FAQs

FAQs
Have questions about your personal injury case? You're not alone. We've compiled answers to the most common questions our clients ask — from choosing the right attorney to understanding the legal process, fees, timelines, and what to expect every step of the way. At Daniels & Washington, LLC, we're here to provide clear, honest answers so you can move forward with confidence.
We combine aggressive representation with compassionate client service, personalized attention, and proven results in Louisiana personal injury law.
Ask for regular updates and timelines. Reputable lawyers are transparent about progress and next steps.
Yes. Your lawyer should explain all major steps and allow you to make the final call on settlements or trial.
A good lawyer will provide regular updates and be available for questions throughout your case.
Many firms provide client portals, phone check-ins, and email summaries to keep you in the loop.
Yes. A wrongful death lawsuit can be brought by immediate family members. Client Support and Case Management
You can file a civil injury claim and may be entitled to punitive damages in addition to compensation.
Yes. Passengers often have strong injury claims against at-fault drivers.
You may have a workers’ compensation claim, but also a personal injury claim if a third party was involved.
Yes, if the property owner was negligent in maintaining safe conditions.
You may still have a valid case. Document the changes and talk to a lawyer immediately.
Don’t accept it before talking to a lawyer. Early offers are often much lower than you deserve. Specific Case Types
You can still hire a lawyer to take over and protect your rights moving forward.
No. Anything you post can be used against you. It’s best to stay silent online until your case is resolved.
Call 911, seek medical help, take photos, exchange info, and don’t admit fault. Then call a lawyer as soon as possible.
You may still recover compensation through your uninsured motorist (UM) coverage or other avenues. After an Accident
Yes. Your settlement may include future medical expenses if your injury requires ongoing treatment.
Yes. If your injury caused you to miss work, you can claim those losses.
It depends on the severity of your injury, medical expenses, lost wages, and how your life has been impacted.
No. Always consult your lawyer first. Insurance companies often try to get you to say things that hurt your case.
Absolutely. Photos of the scene, injuries, and property damage can be critical evidence. Insurance and Compensation
Yes. Pain and suffering, including emotional distress, are part of many personal injury settlements.
ER reports, treatment notes, imaging results (like X-rays or MRIs), and all bills related to your care.
Many lawyers can connect you with doctors who will treat you and wait for payment from your settlement.
Yes. Some injuries take days to appear, and having medical records is crucial for your case.
A good lawyer will explain all costs upfront, including court filing fees, expert witnesses, or medical records. Medical Care and Evidence
No. You shouldn’t pay anything out of pocket to hire a personal injury lawyer under a contingency agreement.
If your lawyer works on contingency, you owe nothing if there is no recovery.
Typically between 33% and 40% of your settlement or verdict.
Most work on a contingency fee basis, meaning they only get paid if you win.
It’s a formal letter your lawyer sends to the insurance company requesting a specific settlement amount. Costs and Fees
Negligence means someone failed to act with reasonable care, leading to your injury.
You may still recover damages, but your compensation could be reduced. Louisiana follows a comparative fault rule.
They often try to minimize payouts. A lawyer helps protect your rights and ensures you're not pressured into low offers.
A settlement is a negotiated agreement before trial. A verdict is a court’s decision after trial.
In Louisiana, you typically have 1 year from the date of the injury to file a personal injury lawsuit.
Not always. Many personal injury cases settle out of court. But if trial becomes necessary, your lawyer will prepare and guide you.
It varies. Some cases settle in a few months, while others—especially if they go to trial—can take a year or more.
If you were injured and someone else may be legally responsible, you likely have a case. A lawyer can evaluate the details during a consultation.
It’s a legal claim brought by someone injured due to another person’s negligence or wrongdoing.
Yes. Most personal injury lawyers offer free consultations so you can ask questions and evaluate if they're a good fit. Understanding the Legal Process
Pay attention to how well they listen, whether they answer your questions clearly, and how often they follow up.
Not necessarily. What matters most is dedication, responsiveness, and results—many smaller firms provide more personal attention.
That’s completely okay. A good personal injury lawyer will walk you through every step and keep things simple and transparent.
Yes. You have the right to change lawyers at any point, though timing may affect how fees are distributed between your old and new attorneys.
Ask about past settlements, trial verdicts, and client testimonials. You can also check online reviews and state bar records.
Yes. A local lawyer understands your state’s laws, judges, and insurance practices—giving you a significant advantage.
Yes. Lawyers who focus solely on personal injury are more knowledgeable about relevant laws, insurance tactics, and how to maximize your recovery.
Ideally, your lawyer should have several years of experience handling cases similar to yours—such as car crashes, slip and falls, or 18-wheeler accidents.
Look for experience, proven results, communication style, client reviews, and a focus on personal injury law.
Trust. You need a lawyer who is not only experienced and skilled but also one who listens to you, communicates clearly, and who you genuinely believe has your best interests at heart throughout the entire process.
No. We strongly advise all clients to refrain from posting anything about their accident, injuries, or daily activities on social media. Insurance companies will actively look for photos or posts they can use to argue that you are not as injured as you claim.
Yes. Claims against government entities (city, state, or federal) have very strict and often much shorter notice deadlines and different procedural rules. It is critical to contact a lawyer immediately if you believe a government agency is at fault.
Insurance adjusters are trained professionals whose job is to minimize the amount the company pays out. They may use your statements against you or offer a quick, low settlement before the full extent of your injuries is known. An experienced lawyer levels the playing field, handles all communications, and fights to maximize your compensation.
You will likely need a lawyer who is licensed to practice in the state where the accident occurred, as that state's laws will govern your case. Our firm can often refer you to a trusted colleague in another state if needed.
Generally, compensation for physical injuries and related emotional distress is not considered taxable income by the IRS. However, portions of a settlement for lost wages or punitive damages may be taxable. You should consult with a tax professional about your specific situation.
This is a claim made by the spouse of an injured person. It seeks damages for the loss of companionship, affection, and intimacy that resulted from the victim's injuries.
Punitive damages are awarded in rare cases where the defendant's conduct was exceptionally reckless, malicious, or intentional (e.g., a drunk driver causing a severe crash). They are not meant to compensate the victim but to punish the defendant and deter similar conduct in the future.
Yes, absolutely. Some serious injuries, like internal bleeding or soft tissue damage, may not show symptoms immediately due to adrenaline. Seeing a doctor creates a medical record linking your injuries to the accident, which is vital evidence for your case.
Under the "eggshell skull" rule, a defendant is responsible for all harm they cause, even if the victim was more susceptible to injury due to a pre-existing condition. You can be compensated for the aggravation or worsening of a pre-existing condition caused by the accident.
If the at-fault driver has no insurance or not enough insurance to cover your damages, you may be able to file a claim under your own auto insurance policy's Uninsured/Underinsured Motorist (UM/UIM) coverage. It is critical to have this coverage.
Yes, most likely. If your health insurance paid for medical bills related to your accident, they have a right of "subrogation." This means they have a legal right to be reimbursed from any settlement or verdict you receive. Your lawyer will negotiate to reduce the amount you have to pay back.
There is no exact formula. It is a subjective value based on the severity and permanence of your injuries, the intensity of the pain, and the impact on your ability to live your life as you did before the accident. An experienced lawyer will use past jury verdicts and their expertise to argue for a fair amount.
Yes, you are still responsible for your medical bills. You can submit them to your health insurance. Your lawyer can sometimes arrange for medical providers to treat you under a "Letter of Protection" (LOP), which is a promise to pay the bills out of your future settlement.
In a "premises liability" case like a slip and fall, you generally must prove that the property owner either created the dangerous condition, knew about it and did nothing, or should have known about it through reasonable care.
Cases involving minors are handled differently. A parent or legal guardian will act on the child's behalf. Any settlement must typically be approved by a court to ensure it is in the child's best interest, and the money is often placed in a protected account until the child turns
A wrongful death claim is brought by the surviving family members of a person who died as a result of someone else's negligence. These claims seek compensation for the family's loss, such as lost financial support, loss of companionship, and funeral expenses.
Almost never. The first offer from an insurance company is typically a low "nuisance value" offer designed to make the case go away cheaply. Your lawyer will assess the offer and advise you on whether it is fair or if we should counter-offer and continue negotiations.
If you are injured at work, you are generally entitled to Workers' Compensation benefits, which is a no-fault system. However, if your injury was caused by a "third party" (someone other than your employer or a co-worker), you may also have a separate personal injury claim against that third party.
Absolutely not. An attorney cannot accept a settlement offer on your behalf without your express consent. Doing so is a serious ethical violation. V. Specific Case Types & Situations
You do. Your lawyer's job is to advise you on the strengths and weaknesses of your case, the value of a settlement offer, and the risks of going to trial. However, the ultimate decision to accept or reject an offer rests with you, the client.
A deposition is a formal, out-of-court proceeding where you (the deponent) answer questions under oath from the opposing attorney. Your lawyer will be present to represent you. The testimony is recorded by a court reporter and can be used as evidence at trial.
Yes, you have the right to change lawyers. However, your first lawyer may be entitled to a portion of the final attorney's fee for the work they completed. This is known as a "lien."
Communication is key. You should ask a potential lawyer about their communication policy. A good firm will provide regular updates on significant developments and be responsive to your calls and emails within a reasonable time frame (e.g., 24-48 business hours).
Your primary role is to focus on your medical treatment and recovery. You also have a duty to be truthful with your attorney, attend all medical and legal appointments (like depositions), and keep your lawyer informed of any changes in your condition or contact information.
In most firms, you will work with a dedicated legal team, which may include the primary attorney, associate attorneys, paralegals, and case managers. However, you should always have access to your primary attorney for major decisions and questions.
Look for a lawyer with specific experience in personal injury law and a proven track record of success in cases similar to yours. Check their client testimonials, peer reviews, and ask about their trial experience. Most importantly, choose someone you trust and feel comfortable with.
Yes, you should absolutely receive a detailed, written fee agreement that clearly outlines the contingency fee percentage, how case expenses are handled, and all other financial aspects of your relationship with the firm. Do not hire a lawyer without one. IV. Working With Your Lawyer & Law Firm
This depends on your agreement with the law firm. Many firms, including ours, will waive the case expenses if there is no recovery. You should always clarify this point in your fee agreement.
Yes. Every case involves "case expenses" or "costs." These are separate from attorney fees and include things like court filing fees, fees for obtaining medical records, expert witness fees, and deposition costs.
The percentage can vary, but a common range is 33.3% (1/3) of the settlement if the case settles before a lawsuit is filed, and it may increase to 40% if the case proceeds to litigation or trial, due to the increased work involved.
Typically, the law firm will advance the costs of litigation on your behalf. When the case is resolved, these advanced expenses are deducted from your settlement, usually after the attorney's fee is calculated.
A contingency fee is a payment arrangement where the lawyer's fee is contingent upon winning the case. The fee is calculated as a percentage of the final recovery. This allows injured victims to access high-quality legal representation without having to pay out of pocket.
Most personal injury lawyers work on a "contingency fee" basis. This means you pay no attorney fees upfront. The lawyer's fee is a percentage of the total settlement or award you receive. If you don't win your case, you owe no attorney fees.
Personal injury law covers a wide range of incidents, including car accidents, truck accidents, motorcycle accidents, slip and falls (premises liability), medical malpractice, dog bites, defective products, and wrongful death. III. Costs, Fees & Payment
MMI is the point in your recovery where your doctors determine that you are either fully healed or that your condition is unlikely to improve further. We typically wait until you reach MMI to fully understand the extent of your damages before making a settlement demand.
The timeline can vary greatly. A simple case might settle in a few months, while a complex case that goes to trial could take several years. A major factor is the time it takes for you to reach "Maximum Medical Improvement" (MMI), the point at which your medical condition has stabilized.
The vast majority of personal injury cases (over 95%) are settled out of court through negotiations. However, if the insurance company refuses to make a fair settlement offer, a skilled lawyer must be prepared and willing to take your case to trial to get the compensation you deserve.
This depends on your state's laws. Many states, including Louisiana, use a "comparative negligence" rule. This means your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your final award would be reduced by 20%.
Damages refer to the money awarded to compensate you for your losses. They are typically broken into two categories: ● Economic Damages: Tangible financial losses like medical bills, lost wages, and property damage. ● Non-Economic Damages: Intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
This is a state law that sets a strict time limit on your right to file a lawsuit in civil court. If you miss this deadline, you will likely lose your right to seek compensation forever. The time limit varies by state and type of injury.
The value depends on many factors, including the severity of your injuries, the total cost of your medical treatment (past and future), the amount of lost income, the impact on your daily life, and the clarity of the other party's fault. There is no simple formula; each case is unique.
Negligence is the legal concept at the heart of most personal injury cases. It means that someone failed to exercise a reasonable level of care, and this failure caused injury to another person. For example, a driver who runs a red light and causes a crash has acted negligently.
Yes, almost all reputable personal injury law firms offer a free, no-obligation initial consultation to discuss your case, evaluate its merits, and explain your legal options. II. Understanding Your Case & The Legal Process
A personal injury case is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible person's insurance company will typically pay money to the injured person for medical bills, lost wages, and pain and suffering.
Be polite, but do not give a recorded statement, do not admit fault, and do not accept a settlement offer without first consulting with your own lawyer. You can simply state that you are not prepared to discuss the matter and will have your attorney contact them.
Bring all documents related to your case, including any police reports, medical records and bills, photos of the accident scene and your injuries, contact information for witnesses, and any correspondence you've had with insurance companies.
You should contact a lawyer as soon as possible. Every state has a time limit for filing a lawsuit, known as the "statute of limitations." Additionally, evidence can disappear and memories can fade over time, so acting quickly is crucial to building a strong case.
First, seek immediate medical attention for your injuries. Your health is the top priority. Second, report the incident to the appropriate authorities (e.g., police at a car crash scene, a manager at a store). Third, gather evidence if possible—take photos, get witness contact information, and write down everything you remember. Finally, contact a personal injury lawyer before speaking to any insurance adjusters.
You may have a valid case if you were injured due to someone else's negligence or intentional act. The key elements are proving that another party had a duty to act with reasonable care, they breached that duty, and their breach directly caused your injuries, resulting in damages (like medical bills or lost income).