Many people believe that filing a lawsuit in one place is just as effective as another. However, nothing could be further from truth. In fact, where a lawsuit is filed can often affect the amount of damages recovered.

Choosing the best parish

It’s very important that the best venue (location) be chosen to file the suit. Although Louisiana has parishes instead of counties, Tim Young, a Louisiana attorney whose practice handles all aspects of auto accident cases, says that that distinction alone doesn’t affect the suit. He told us that, “In Louisiana, you’re generally allowed to file suit in the parish where the accident occurred or in the parish where the driver who caused the accident resided. If a commercial vehicle is involved, you can file suit against the company where their headquarters are in that parish.”

That being said, Young explained that different parishes have different beliefs – which can severely affect the case. He told us, “There are different beliefs from parish to parish on the merits of lawsuits and the requirement that injured people be allowed to file lawsuits. You’re going to have a different juror philosophy sometimes from parish to parish that may be deciding your case. It’s very important that your attorney know which parish is the most accepting in which to file suit.”

Obtaining higher settlements

Having an attorney whose practice focuses in this area of law is especially helpful when deciding where to file a suit – and can mean obtaining higher settlements. Young continued, “It’s interesting; even in pre-suit negotiations, when an attorney is involved and they know where the suit would be filed and they know the nature of that area, they can negotiate much higher settlements by using that information with the insurance company. An individual may not understand what parish is available in which to file suit and they certainly may not understand the nature of the judges and juries in those parishes.”

How are most cases resolved?

Lawsuits are generally resolved through a trial or by way of settlement. We asked Young how the majority of auto accident cases are resolved in Louisiana. Here’s what he told us:

The vast majority of cases are resolved by settlement through the insurance company and that is simply the nature of the lower amount of damages involved in most cases, as well as the lower amount of insurance coverage available in most cases. If an individual causes damage and only has a $10,000 automobile policy, their insurance company will tender or offer the policy limits rather then face a lawsuit and incur legal expenses in almost all cases.

As long as the accident has been documented and there is some type of injury, most insurance companies find it better to simply offer the policy limit rather then try to fight and argue about money that they will probably end up paying in the end. I think that’s the biggest reason that most cases are resolved through settlement. Most serious cases always require a lawsuit to be filed and typically we have no problem filing a suit if we recognize that it’s going to be a serious case where we need to convince the company of the amount that has to be paid.

If you or a loved one has been injured in an auto accident, contact an attorney whose practice focuses in this area of law. Click here, to contact a qualified Louisiana Car Accident attorney for a free, no-obligation consultation.