The A to Z of the Lawsuit Process in New Orleans: What You Need to Know

Apr 28, 2023

Not every personal injury case makes it to court, leaving millions of injured people without compensation. 

The difference between those who have recovered compensation and those who have not, despite suffering damages due to someone else’s negligence, lies in two things: how they followed the lawsuit process and who is representing them.

If you are seeking compensation for an accident that resulted from someone’s negligence, this guide will help. Below you will find detailed steps on how to file a lawsuit in New Orleans.

Should you seek a partner with an injury law firm with a proven track record of helping personal injury victims gain compensation, Wright Gray Trial Lawyers may be able to help.

Step 1: Filing the Case

Once you have decided that you are suffering as a result of another’s negligence, the first step will be to file the case. A civil lawsuit must be filed within the county where the defendant resides. When you get to the civil court, remember to request the appropriate complaint forms for your case.

You may personally serve the defendant or hire someone to deliver the petition on your behalf.

Step 2: Discovery

This second stage is where your case lies. In this phase, you and the defendant will gather information about the accident.

You may conduct depositions, request access to surveillance footage or review eyewitness reports. Everything you gather in the discovery stage will help you build a strong case.

Step 3: Pretrial Resolutions

Going before the judge and jury can be an expensive and strenuous process. That is why it is usually better to settle outside the courtroom. Some out-of-court settlements include arbitration and mediation.

Regardless of how much evidence you have, we wouldn’t advise anyone to handle this process without a lawyer.

It may be a good idea to hire a personal injury attorney to help you handle possible negotiation talks. The presence of an attorney can be the difference between a subpar settlement and a fair one that covers all of your damages.

Step 4: The Trial

Should you and the defendant fail to reach an agreement, the next step will be to take the case before the judge or jury.

The trial landscape differs from mediation or any form of alternative dispute resolution. A trial in New Orleans is in five parts. The first part will be the opening statements. The statements will be followed by evidence and witness cross-examination.

The third stage is your final chance to sway the case. Here you render your closing arguments. If there is a jury, tell them what you would like them to do with the information you presented.

The second final stage is the judge’s instruction to the jury. And at last, we have the verdict.

Step 5: The Appeal

There is a possibility that when you win the case, the defendant will file an appeal. So you will also have to prepare for the appeal stage. But remember, an appeal is not synonymous with a retrial. The defendant may not present any new evidence or information. 

Completing the Lawsuit Process with Wright Gray

The lawsuit process in New Orleans has five steps. And the core of your case rests in how well you carry the burden of proof. But it doesn’t mean you have to do it alone. If you partner with Wright Gray, we will look through your case with you and help you comb through evidence.

With over 60 years of combined experience, we are the legal team in New Orleans to help you handle personal injury lawsuits.

Schedule a consultation with us for more information.

If you or someone you know has been injured, protect your future and your rights

Contact Wright Gray TODAY for legal guidance

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