensive and costly, so our aim is always to achieve the most favorable financial result for you. We will carefully evaluate all aspects of your case to advise whether the potential benefits of a trial outweigh the financial and emotional costs, often recommending a settlement when it serves your best financial interest.

After we’ve successfully negotiated a settlement that meets your approval or concluded a trial, there are still a few procedural steps to take before you can receive your funds.

Throughout the course of your claim, we will have accumulated all your medical invoices as a result of your accident. These will be organized into a detailed expenses ledger which will be reflected in your final settlement documentation. This process also involves reaching out to government programs like Medicaid or Medicare to verify whether they have covered any of your treatment costs, as reimbursement to these programs may be necessary. Our responsibility is to navigate these complexities and ensure that all obligations are settled appropriately as part of the finalization of your claim.

If there are any settlements or liens incurred due to past debts – common sources of these notices include healthcare providers, overdue child support, or previous legal counsel if you have changed lawyers during this case – we can diligently scrutinize each claim and work to negotiate these amounts on your behalf. It’s possible that we might issue you a provisional payment from your settlement, retaining a portion that could potentially be claimed by lienholders until these matters are fully resolved.

When we have a complete picture of the distribution of your awarded funds, we will reach out to you to arrange a meeting to finalize the settlement. At this meeting, your attorney will go over the legal implications of accepting the settlement offer, which typically involves relinquishing any future claims related to the incident. This is the time to address any uncertainties or questions you might have with your legal team. Once everything is clear and agreed upon, the process concludes with you receiving your settlement check.