Lake Charles Personal Injury Lawyer

Lake Charles Personal Injury Attorney

When you require assistance and representation for a personal injury, you need a skilled professional who fully understands the legal and the medical issues involved. Lee M. Schwalben, M.D., J.D., is a Lake Charles personal injury lawyer who also practiced medicine for many years and fights to protect the rights of his clients as vigorously as he protected the lives of his patients.

Helping Accident Victims Throughout The Lake Charles Area Of Louisiana

At the law office of Lee M. Schwalben, M.D., J.D., LLC, we represent individuals and families who have suffered losses because of accidents caused by others, including:

• Car and auto accidents: These types of accidents are quite common, but the injuries that result from them can be severe. Injuries can range from traumatic brain injury to soft tissue damage as a result of whiplash or even severe burns and scrapes. It is important to see a healthcare provider as soon as possible after a car accident to document any injuries. Even minor issues can turn into complications in the days after an accident.
• Trucking accidents: Injuries tend to be worse when large trucks are involved. These cases may also involve negotiating with the trucking company instead of traditional insurance companies, which can be difficult to do without the help of an attorney.
• Toxic exposure, industrial accidents and third-party worksite injury claims: Depending on your situation, you might be eligible for workers’ compensation or damages from a personal injury claim if you are injured while at work. The type of claim depends on whether or not an employer was negligent in a way that directly resulted in your injuries.
• Jones Act and maritime law injured workers’ claims: Individuals who work on or near a ship or docks are covered under different laws than traditional employees. If you have been injured as an employee in the shipbuilding or maritime industry, contact an attorney to determine what types of damages might apply to you and how to receive them.
• Aviation accidents: There are several different parties that might be liable in a personal injury claim involving a plane crash, including an airline, the pilot or plane owner, or other airport staff. These cases often require negotiating with large airline companies, which is most effectively done with a legal professional.
• Medical mistakes and defective drugs: Medical procedures can be risky, but they can sometimes be even more dangerous due to a doctor or hospital’s negligent actions. There can also be issues with drugs or their dosing that can cause serious harm to a patient. Medical malpractice claims usually have additional requirements on top of what’s needed for a standard personal injury claim, so contact an attorney for additional details.

Get help from a lawyer who is a former doctor

Using his medical background, lawyer Lee M. Schwalben, M.D., J.D., LLC helps each client build the best possible case for recovery from serious and fatal accidents. We understand the complexities and long-term consequences personal injuries and wrongful deaths can have on families and loved ones.

We will provide you with compassionate and dedicated representation as we help you pursue just compensation for such losses as:

• Medical bills and future treatment
• Lost wages for time off work
• Lost earning capacity
• Pain and suffering
• Other damages

What Do I Need to Win My Personal Injury Case?

Personal injury cases operate on what’s called a duty of care. This is an obligation that one party has toward another, and it differs depending on the context. For example, all drivers have a duty of care to drive in a way that keeps others using the roads safe, including other drivers and pedestrians. Owners of buildings that are open to the public have a duty to maintain their buildings to prevent visitors from being injured, or they must at least notify visitors about hazards.

In order to prove a personal injury case, you must be able to prove that someone else breached their duty of care in a way that caused you injuries. The way this is done is different depending on who injured you, but many cases use similar types of evidence to prove injuries and their causes.

Attorneys can use things like medical records, photo and video evidence of the scene, and testimony from both professionals and eyewitnesses to help with your case.

Why Do I Need an Attorney for My Personal Injury Claim?

After you’ve experienced injuries firsthand, it can be easy to convince yourself that your case is straightforward. However, these types of claims must usually go through insurance companies and large organizations, which is not an easy task.

These companies regularly work with victims of personal injury claims to deny or limit damages. Someone who is inexperienced with personal injury law might accept a lower offer than they could have gotten with the help of an attorney.

An attorney is also experienced in finding evidence of your injuries to prove negligence. They can contact businesses for security footage and ask witnesses to testify on your behalf to prove your claims. A legal representative can help do the legwork for your case so that you can focus on recovering from your injuries.

Many legal cases do not go to trial and attempt to settle beforehand. Even if your case never appears in a courtroom, you might still be able to recover more damages with an attorney than you could on your own. In the case that you do end up in court, an attorney can help convince the jury of the severity of your injuries and that the defendant caused them.

Limitations to Your Personal Injury Claim

There might be some restrictions to your claim that affect how much you can earn in damages. In Louisiana, certain types of personal injury claims have caps on the amount of damages you might earn. There are also time limits to how quickly you need to file a claim. If you were at least somewhat at fault for your injuries, determination of fault could also reduce the damages you might receive.

Damage caps apply to medical malpractice claims and some premise liability claims. Medical malpractice claims have a damage cap that does not count future medical expenses. Most premises liability claims do not have caps unless they occur on government property.

Louisiana has a strict statute of limitations for personal injury claims, which is the time limit by which you have to file a case with the court. The time limit begins when the injury occurs. There are some exceptions to this statute, but they usually only apply to rare circumstances. This can seem like a long time, but most individuals only file a claim after they have been unsuccessful in negotiating with an insurance company, which can take several months.

One form of a personal injury claim is medical malpractice. Some of the most common medical malpractice claims involve a healthcare provider failing to diagnose their patient with a disease that is discovered later.

This can lead to suffering worse side effects down the line. The timing of a failure to diagnose case can be tricky, especially regarding the tight statute of limitations, so contact an attorney as soon as possible in this instance.

Understanding Pure Comparative Negligence

In some accidents, the injured person is somewhat at fault for what happened. This does not mean that they are not entitled to damages at all, however. Instead, they can be given damages determined through pure comparative negligence.

The victim is usually assigned a percentage of fault, which is then deducted from their damages. For example, if you asked for $10,000 and were 10% at fault, you could receive up to $9,000 in damages.

This is a helpful way for victims to still recover damages that resulted from someone else’s negligence, even if they were slightly at fault. However, comparative negligence only applies to court cases. Insurance companies are not beholden to this rule, but they might still try to adjust your settlement based on comparative negligence. To assist you with difficulties surrounding your personal injury case, contact an attorney to avoid common issues.

Personal Injury Claim Process

Personal injury claims vary widely based on the unique circumstances involved in each case, but most follow a set order of events. The timeline can also be quite different depending on what each step entails and who is involved in each part of the process.

1. Accident: An accident could be anything from a car accident to a slip and fall, suffering injuries from a doctor or hospital, or a product exploding or failing. In any case, it is most important to document as much evidence as possible and receive medical attention. Document things like photos and videos of the scene, as well as your injuries, and gather the contact information of any other parties involved in the accident.
2. Medical Care: Regardless of how severe your injuries are, it is a good idea to get medical attention so that there is documentation of your injuries from a medical professional. Injuries can also get worse over time, especially as endorphins start to fade after an accident. Seeing a healthcare provider early on can prevent further complications as a result of your injury.
3. Review Your Case: An attorney can review what happened in the accident and any evidence you have to determine what a positive course of action could look like. Most cases do not go to trial, so they might instead suggest a negotiation with an insurance company. In the event that your case should go to trial, they can help prepare your case and represent you.
4. Working With Insurance Companies: Most personal injury cases involve negotiating with an insurance company. The specific company depends on the type of injury and who might be the negligent party. An attorney can help stand up for you during this process to avoid refusals or low offers from an insurance company. They can also help speed up the process to make sure you are still within the statute of limitations.
5. Court Filing: If the negotiation process is unsuccessful, it might be time to file a claim in court. This does not mean your case has to go to trial, but it does begin the discovery process, where both parties find evidence to support their claims. In the unlikely event that the case is not settled out of court before the date of the trial, the case will proceed as normal under a judge and a jury.
6. Verdict: Receiving a settlement before trial or a positive verdict in court results in a settlement paid to the victim. This amount is adjusted to compensate for legal fees and attorney fees and is then paid out to the injured party. The exact amount of damages is highly variable from case to case.

Medical Review for Personal Injury Claims

Medical malpractice claims require additional verification in the form of a medical review before a claim can be filed. These claims can only be filed against people with valid healthcare licenses, so once a request is filed, the Louisiana Commissioner of Administration and Office of Risk Management can verify the claim and set up a medical review panel.

This panel usually consists of doctors and an attorney who have up to one year to review the case and determine whether it is legally valid or not. Evidence collected by yourself and your attorney can help influence their decision. After they are done deliberating, they will notify you of their opinion. If you would like to file a claim after this review is completed, you have a time limit by which to do so, regardless of their opinion on your case.

While you are free to continue with your claim even with a negative review from the panel, their decision is admissible in court. If they come to a negative opinion on your case, the report might harm your case and result in negative outcomes. This is why it is so important to work with an attorney while filing the initial request because they can include as much information and evidence as possible to support your argument.

Can I File a Personal Injury Claim for a Criminal Act?

You can file a personal injury claim against another individual regardless of whether or not they are charged with a crime. A personal injury claim is filed in civil court, while a case like assault or battery is filed in civil court. These are two separate processes with different requirements to prove wrongdoing.

The goal of a civil personal injury claim is to give the victim compensation for the negligent or reckless actions of another individual. The goal of a criminal case is for the state to determine whether or not an individual is guilty of a criminal act and deserves consequences. Even if a defendant is found to be not guilty of a criminal act, they might still be liable for damages in a personal injury claim.

Claims involving assault or battery are quite similar to other personal injury cases in the sense that you must prove that the defendant’s actions injured you. Documentation of your injuries and subsequent medical treatment can be effective evidence in a personal injury claim regarding assault or battery. The amount you might be able to recover depends on the severity of your injuries and how they affect your ability to work and live.

Unfortunately, most people do not have insurance policies that cover assault or battery. One of the most challenging aspects of these personal injury claims is receiving the damages you ask for. For more information on personal injury claims involving criminal activities, discuss your situation with an attorney. They can educate you on a useful route to take for your claim.

We Understand. We Can Help.

To schedule your free initial consultation with our Lake Charles personal injury lawyer, send us an email or call us at 337-494-5757. If you don’t win, you pay no attorney fees.

FAQs

How Long Does a Personal Injury Claim Take in Lake Charles?

In Lake Charles, the amount of time a personal injury claim can take is highly variable and dependent on the circumstances. The time it takes to settle is influenced by the size and scope of the case, the severity of injuries, how long negotiations take, and whether or not the case goes to trial. For more information on how long your personal injury claim might take, contact a Lake Charles personal injury lawyer.

What Is Included in Personal Injury Damages in Lake Charles?

In a personal injury case, damages are the monetary rewards one can recover for their injuries. These damages can include things like past and future medical expenses, lost wages due to missing work, and money to pay for property damage. Non-economic damages might also apply to a case, including compensation for pain and suffering and loss of quality of life. The amount in damages varies depending on the context of the case.

How Do I Prove a Personal Injury Claim?

In a personal injury claim, the plaintiff (the one filing the claim) must prove that the other person or party (the defendant) had a duty to care for the well-being of the plaintiff. This can include sharing the road with them, entering a building owned by them, receiving medical care from them, and many other situations. Next, it must be proven that the defendant’s negligent or reckless actions caused the plaintiff’s injuries.

Is There a Statute of Limitations for a Personal Injury Claim in Lake Charles?

There is a statute of limitations for a personal injury claim in Lake Charles. There are some exceptions, but most individuals must file a claim with the court within the time limit. This means that it is important to file a claim as soon as possible to ensure you do not miss out on available damages. For assistance with filing a claim quickly and accurately, contact a Lake Charles personal injury attorney.

Professional Guidance for Your Situation

Due to Louisiana’s strict statute of limitations, it is important to act quickly when deciding whether to file a personal injury claim. For a straightforward evaluation of your case, schedule a consultation with Lee M. Schwalben, M.D., J.D., LLC. He offers unique strategies and skills due to his experience as both an attorney and an MD.