Frequently Asked Questions

Personal Injury (3)

What should I do after my injury?

Moments after an injury, you may feel confused, overwhelmed, and in disarray. The first thing you should do after an injury is to make sure that you and others are in a safe area. Once everyone at the accident site has received sufficient medical attention for his or her injuries, you should begin looking ahead for the possibility of a personal injury accident if you feel that your injury was caused due to the fault of someone else.

You should first document any information relating to the fault and the accident itself. Personal injury lawyers must prove the fault, negligence, or liability. In order to do this, you should take the following steps after an accident:

  • Write down contact information of parties involved
  • Write down contact information of potential witnesses
  • Obtain a copy of any police reports, adjuster reports, damage reports, and other data that relates to the accident.
  • Take pictures of the scene of the accident, any property damage that resulted from the accident, cars involved, and any other relevant objects that would help prove your claim.

After the fault and liability are documented, the next step is determining how much the damages would cost. This should be done by a thorough documentation of:

  • Medical records that document diagnoses and treatment plans
  • Medical bills
  • Present and future lost wages
  • Pain and suffering
  • Property damage reports

Having a skilled and experienced legal counsel will facilitate the process of obtaining just compensation for a claim. A personal injury attorney will make sure to contact all the relevant parties, schedule meetings, depositions, represent you during litigation and mediation, thoroughly determine how much compensation you deserve, and much more. Contact us today for a free consultation!

Do You Know What Your Louisiana Personal Injury Is Worth?

If you were injured by someone else’s wrongdoing, it is important that you fully understand the impact of your injuries before accepting a settlement offer from the insurance company. This video discusses the importance of carefully evaluating injuries to determine case worth.

If you were in a car accident in Baton Rouge, it is critical that you get checked out by a doctor because some injuries are not very apparent. For example, a herniated disc injury may only be visible on an x-ray or MRI test. If you accept a settlement offer before knowing the full impact of your injuries, you will not recover the full amount of money that you will need for possible surgeries, physical therapy, injections, and lost income throughout your lifetime. This is why our Baton Rouge personal injury law firm carefully evaluates your injuries to quantify the value of your case so that you do not settle for less than what your case is worth.

To have a Louisiana personal injury lawyer on your side who carefully analyzes every aspect of your case—helping you collect every penny you deserve—contact the Tomeny Law Firm. Call 888.483.8842 to find out about your rights in a free consultation or contact us online.

Do You Need an Accident Attorney?

If you have been in a Baton Rouge auto accident, you most likely have many questions. One of the first questions on your mind is whether or not you need to hire a Louisiana accident attorney for your personal injury claim. Watch this video to find out if you need an attorney and what you should look for in a lawyer.

Anytime you are involved and injured in a Louisiana motor vehicle accident, it is best to contact a lawyer as soon as possible for a free consultation. By speaking with a Baton Rouge accident attorney, you will be able to determine if you have a claim and if you should hire a lawyer to represent you. Once you determine you have a valid case and you need an attorney, you need to know what to look for in a lawyer.

By entrusting your case to someone who has done numerous jury trials, has obtained successful verdicts and settlements for clients, is board certified, and has an AV Preeminent Martindale-Hubbell peer review rating, you can trust that attorney has the experience you are looking for and is someone that the other side will respect. At the Tomeny Law Firm, we have that experience and can provide you with a free consultation to answer your questions. To find out how we can help you after your accident and injury, call us at 888.483.8842 or contact us online.

Car Accidents (1)

Should You Sign Anything After a Louisiana Auto Accident?

After being injured in a Louisiana car accident, you may be contacted by the insurance company and asked to sign various documents. While it may seem harmless, you need to know what you are signing and if you should sign anything presented to you by the insurance company. Watch this video to find out.

As a Baton Rouge personal injury lawyer, I speak to people all the time who have been asked to sign documents after insurers have presented them with somewhat large settlement offers. What many of these accident victims don’t know is that the insurance company is looking to settle before accident victims know the true extent of their injuries and how much their case is really worth. For this reason, it is best never to sign any documents before knowing the extent of your injuries and having a lawyer take a look at the documents you are signing. Your case may be worth a lot more than what the insurance company is offering you.

At the Tomeny Law Firm, our experienced Louisiana accident attorneys will review your documents and provide you with our expertise before you sign anything for the insurance company. Call us today for a free consultation at 888.483.8842 or contact us online.

General (14)

How do I know if I have a personal injury case?

If you were injured due to the negligence of another person or entity, you have a potential personal injury case.

Whether is it worth pursuing legally may depend on several factors/variables. Briefly, those variable include:

  • Can the other’s negligence be proven?
  • The severity of your injuries;
  • Did the person/entity that caused your injuries have insurance? If not, do you have applicable insurance?
  • The type, length, and cost of medical treatment incurred to resolve the injuries;
  • The doctors’ prognosis upon completion of your treatment (did you recover, will you need future care, do you have any permanent restrictions/impairments, etc);
  • Any lost earnings and/or lost earning capacity.
  • Any clinically diagnosed depression or other mental pain endured

Since some of these factors may need investigation, while others may take time.

Therefore, it is recommended that you call us as soon as possible after your injury to discuss whether or not you might have a viable case, and how we can help you maximize your potential recovery. Call Baton Rouge attorneys at the Tomeny | Best Injury Lawyers today at 225-767-833.

Does an accident report have to be filled out at the time of the fall?

Ideally, an accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting. The requirement for a report is typically a store or business policy, rather than mandated by law.

If a report is not completed at the business location or occurred at a private location or was not observed by others, compile a record of what happened yourself.

If possible, take photos of the area. If you were physically hurt, have your injury checked out immediately to help substantiate your claim. Include information such as:

  • A description of the circumstances
  • Who was present
  • Any video surveillance of the accident
  • The comments made by those who saw or helped after the fall
  • Medical history or diagnosis from a physician following the fall

If you or someone you know has been injured in a slip and fall accident, do not hesitate to call us for a free consultation at 225-767-8333.

If I meet with an injury lawyer, do I have to hire him?

No. Typically, lawyers work on a contingency fee basis. This means that your consultations are free till the end of the trial, and the attorney receives a portion of the settlement or judgment. It is very rare that you will have to pay for the initial consultation for a personal injury case. You are not obliged to hire an attorney after your first consultation. Your attorney should be someone you feel comfortable with, and there is nothing wrong with consulting several lawyers before you make your decision. Once you have made your decision, you will sign a retainer agreement explaining the terms of service the attorney will provide. After these terms are agreed upon and signed, you will have officially hired your attorney. You should never feel intimidated or pressured to hire an attorney. At the end of the day, do what makes you feel comfortable. We would love to consult with you if you feel you have an accident claim. Call us! (225) 767-8333.

Should I hire the personal injury law firm with multiple ads on TV and radio?

Generally speaking, TV and radio advertisements are not the best routes to find a professional. Many advertisements are comprised of paid actors, spokespersons, or an employee hired to work in the office. Additionally, many of the advertisements are done by referral agencies, marketing agencies, or co-ops that screen the calls through their general answering service before putting you in contact with an attorney directly. More often than not, every time you call one of these “800” or “888” numbers, the company doing the advertisement collects a referral fee for having you call that number. If you are finally transferred to someone who can even listen to your case, you may not even be speaking with the lawyer on the advertisement. Chances are, you will be working with a associate, or perhaps a paralegal or assistant may be giving you legal advice rather than having a trained, and experienced lawyer give you a consultation.

Television advertisements and large billboards are expensive ways to drum up more business. However, the best way to find a lawyer is through referrals. When that is not available, then read consumer reviews from past clients to get a better judgment on a lawyer. In any situation, be sure to choose a lawyer who is experienced, trained, and is willing to talk to you and hear your case out before telling you whether it can or can’t be “won.” Call us today for a free consultation. We will take the time to hear you out. (225) 767-8333

When should I make a claim?

Every state has its own “statute of limitations” that places a time limit on when a person can pursue legal actions in relation to wrongful conduct or negligence. In Louisiana, a person has up to one year to make a personal injury claim following the date of the accident. Medical malpractice claimed can be filed one year after the accident or within one year of discovering a condition that appeared as result of medical malpractice. In no event can such claims be filed more than 3 years from the date of the accident.

In Texas, a person has up to two years from the date of an accident to make a claim.

However, the longer you wait to file a claim, the less likely you are to receive the fair compensation that you are entitled to. In all cases, the best course of action is to contact a personal injury attorney as soon as possible.

What should I do if an insurance company has offered me compensation?

Do not accept any offers or checks before consulting with your personal injury attorney. Early settlement offers from the insurance company are often ploys for you to accept compensation that is lower than what you are entitled to. By accepting the check, you waiver any future responsibility of the insurer to reimburse you in any way. If you accept a settlement check, you are no longer entitled to receive any additional compensation for future medical costs, repair costs, lost wages, etc. Accepting an early offer may not cover all the costs associated with an accident (including medical bills, personal injuries, lost wages, and any property repairs). Insurance agencies will often trick you and try and pressure you to hastily accept a settlement check. Make sure not to sign or accept anything unless you have consulted with your attorney first.

How much will it cost me to hire an attorney?

Most attorneys that will represent you in proceeding with your personal injury claim do not charge any upfront fees. Usually, attorneys charge a contingency fee, meaning that the attorney doesn’t get paid unless you get paid. It is called a contingency fee because the lawyers’ pay is contingent upon you getting a settlement. Usually, attorney’s contingency fee’s after settling are one third (33.33%) of the settlement amount. The attorneys’ fees are covered under the Contingent Fee Agreement and the case costs are advanced to you. Case costs usually include things such as postage, court filing fees, investigator costs, medical records, and paying experts to testify. At the Tomeny | Best Injury Lawyers, we generally don’t take cases unless we 100% sure that we can win. We understand that after a personal injury you may be overwhelmed, and having to worry about attorney costs and hourly fees can add to the stress. In most cases, our contingency fee basis and services will not cost you anything, which can be helpful if you are facing financial difficulties after an accident.

How do I know if I need an attorney?

You should strongly consider hiring an attorney if:

  • You have sustained injuries that are serious and with possible long-term repercussions.
  • If you got in an accident and the other driver was uninsured or underinsured.
  • You and the other driver are in disagreement about who is at fault.
  • A claims adjuster is making you feel pressured to agree to a quick settlement.
  • You don’t feel like you are getting the fair amount of compensation for your past, present, and future medical costs.
  • You are unable to go to work as a result of your injury or you have missed a substantial amount of days of work.
  • No person is willing to admit who is at fault.

You should not hire an attorney if:

  • You have a minor fender bender.
  • Your injuries are minor and not serious.
  • You are expecting a quick check

If you have sustained injuries from an accident and medical bills, lost wages, and other expenses have you overwhelmed and anxious, call us for a free consultation to know what your options are.

What Do You Have to Prove to Win Your Louisiana Injury Case?

If you have suffered an injury in a Louisiana car accident, motorcycle accident, slip and fall accident, or from a dangerous and defective product, you probably want to learn all you can about proving your claim for damages. Watch this video to learn about the civil procedure rules, such as the preponderance of the evidence.

In order to win your civil case, you would need to prove your case by the preponderance of the evidence. This simply means that you need to meet your burden of proof by supporting your claim with enough evidence and having greater evidence than the other side. For example, a great witness testimony or other piece of evidence may tip the scale in your favor to prove your claim. A Baton Rouge personal injury attorney skilled in trial law will know how to support your claim in order to help you win your case.

For help proving your case and collecting the most compensation possible, contact an experienced Baton Rouge injury lawyer today. Call the Tomeny | Best Injury Lawyers to find out your rights in a free consultation at 888.483.8842 or contact us online.

What Is My Baton Rouge Personal Injury Case Worth?

When you are injured in a Baton Rouge car accident, motorcycle crash, work accident, or slip and fall accident, it is natural to want to know what your case is worth. Watch this video to find out how case worth is determined.

In order to come up with an accurate case value, you will need to know the full diagnosis from your doctor regarding your injury. Once an experienced Baton Rouge injury attorney takes a look at your medical records and understands the extent of your injury and the duration of the injury, a more precise case value can be determined. Additionally, medical expenses need to be calculated in regards to future physical therapy sessions, projected injuries, future surgeries, and ongoing medical treatment.

Because determining case value is complex, our Louisiana personal injury law firm will retain the right expert in your case, such as an economist, to ensure you are getting the maximum compensation possible. Contact Baton Rouge accident attorney Frank Tomeny for a free consultation at 888.483.8842 or contact us online.

How Much Does a Louisiana Personal Injury Lawyer Cost?

After suffering injuries in a Baton Rouge auto accident, truck accident, motorcycle accident, slip and fall accident, work accident, or another type of personal injury accident, you most likely are worried about money. You know that you need to hire an attorney to help you win your case, but you also need money to pay your medical bills and monthly bills. This is why one of the most popular questions attorneys are asked relates to legal fees.

When you are looking to hire a Louisiana personal injury attorney following an accident that caused your injuries, it is normal to want to know how much it will cost. Baton Rouge accident attorney Frank Tomeny knows most accident victims do not have the money to hire a lawyer, which is why he works on a contingency fee basis. This means that if he agrees to take your case and if you agree to hire him as your attorney, you will not pay anything out-of-pocket and his fees are contingent on the outcome.

To learn more about contingency fees and how much your case is worth, contact an experienced Baton Rouge personal injury attorney at the Tomeny | Best Injury Lawyers today for a free consultation at 888.483.8842 or contact us online.

Will Your Louisiana Accident Attorney Connect With the Jury?

If your case goes all the way to trial, you want to make sure that the Louisiana personal injury attorney who is representing you can relate to the jury. Watch this video to find out why some lawyers are better at connecting with jurors than others.

When your case outcome is in the hands of a jury—12 strangers—you need to know that the lawyer representing your case can reach them. As an experienced Baton Rouge trial attorney, I attempt to get the jurors to relate to you. For example, I explained to the jury that my client who was attacked by a pit bull could have been anyone (e.g., their child, spouse, or parent). By showing jurors how a case can relate to them, it can be persuasive and successful.

Entrust your Louisiana injury claim to a skilled Baton Rouge accident attorney who has successfully tried cases and knows how to speak to a jury to get you the results you are looking for. Contact the Tomeny | Best Injury Lawyers at 888.483.8842 for a free consultation or contact us online.

Will Your Louisiana Injury Case Go to Trial?

When people suffer injuries in Louisiana motor vehicle accidents, workplace accidents, slip and fall accidents, animal attacks, or have been injured by a defective product, they often want to know if their case will get settled outside of court or if they will go to trial.

The majority of personal injury lawsuits in Louisiana and nationwide settle outside of court; however, there is a small percent of cases that are pursued in court. By hiring a skilled Baton Rouge personal injury lawyer with successful trial results, you can be assured that your case is being prepared for trial from the very beginning stages. At the Tomeny | Best Injury Lawyers, we prepare every case as if we are going to trial so that the insurance company knows we are prepared and serious.

To make sure your case is being handled properly and that you have an experienced and successful lawyer working on your case, you should contact Baton Rouge accident attorney Frank Tomeny at 888.483.8842 or contact us online.

What To Look For In An Injury Attorney?

After getting injured in a Louisiana car accident, workplace accident, slip and fall accident, or injured by a defective product, you know that you need an attorney but you aren’t sure which lawyer to entrust your case to. Find out here in this video what you should look for in a Baton Rouge injury attorney.

When making a decision about who to hire for your case, it is best to hire a personal injury lawyer who makes you feel comfortable, is the right fit with your situation, and who has experience. Whether you find the attorney online, in the phone book, or on television, you need to make sure that a Baton Rouge accident attorney has tried cases before. A good trial attorney can explain how the accident has impacted your life to the insurance adjuster and to a judge and jury in order to get you the compensation you deserve.

Entrust your case to Frank Tomeny who is board certified, AV rated by his peers, and has obtained successful results for his clients for over 25 years. To find out how we can help you after your Baton Rouge auto accident, call the Tomeny | Best Injury Lawyers at 888.483.8842 or contact us online.

 

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