If you’ve been injured in a car accident, you’re likely experiencing-
-physical pain,
-missing work, and
-feeling overwhelmed by doctor’s appointments and medical bills.
The frustration can intensify knowing that another driver’s careless mistake caused your distress.
In the blink of an eye, your life can change dramatically.
This is where a lawyer can help you reclaim your life and the complex aftermath of a car crash.
Don’t Deal Directly with Insurance Companies
It’s essential to avoid negotiating directly with the at-fault party’s insurance company. Without a lawyer, they will often attempt to minimize your settlement to protect their profits.
The New Orleans car accident lawyer unit at Morris Bart is ready to assist you in pursuing compensation covering all your accident-related expenses.
Can You Sue Someone for Hurting You in a Car Accident?
Every auto accident carries the potential for-
-emotional trauma,
-bodily injury, and
-property damage.
Ideally, the responsible party will have sufficient insurance coverage, allowing you to file a claim to cover your costs. Unfortunately, in 2022 alone, over 5,000 New Orleans car accidents resulted in approximately 1,200 injuries and 63 fatalities, highlighting the frequency and severity of these incidents.
If the insurance payout falls short – especially after a major accident – you may have the right to sue the at-fault driver or their insurance company to recover additional funds.
To build a strong case, your New Orleans car crash attorney will need to demonstrate:
- The at-fault party had a duty of care to keep you safe.
- They acted in a reckless or dangerous manner.
- This behavior caused the accident.
- The accident resulted in your damages or additional injuries.
Type of New Orleans Car Accident Claim
Louisiana law provides three primary avenues for car accident victims to seek compensation through civil courts:
Wrongful Death:
If you lost a loved one in a car accident, you might be eligible for a wrongful death lawsuit. This covers burial costs, lost wages, medical expenses, and loss of companionship.
Product Liability:
Defective car parts can lead to accidents. For instance, a blown-out tire or malfunctioning brakes can result in severe injuries.
Negligence:
The most common claim type involves proving that the at-fault party neglected their duty of care, often seen in cases where the driver was intoxicated or distracted.
Who Is Liable for Your Car Accident?
In Louisiana, civil courts use pure comparative negligence to determine fault. This means multiple parties can share liability for the accident. Even if you’re partially at fault, you can still recover damages.
For example, if a court finds you and another driver each 50% responsible for a $20,000 accident, you can still recover $10,000 from the other driver.
Damages You May Recover After a New Orleans Car Accident
Every case varies, so it’s crucial to consult car accident lawyers in New Orleans to assess your specific situation. Some common recoverable damages include:
- Future wages if you can no longer work
- Lost wages
- Medical expenses
- Pain and suffering
- Physical therapy costs
- Property damage
If your loved one did not survive the accident – you could pursue damages associated with wrongful death, such as – loss of support and funeral expenses. In Louisiana, punitive damages may also be available to punish particularly reckless behavior.
Our Case Results Speak for Themselves
At Morris Bart, our track record of successful case results underscores our commitment to our clients. For instance:
- $265,000 for a client with a neck injury.
- $350,000 for shoulder, neck, and back injuries.
- $450,000 for a client with a significant back injury.
- $475,000 for a client suffering back, neck, and shoulder herniations.
- $852,845 for a client with neck and back pain and facial fractures.
During your initial consultation, they’ll evaluate your case’s specifics and provide an estimate of potential awards.
How a Car Accident Lawyer in New Orleans Can Help
The lawyers are equipped to gather evidence and prove liability, allowing you peace of mind to focus on healing. They can also assist with negotiations for your settlement or prepare for a jury trial if needed.
Insurance companies often present the smallest possible settlement to protect their interests. They may seem supportive but are aiming to minimize their payouts. Once you accept an inadequate settlement, you typically cannot seek more compensation later.
A knowledgeable attorney can evaluate your case and help you understand the true value of your claim.
Your Personal Injury Case and Trial
While lawyers strive to negotiate a fair settlement with the other driver’s insurer, some companies may refuse. In such cases, a competent team will represent your interests in court, ensuring you receive the compensation you deserve.
In Louisiana, if you are found partially at fault, your damages may be reduced according to your level of negligence.
Do You Need a Police Report to File a Claim?
While it’s not mandatory to have a police report to file a claim, it significantly strengthens your case. In Louisiana, you should report any accident involving drunk driving, bodily injury, death, or property damage over $500.
The official police report provides crucial evidence about the circumstances of your accident. If you lack this documentation, it could become your word against theirs, jeopardizing your chances of receiving compensation.
How to File a New Orleans Police Report
To file a police report, it’s best to do so at the accident scene while the details are fresh. For accidents within city limits, contact the New Orleans Police Department. For incidents outside city limits, contact the local department or the Orleans Parish Sheriff’s Office. Once your report is ready, you can request a copy, often for a small fee.
How Long Your Personal Injury Claim Will Take
If the insurance company accepts fault, your case may be resolved in months. However, disputes can extend this timeline. Some insurers prefer early settlements, while others may prolong negotiations.
How Long Do You Have to File a Claim?
Under Louisiana Civil Code (CC) §3492, you have one year from the date of injury to file a personal injury claim. Exceptions exist for injuries that were not immediately apparent or if you were a minor at the time of the accident.
Waiting too long to act is a common mistake after a crash. Our New Orleans car wreck attorneys recommend starting the process as soon as possible to gather witness statements while the details are still clear.
The Cost of Hiring a New Orleans Car Accident Lawyer
Morris Bart operates on a contingency fee basis, meaning you don’t pay upfront. The fee is a percentage of the final settlement, and if they don’t win, you owe them nothing.
Contact Morris Bart Injury and Accident Lawyers
After an accident, if the insurance company disputes liability, it’s crucial to have a skilled New Orleans car accident attorney on your side. They’ll counter any claims against you and work to ensure you receive the compensation you deserve.
If you’ve been injured in a car crash, contact a New Orleans car accident lawyer today to protect your right to damages.