How Babcock Partners Pursues Personal Injury Claims
As your personal injury attorneys, Babcock Partners will seek to obtain all available compensation owed to you. A personal injury claim is a lawsuit that establishes facts of the case and makes “demands” for payment. Our demands will be based on a full accounting of your losses and what’s allowed under Louisiana personal injury / wrongful death law.
To prepare a claim we will:
- Investigate how and why your accident occurred and work to identify parties liable (responsible) for what happened to you.
- Consult medical experts to analyze your medical records to determine the full extent of your injuries and recovery prospects, and calculate your past, present and projected medical costs
- Determine other costs and losses caused by your accident and injuries that the law allows you to seek reimbursement for, including:
- Lost wages after the accident
- Lost capacity for future earnings due to partial or full disability
- Loss of consortium if a spouse has suffered an injury
- Property damage
- Funeral or burial expenses in a wrongful death
- Identify insurance policies applicable to your accident and injuries, and what coverage they provide
- Draft and file a lawsuit on your behalf.
Our first objective is to negotiate a settlement that is the maximum fair settlement and proper given the circumstances of your accident and your losses. This gets money to you faster and without the time and expense of going to court. Once a settlement offer is accepted, the case concludes quickly thereafter, and you can get on with your life.
Because Louisiana is a pure comparative negligence state we must allow for any fault on your part which may reduce the amount of money you recover. We will strongly push back against false claims and work to mitigate other allegations.
Negligence on your part that contributed to your accident should not prevent you from being compensated. However, this requires you to provide your attorneys with all information you have about the accident so that we may protect your rights and interests.
Take Action after a Personal Injury Accident
Here are the steps to take after an accident, if you are able, to help a potential legal claim:
- See a doctor. If you did not require emergency care, visit a doctor within 48 hours of your accident. Some serious injuries have delayed symptoms. Also, receiving medical care begins to document your injuries for a claim. Once under medical care, follow all your doctors’ orders.
- Report the accident. Notify authorities — police, a manager, work supervisors, etc. — of the accident and the fact that you were injured. Complete any form or report required, and ask for a copy before you leave. If there are no set procedures, try to get an email or postal mail address and send a “to whom it may concern” description of what happened to you as soon as possible.
- Gather evidence at the scene. Get photos of the accident scene, such as damage to vehicles in a car accident or the hazard that caused your wreck. Get contact information for all witnesses, or record their statements. Save any personal property that was damaged or soiled as it is.
- Document your accident and recovery. Start a file and keep originals or copies of every record, report, receipt, correspondence, photo, etc., connected to your accident and injuries, particularly if it reflects money spent or lost. Make notes about what happened the day of your accident before and immediately after you were hurt. Document your recovery, including medical treatment, pain, progress, setbacks, and any work, leisure activities or special occasions you miss due to being injured.
- Keep to yourself. Do not publicize potential legal action over an accidental injury. Talk about it only with your attorneys and doctors. Keep your legal business out of social media. Never downplay your injuries or suggest that you were at fault for the accident. Don’t blame or make negative statements about anyone else involved in your case.
- Be careful with the insurance companies. If an insurance adjustor contacts you, be careful what you say. Do not accept blame for your accident. Do not downplay the extent of your injuries. Never sign anything an insurance representative presents to you after a significant accident without the approval of an attorney who is working for you.
Once you engage a lawyer after an accident, you become armed with a magic phrase:
Please contact my attorneys about that.
As your attorneys, Babcock Partners will handle all matters involving insurance companies connected to your case. We can also send “notice of representation” to creditors to advise them that a claim is underway and we expect compensation in the near future. If you have not obtained medical care you require, repairs to a damaged vehicle, or other general assistance, we have local contacts we can refer you to.
Babcock Partners is in your corner when you are a client. We will handle all legal matters surrounding your accident and injuries. We want you to work with your doctors and therapists to get better.