claims-process
legal-process
- 3 PEOPLE TO TALK TO AFTER A CRASH After a car crash, three people can help you protect your interests: the police, who create an official record and collect witness details; a doctor, who documents injuries that may not be immediately apparent, such as whiplash; and an attorney. Stay calm at the scene and avoid admitting fault.
- Legal Process Legal process is the formal sequence of steps and official documents through which a legal matter is started, handled, and finished. The term covers both the route a case travels and the court-issued papers that move it along, such as a summons, a subpoena, or a writ.
- LITIGATION FINANCING: A NOVEL LEGAL PRACTICE Litigation financing, also called non-recourse financing, is a loan advanced against a case's potential settlement. If the plaintiff loses, the financer recovers nothing; if they win, the financer recovers the loan plus interest, which can reach 100% or more of the original amount.
- Unveiling the Power of Graphic Design in Legal Trials Trial graphics help attorneys summarize and visualize a case's key facts, connect the pieces of a client's story, and convey those facts to a jury. This page explains what a trial is, how the process unfolds from jury selection through opening statements and the presentation of cases, and how trial graphics are created, presented, and used in the courtroom.
- WHY YOU CANNOT WAIT TO SEE A DOCTOR AFTER A CRASH People often walk away from a car accident feeling fine, but feeling no pain does not mean you are uninjured. Latent injuries such as whiplash, concussions, internal bleeding, and organ damage may not show symptoms until days or weeks later.
- WHY YOU SHOULD NEVER POST ABOUT YOUR CRASH ON SOCIAL MEDIA Anything you post on social media after a car accident can be used against you in your claim. Statements about how the crash happened may suggest fault, and photos may be used to argue your injuries are less severe than claimed. Even private posts can be obtained by subpoena.
liability
- MALINGERING: WHAT PERSONAL INJURY PLAINTIFFS NEED TO KNOW What is Malingering? If you were injured because of someone else’s negligence or actions, you have the right to seek compensation for your losses. However, defendants, insurance companies, and workers’ compensation programs are often reluctant to pay that compensation. One way these parties try to avoid paying compensation is by accusing the victim of lying […]
- Should I Use a Chiropractor After an Accident Being involved in a car accident can be a painful experience, often causing injuries that may last for weeks, months, or even years. If you’re experiencing pain from an auto accident, you may be wondering if you should see a chiropractor to help deal with your pain. Below, we will answer some of the most […]
- What is an Assumption of Risk in Personal Injury Claims? A defendant may argue assumption of the risk if the plaintiff’s risky behavior caused their harm. Learn about this defense in personal injury cases.
litigation
louisiana-law
negligence
- An Employee's Duty of Care in an Emergency Whether a worker must act in an emergency turns on duty of care -- and that usually depends on company policy and the scope of the job. When an employer narrowly defines duties or fails to train staff, the employer, not the worker, often bears responsibility under vicarious liability and respondeat superior.
- What Is Breach of Duty? Breach of duty occurs when a person’s actions breach the standard of care required of all individuals. It factors heavily into personal injury claims.
process
- Are Class Actions and Mass Torts the Same? No. Class actions and mass torts both let large groups of injured people pursue compensation, but they differ in plaintiff control. In a class action, a class representative controls the case and members share one outcome. In a mass tort, each plaintiff keeps a separate, individual claim that is coordinated with others for efficiency.
- Filing An Injury Lawsuit In Caddo Parish 1St Jdc Vs Bossier Parish 26Th Jdc You file your injury lawsuit in a parish where the law permits it, not where instinct or convenience points. People often assume they sue in the parish where they live or where their lawyer's office sits. Louisiana does not work that way.
- How Do Prior Injuries Affect Personal Injury Cases? Learn how prior injuries and pre-existing conditions impact personal injury claims, strategies for plaintiffs, and what the eggshell plaintiff rule and related legal concepts mean.
- How to Prepare for a Deposition A deposition is sworn, out-of-court testimony given before trial, recorded by a court reporter, where an attorney asks questions and the witness answers under oath. Under the Federal Rules of Civil Procedure, it is one of the main tools parties use to learn the facts of a case before a courtroom ever comes into the picture.
- Settling vs. Going to Trial: Which Is Better for Your Case? Settling resolves a case by agreement. The parties negotiate terms, the plaintiff signs a release, and the dispute ends without a judge or jury deciding who was right. Going to trial puts the dispute in front of a court, where a judge or jury hears the evidence and decides the outcome.
- Social Media During An Injury Claim The safest rule is to stay off social media about anything connected to the accident, your injuries, your treatment, or your claim until the case is resolved. You do not have to delete your accounts or vanish from the internet.
- THE ROAD TO A PERSONAL INJURY CASE There are no two personal injury cases that are exactly the same due to all the different factors that go into them. Everything from who was hurt, how the accident happened, the damages owed, applicable liability laws, and more all change the way a claim or lawsuit looks. Yet, as our team from Morris & Dewett Injury […]
- What Happens at a Deposition? A deposition is a question-and-answer session where a witness answers questions out loud after promising to tell the truth. A lawyer asks the questions. A court reporter writes down every word. It usually happens before trial and away from any courtroom.
- What Is a Class Action Suit? A class action is a civil lawsuit filed on behalf of a large group of people who suffered similar harm from the same defendant. One or more named plaintiffs represent the entire class, so each member does not have to sue separately. A court must certify the class, and the outcome — settlement or verdict — binds every member who does not opt out.
- What Is a Mass Tort? A mass tort is a single coordinated proceeding that handles many plaintiffs who suffered similar injuries from the same product, drug, disaster, or course of conduct. Each plaintiff keeps a separate claim and proves their own damages, but the cases are consolidated before one judge to streamline discovery. It can join anywhere from a few dozen to tens of thousands of injured people.
- What Is Arbitration? Arbitration is a form of alternative dispute resolution where the parties agree to submit a dispute to one or more arbitrators, who hear the evidence and issue a binding decision called an award. It is contract-based — the parties must have an arbitration agreement first — and it generally resolves faster and more privately than a court trial, but with limited discovery and almost no right to appeal.
- What Is Discovery in an Injury Lawsuit? Discovery is the pre-trial stage of a lawsuit where both sides exchange evidence and information before the case reaches trial. It happens after a lawsuit is filed. Each party gets to see what the other side knows, what documents exist, and what witnesses will say.
- What Is Mediation? Mediation is a private, voluntary process where the parties to a dispute and their attorneys sit down with a trained, neutral mediator to work toward a jointly acceptable resolution. It is faster, cheaper, and less formal than litigation, gives the parties more control over the outcome, and stays confidential — if it fails, either party can return to court.
- What Is the Difference Between a Criminal and Civil Case? A criminal case is brought by the government to punish someone accused of a crime, and conviction can mean jail, fines, or lost rights. A civil case is brought by a private party seeking compensation or an order to act, and the only remedy is money or an injunction — never prison. Criminal cases require proof beyond a reasonable doubt; civil cases only a preponderance of the evidence.