If you’ve been injured in a car accident, you’re likely grappling with pain, lost income, and mounting medical expenses. The frustration can be overwhelming, especially when the accident was caused by another driver’s negligence. A car wreck can disrupt your life in an instant, but a dedicated New Orleans Accident Lawyer can help you rebuild and recover.
Don’t make the mistake of dealing directly with the at-fault party’s insurance company without legal representation. Insurers often try to minimize payouts to protect their bottom line, offering settlements far below what you rightfully deserve. The experienced team at Morris Bart, a New Orleans car wreck lawyer firm, is committed to helping you pursue the full compensation you need to cover all accident-related costs. Contact us today at (504) 613-4771 for a free, no-obligation consultation and take the first step towards getting your life back on track.
New Orleans Car Wreck Lawyer: Your Guide to Recovery
Hand-painted sign in blue, “Driving ruins Mardi Gras” nailed to a tree
Driving Negligence Can Ruin More Than Mardi Gras: Reckless driving can lead to serious car accidents and life-altering injuries.
Can You Sue After a Car Accident Injury in New Orleans?
Types of Car Accident Claims in New Orleans
Determining Liability in a New Orleans Car Accident
Recoverable Damages in a New Orleans Car Accident Case
How a New Orleans Car Accident Attorney Can Help You
The Importance of a Police Report in Your Claim
Filing a Police Report in New Orleans
Understanding the Timeline of a Personal Injury Claim
Statute of Limitations for Car Accident Claims in Louisiana
The Cost of Hiring a New Orleans Car Accident Lawyer
Contact Morris Bart for a Free Case Review
Can You Sue After a Car Accident Injury in New Orleans?
Car accidents can result in a range of consequences, from physical injuries and emotional distress to property damage. Ideally, the at-fault driver’s insurance should adequately cover all resulting costs. However, insurance payouts are sometimes insufficient, especially after a severe accident leading to significant injuries and inability to work. Fortunately, you have the legal right to sue the negligent driver or their insurance company to seek additional compensation.
While the right to sue exists, winning a lawsuit requires a strong case. A skilled New Orleans car accident lawyer will work with you to establish the necessary elements to maximize your chances of success. These key elements include proving:
- Duty of Care: The at-fault party had a legal responsibility to act reasonably to prevent harm to you.
- Breach of Duty: The at-fault party failed to uphold their duty of care through reckless or negligent actions.
- Causation: This breach of duty directly caused the car accident.
- Damages: The accident resulted in your injuries and other quantifiable losses.
Types of Car Accident Claims in New Orleans
Louisiana law provides several avenues for car accident victims to pursue compensation through civil courts. Your claim must fall into at least one of these categories, highlighting the importance of consulting with a knowledgeable car accident attorney in New Orleans, LA, to determine the best approach for your specific situation. Common claim types include:
Wrongful Death Claims
If you have lost a loved one – a spouse, parent, child, sibling, or grandchild – in a car accident, you may be eligible to file a wrongful death lawsuit under Louisiana law. This type of claim seeks compensation for surviving family members, covering expenses such as funeral and burial costs, lost future earnings of the deceased, medical bills incurred before death, and loss of companionship and support.
Product Liability Claims
Defective vehicle components can be a significant cause of car accidents. Product liability claims arise when malfunctions, such as sudden tire blowouts or brake failures due to manufacturing defects, lead to accidents. Furthermore, injuries can be exacerbated by faulty safety features, like airbags that fail to deploy or seatbelts that malfunction.
Negligence Claims
Negligence is the most frequent basis for car accident claims. It applies when the at-fault driver acted carelessly or recklessly, breaching their duty of care to others on the road. Examples of negligence include driving under the influence of alcohol or drugs, distracted driving such as texting while driving, speeding, or disregarding traffic laws.
A dedicated legal team will thoroughly investigate your accident to gather evidence and build a compelling case, whether it falls under wrongful death, product liability, or negligence. Proving fault is crucial, and experienced attorneys understand the legal nuances and deadlines associated with each type of lawsuit under Louisiana law.
Determining Liability in a New Orleans Car Accident
Louisiana follows a pure comparative negligence system to determine fault in car accident cases. This means that more than one party can be held liable for an accident, and each party is responsible for damages proportionate to their degree of fault. This system allows for the possibility of recovering compensation even if you are partially at fault for the accident.
For example, if a court determines you were 20% at fault for a car accident, and your total damages are $10,000, you could still recover $8,000 from the other at-fault parties. This comparative negligence principle underscores the importance of having a skilled New Orleans accident lawyer to advocate for your rights and minimize any assigned fault.
Recoverable Damages in a New Orleans Car Accident Case
The specific damages you can recover after a car accident depend on the unique circumstances of your case. It’s essential to consult with a New Orleans car wreck attorney to evaluate your case and understand the potential value of your claim. Common types of recoverable damages include:
- Medical Expenses: Covers past and future medical bills, including hospital stays, doctor visits, surgeries, medications, and rehabilitation.
- Physical Therapy Costs: Reimbursement for physical therapy and ongoing rehabilitation necessary for recovery.
- Lost Wages: Compensation for lost income due to time missed from work because of the accident and recovery.
- Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or reduce your earning potential, you can seek compensation for future lost income.
- Pain and Suffering: Covers physical pain and emotional distress caused by the accident and injuries.
- Property Damage: Reimbursement for damage to your vehicle or other personal property.
In wrongful death cases, surviving family members may also be entitled to specific damages, including:
- Loss of Support and Protection: Compensation for the financial and emotional support the deceased would have provided.
- Loss of Benefits and Wages: Recovery of the income and benefits the deceased was contributing to the family.
- Loss of Consortium: Compensation for the loss of companionship, affection, and intimacy.
- Funeral and Burial Expenses: Coverage of funeral and burial costs.
In rare cases, punitive damages may be awarded to punish the at-fault party for egregious misconduct and deter similar behavior in the future.
a mother and daughter after an accident
Emotional Support After an Accident: A New Orleans accident lawyer can handle the legal complexities, allowing you to focus on healing and family.
How a New Orleans Car Accident Attorney Can Help You
A New Orleans car accident lawyer provides invaluable assistance throughout the claims process. Beyond building a strong case by gathering evidence and proving liability, an attorney alleviates the stress and burden of navigating the legal system, allowing you to focus on your recovery. Here are key ways a lawyer can help:
Negotiating with Insurance Companies for Fair Settlement Offers
Insurance adjusters often prioritize the insurance company’s profits and may offer settlements that are far less than what you deserve. They may use tactics to minimize your claim, sometimes appearing friendly while subtly attempting to gather information that can be used against you. It’s crucial to understand the true value of your claim before accepting any settlement offer. A skilled attorney can evaluate your case, assess your current and future needs, and negotiate effectively with the insurance company to pursue a fair settlement that adequately covers your losses.
Understanding the tactics insurance companies employ, including the types of questions insurance companies ask after a car wreck, is crucial to protect your rights.
Representing You in Court if Necessary
While settling out of court is often preferable, some insurance companies refuse to negotiate fairly. In such cases, your New Orleans personal injury attorney will be prepared to litigate your case in court. They will represent your best interests, present a compelling case, and advocate for your rights before a judge and jury. Establishing fault is paramount in Louisiana’s comparative fault system. Your attorney will meticulously investigate the accident to demonstrate the other driver’s negligence and minimize any fault attributed to you, maximizing your potential recovery under Louisiana Civil Code Article 2323.
Client Testimonials Speak Volumes
Client satisfaction is a testament to the dedication and effectiveness of a legal team. Positive client testimonials reflect the commitment to making a positive difference in clients’ lives by securing the compensation they deserve.
The Importance of a Police Report in Your Claim
While it’s possible to file a car accident claim without a police report, it significantly strengthens your case to have one. In Louisiana, reporting an accident to the police is legally required under specific circumstances, including:
- Drunk Driving Accidents: When a driver is suspected of drunk driving.
- Accidents Involving Bodily Injury: Any accident where someone is injured.
- Fatal Accidents: Accidents resulting in death.
- Property Damage Exceeding $500: Accidents causing significant vehicle damage.
Even for minor accidents, filing a police report with the New Orleans Police Department is advisable. A police report provides official documentation of the accident details, including witness statements, contributing factors, and fault assessments. It serves as crucial evidence when dealing with insurance companies and pursuing a claim. The police investigation may also include time-sensitive sobriety tests if impairment is suspected.
Filing a Police Report in New Orleans
The most effective time to file a police report is immediately following the accident, directly from the scene. This ensures accuracy as details are fresh in your memory, and it allows officers to investigate the scene firsthand, gather evidence, and interview witnesses while everything is still immediate.
For accidents within New Orleans city limits, contact the New Orleans Police Department (NOPD). For accidents outside city limits but within Orleans Parish, contact the local police department or the Orleans Parish Sheriff’s Office. Once the report is processed, you can obtain a copy from the relevant department, often for a nominal fee.
woman with broken arm signing insurance paperwork
Seek Legal Advice Before Signing Anything: Always consult with your New Orleans car accident lawyer before signing any documents from the insurance company.
Understanding the Timeline of a Personal Injury Claim
The duration of a car accident claim varies depending on several factors. If the at-fault driver’s insurer readily accepts liability, the case may be resolved within a few months through negotiation and settlement. However, if liability is disputed, or if the insurance company is unwilling to offer a fair settlement, the process can take significantly longer, potentially extending to months or even years, especially if going to court becomes necessary. The severity of your injuries and the complexity of the case also influence the timeline.
Statute of Limitations for Car Accident Claims in Louisiana
Louisiana law sets a statute of limitations for personal injury claims, including car accidents. According to Louisiana Civil Code (CC) §3493.1, you generally have two years from the date of the accident to file a lawsuit. Failing to initiate legal action within this two-year timeframe typically bars you from pursuing a claim.
Exceptions to this statute of limitations are limited. One exception applies if injuries were not immediately apparent after the accident; in such cases, the clock may start running when the injury is discovered. Another exception applies to minors; the statute of limitations for a minor begins on their 18th birthday, giving them until age 19 to file a claim.
Delaying action is a common mistake after a car accident. Engaging a New Orleans car wreck attorney as soon as possible after an accident is crucial. Early legal intervention allows for timely investigation, witness interviews while memories are fresh, and proactive management of deadlines to ensure your claim is filed within the statute of limitations.
The Cost of Hiring a New Orleans Car Accident Lawyer
Concerns about legal fees should not deter you from seeking qualified representation. At Morris Bart, we operate on a contingency fee basis for personal injury cases. This means you pay no upfront costs or hourly fees. Our attorney fees are contingent upon securing a successful settlement or court award in your favor. We only receive a percentage of the final compensation recovered. If we do not win your case, you owe us nothing. This fee structure ensures that access to justice is not limited by financial constraints.
Contact Morris Bart for a Free Case Review
If you’ve been injured in a car accident due to another driver’s negligence, don’t navigate the complexities of the legal process alone. Insurance companies may dispute liability and attempt to minimize your compensation. A New Orleans car accident attorney at Morris Bart will protect your rights, build a strong case, and fight for the full and fair compensation you deserve. Contact us today for a free, no-obligation consultation. Call (504)-613-4771 to connect with a Morris Bart office and take the first step toward recovery.
Questions? Call (504)-613-4771 to find a Morris Bart office near you.
