Frequently Asked Legal
Suffering a physical or emotional injury after an accident caused by someone else’s negligence can bean overwhelming and confusing experience. Victims may have many questions in regards to potential medical malpractice or personal injury lawsuits. For those who have been in an accident, an auto accident lawyer from our New Orleans law firm can help. Serving Metairie, Kenner, and the surrounding areas as well, the team at Harrell & Nowak answers frequently asked questions below.
In Louisiana, you have one year from the time you knew or should have known of the injury or the potential malpractice to bring a claim. If you do not file a negligence or malpractice claim within the time frame, you will be barred from bringing the claim. Because the time frame to file accident and medical malpractice claims is so short, it is best to contact a personal injury and accident lawyer at our New Orleans firm, serving Metairie, Kenner, and surrounding neighborhoods, as soon as you believe you have been injured.
- Get any medical treatment you need.
- Start collecting evidence.
- Take pictures.
- Gather important documents like police reports.
- Call Harrell & Nowak to schedule a free initial consultation.
One of the most important pieces of evidence in medical malpractice cases and injury cases is the medical record. Without an accurate copy of your medical record, it will be almost impossible to prove your medical malpractice case or injury case. Most hospitals and physician offices are aware of requests for medical records made by an attorney. That’s why it’s important for you to get a copy of the medical record from the hospital and the doctor yourself if you can rather than waiting for the attorney to get your record. If asked, you can simply inform the healthcare provider that you need a copy of the records for insurance purposes.
Most of our cases are handled on a contingency basis. This means that we will advance the costs of bringing the case. Also, our Louisiana attorneys don’t collect any fees unless you are awarded damages. If you’d like more information on fees, contact a accident and personal injury lawyer at our New Orleans practice.
Each case is unique. The law generally allows an injured person to recover for pain and suffering, medical expenses, and lost wages. In Louisiana medical malpractice cases there is a cap of $500,000 on a victim’s recovery for damages resulting from medical malpractice. The cap does not include past and future medical costs. While the legal system cannot turn back the clock or make you healthier, we dedicate ourselves to maximizing your recovery for your losses, pain, and suffering.
Again, every case is unique. How long a case takes depends on many factors, including the court, the number of parties, and particular case facts. Some cases can be resolved in months, others can take years.
The average medical malpractice case can last from four to six years. There are several reasons for this. First, a claimant cannot file a medical malpractice lawsuit in Louisiana without first presenting the claim to a Medical Review Panel. Second, doctors and hospitals don’t like to lose medical malpractice cases, so they fight hard and use every legal tactic to delay and postpone your case. Third, because these cases involve expert testimony from physicians, it can take months to coordinate schedules and to find a date to hold the trial.
Other types of cases, such as insurance disputes, premises liability, or car accidents, may take shorter or longer. Contact our New Orleans law firm for more details.