by: Vincent “Trey” Glorioso, III
If you have been injured in any type of accident (car accident, commercial truck accident, slip and fall, trip and fall, etc.) you may be entitled to compensation from the party who caused your injuries. Every personal injury case is distinct and every outcome depends on the parties involved, the facts of the case and the injuries involved.
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Some personal injury cases settle early and easily while others don’t settle for many years and some cases have to go to trial.
Here are the top 5 reasons why a personal injury case may or may not settle as quickly as you want.
1. Liability
Liability is the legal term lawyers use to discuss who is at fault for an accident or injury. In Louisiana, in order to receive compensation for an injury, one must prove that someone else was at fault for causing an injury. If you can prove someone was at fault for an injury then you can prove their liability. In order to win a personal injury case, this is the first thing you must prove. Liability in personal injury cases is the most common issue disputed by big insurance companies. The Glorioso Law Firm prides itself on their ability and experience in proving liability in the toughest of personal injury cases.
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2. Damages
The next thing that needs to be proved in a Personal Injury case is the severity and extent of damages. This is also one of the most common issues litigated in court rooms across the United States. In order to determine damages, your lawyer will need to understand the medical issues involved. The Lawyer will need to have knowledge of medical terms and experience in reading medical records. Often times, your lawyer will need to meet with your doctors in order to discuss your diagnosis. If you have been injured, you will need an experience attorney to help you prove your damages.
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3. Causation
Causation is a legal term that is very important in Louisiana personal injury cases. In order to receive compensation for an injury, you must prove that your injury was caused (causation) by someone’s fault (liability). In general, causation is a medical question. That is, a doctor is typically the person who testifies as to whether someone’s injury was caused by a certain event. For example, in a car accident case your treating physician will usually be the best person to testify as to whether your injuries were caused by the car accident. Most defendants and insurance companies in accident cases will dispute causation and will argue that something else, anything else, caused your injuries. In fact, some insurance companies (Allstate, State Farm, Geico, Progressive, Liberty Mutual) will go as far as hiring (paying) their own doctor to testify against you. This is called an IME (independent medical exam) although most often it is anything but independent. At the Glorioso Law Firm, we refer to these exams as insurance medical exams because they are paid for and in effect bought by the insurance company defending the lawsuit. The Glorioso Law Firm has 90 years of combined experience in fighting these “IME’s”. You will need an experienced personal injury attorney to prove causation in most cases.
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4. Insurance Coverage
In most cases, your ability to recover compensation will be limited to the amount of insurance coverage available. An experienced personal injury attorney will be able to figure out all available coverages and the amount of said coverage. Some cases settle quick and easy because their is not enough insurance coverage and some settle quickly because the insurance coverage is so much that it’s easy to pay a small claim. However, a lot cases fall somewhere in between and insurance companies love to try and settle for less then the insurance coverage available. If your injuries require compensation that equals or exceeds an insurance policy, The Glorioso Law Firm has the experience to get you fully compensated whether by settlement or trial.
“The Glorioso Law Firm believes that anything less then full justice is injustice”
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5. Attorney Skill and Experience
Cases are more likely to settle if the lawyer handling your case is a skilled personal injury trial attorney and has specific experience in handling personal injury cases. In cases that don’t settle is it critical to a fair recovery that you have an experienced personal injury trial attorney. This means that when hiring an attorney, you need to make sure they have experience in handling your type of case and that includes going to trial and jury trial experience. In addition, make sure that your attorney has the time and resources that your case deserves. The Glorioso Law Firm only handles personal injury cases and we have a distinguished record of jury trial experience. That means that we have the time, knowledge and resources to get you the compensation you deserve. Insurance companies and defense firms know who the experienced personal injury trial attorneys are and who are not. In addition, your opponents (defense lawyers and insurance company adjusters) will know a lawyers skill level based on that lawyers past experience and their skill in presenting your case. This determination is made at the very start of your case and continues until the case is resolved. The way your attorney handles depositions and Court hearings have a big impact on what defense attorneys and insurance companies think about your case. The Glorioso Law Firm is proud to have earned the respect of the major defense firms and Insurance adjusters throughout the country. What the other side thinks of your attorney and their abilities can greatly effect whether your case is settled, the amount of the settlement and the timing of the settlement.
Respected Louisiana Accident Personal Injury Trial Lawyers
If you have been in any type of incident or accident involving physical, mental or emotional injuries and you believe someone is to blame, call The Glorioso Law Firm and let our family fight for yours. We have handled almost every type of case you can think of from car accident and slip/trip and falls to medical malpractice and Plane crash cases. We have also handled sexual assault cases as well as fraternity liability cases. If you have been injured and you believe some one else is to blame, we are here to help.
It doesn’t matter whether you live in New Orleans, Metairie, Kenner, Gretna, Covington, Mandeville, Slidell, Baton Rouge, any other city in Louisiana or anywhere in the world, if you have been injured in Louisiana or you live in Louisiana and were injured elsewhere The Glorioso Law Firm has the experience you need.
In fact, one of the partners at The Glorioso Law Firm, Vincent “Trey” Glorioso, III, recently handled a car accident case in Alaska which resulted in a successful six figure jury verdict for our client who was injured in Alaska but the client lived in Louisiana and the doctors were in Louisiana.
Let Our Family Fight For Yours!
Those are just some of the reasons why your personal injury case may or may not settle and the quickness in which your case may or may not settle.
Every case is different. You need an experienced Louisiana accident attorney to help get you the fair and reasonable compensation you deserve. Contact The Glorioso Law Firm at 504-569-9999 for a free case evaluation.