If you've suffered injuries in a car crash and you're experiencing pain, missing work and overwhelmed with medical expenses and doctor's appointments. It is also possible to be angry because the accident was the result of another driver's negligence that could have happened. After a crash the life of a person can be altered within the flash of an eye. A lawyer can assist you to recover your life.
Do not directly deal with the insurance company of the party at fault. If you do not have an attorney, they'll try to force you to accept a lesser amount than you're entitled. We at the New Orleans car accident lawyer team at Morris Bart, LLC is here to assist you in pursuing settlement that covers all the costs associated with your accident.
Sign painted by hand in blue "Driving ruins Mardi Gras" attached to the trunk of a tree. According to the sign that reckless driving can cause the destruction of Mardi Gras, but it can also damage the rest of the festivities.
Can You Sue Someone for Hurting You in a Car Accident?
When you're caught in an crash it is possible for physical injury as well as emotional trauma and the loss of property. In the ideal scenario, the person at fault has adequate insurance coverage. You may file a claim to the insurance company, which will take care of all expenses.
Sometimes, the insurance payouts aren't enough to pay for your expenses, particularly the case of an accident that caused you injured and disabled to work. Fortunately, you are able to take on the driver at fault and their insurance provider in order to seek to recover more funds.
Even though you have the option of filing a lawsuit, not all lawsuit is a win-win. In order to establish the most compelling case and increase the odds of success, you as well as the lawyer you choose to work with New Orleans car accident lawyer will have to demonstrate:
- The party at fault had the duty of care to behave in a manner that would ensure your safety
- The person at fault did not act in a responsible or unsafe way
- The unsafe behavior led to the accident.
- Your injuries were a result of the accident or other damage
New Orleans Car Accident Claim Types
Louisiana state law grants victims of car accidents three options to be compensated through civil courts. your case must fall under at the very least one of the three categories. Understanding which one applies to your particular case can help to determine your legal strategy.
This is one reason you require a skilled lawyer for your car accident who is based in New Orleans, LA. The types of claims include
Wrongful Death
If you've lost your spouse or sibling, parent or grandchild during an accident, you may be able to file a wrongful-death lawsuit according to Louisiana law. This allows you to pursue compensation for funeral and burial expenses, lost wages, medical expenses, as well as lost consortium against the responsible person responsible.
Product Liability
Incorrect car parts could cause accidents if such as your tire explodes suddenly or the brakes of a fellow driver fail. Incorrectly functioning automobile parts like an airbag that isn't deployed or a defective seatbelt latch can result in more serious injuries from an accident.
Negligence
The most frequent auto accident claim type is negligence. The person who is who was responsible for the accident and injuries did not meet their duty to protect your safety. For instance, the driver who is drunk or texting at the wheel.
Our legal team of experts will help you make the most convincing case by scouring for evidence to establish that you are at fault, and to support your claim for wrongful death, negligence, or product liability.
We are aware of the rules to be adhered to in these types of lawsuits We know how to ensure that your case is within the bounds of all applicable laws in the state and deadlines.
Who Is Liable for Your Car Accident?
In Louisiana civil courts, courts of law determine fault based on the notion of pure negligence. For instance an automobile accident may have been caused by multiple people or company in this manner. Each person or company is accountable for a portion of costs based upon their proportion of blame.
This means that several parties could be liable for the losses you suffered. But, it is also the case that, even if you're not entirely in the cause of the accident however, the courts may decide in your favor as well as award you part of the damages you want.
In this case, for instance, the court decides that you and a person named in the lawsuit share the same responsibility for an auto collision which cost you $20,000. The court can also order the other driver responsible, who was 50 percent responsible, to cover the cost of 50% of your losses or $10,000.
Damages You May Recover After a New Orleans Car Accident
Each case is unique which is why you won't be able to be sure of the value your case could be value until an auto crash lawyer in New Orleans, LA, has reviewed the evidence. There are a few kinds of recoverable damages victims can get in car accident cases are:
- Medical costs
- The costs of physical therapy
- Unemployment
- Future wages should you be able to not work anymore
- The pain and suffering
- Property destruction
If the person you loved dearly was not able to survive the incident Your family's loss could cause you to be entitled to certain damages in the wrongful death suit for example:
- The loss of support and protection
- The loss of wages and benefits previously offered by the deceased
- Loss of consortium
- Funeral and burial costs
While it's not common, some can also recover punitive damages. This is a way to penalize those who are responsible for the actions and to discourage them from repeating their behavior the same way in the future.
Mother and daughter following an accident. A negligent party's actions can alter the future of your family within a matter of minutes, however an attorney for car accidents will be able to help.
Our Case Results Speak for Themselves
Here are a few cases we've had some of our customers from New Orleans:
- A client was awarded $852,845 who was involved in a vehicle accident which resulted in back and neck pain as well as facial fractures. The client was already using crutches as a result of hip surgery
- The amount is $475,000 for a person who has back, neck and shoulder herniations as a result of an automobile accident.
During your first meeting with us, we'll discuss the details of your case. We will also give you an estimation of what the potential amount could be.
How a Car Accident Lawyer in New Orleans Can Help?
There are many ways our lawyers can aid in your case. In addition to collecting evidence to create an argument that is solid We will also help you prove the liability off your shoulders. This will allow you peace of mind, while allowing you to recover from the injuries. We are also able to assist you in your settlement and jury trial.
Fill out the free case evaluation form today!
Insurance Companies and Car Accident Settlement Offers
In most cases the insurance adjuster representing the driver that hit you will try to offer you the lowest settlement possible. They do this to safeguard the company's profits. They might appear as if they are friendly and supportive, however they're trying to fool you into feeling false security. In reality, they attempt to persuade you to give assertions that can lower the amount of settlement you receive.
If you accept a low settlement amount from the insurance You are not able to return later to obtain more funds. It is therefore essential to understand the full worth that your case has. A lawyer can assist you in evaluating your claim and estimating what settlement would be able to be sufficient to cover your costs today as well in the near future.
Your Personal Injury Case and Trial
Your lawyer will try to bargain with the insurance provider for the other driver and then seek an arrangement which is fair to you. If we can come to an equitable settlement without having to go to court, it is generally the most favorable scenario for everyone concerned. However, there are instances when insurance companies won't discuss the settlement.
If this occurs the team at our disposal will not hesitate to protect your rights in a trial We will stand at your side throughout the entire process. We can also establish if that driver who was driving the vehicle in question is completely blamed. It is crucial to determine fault since Louisiana is an a state with a comparative fault.
In accordance with Article 2323 in the Louisiana Civil Code, if you are found to be partially in the cause of an accident, then the amount you could get will be diminished in proportion to the extent you were negligent.
Do You Need a Police Report to File a Claim?
It is possible to make a claim without a police report, however it could be difficult to prove your claim without this vital element of evidence. In Louisiana the law states that you are legally required to call the police following an accident which involves:
- Drunk driving
- Bodily injury
- Death
- Damage to property that exceeds $500
But, it is important to not hesitate to report minor accidents in a minor crash to New Orleans Police Department in the event that your injuries are more severe than they appear. Police will report the incident and conduct the tests in a timely manner when necessary to determine whether the driver in question was under the influence.
The information in an official report from the police provide an absolute proof of the facts surrounding your accident. If you don't have documents to prove the actions of the other party the evidence will be yours against theirs and you could be left without reimbursement.
How to File a New Orleans Police Report
The ideal time to file the police investigation is to contact the police while you're still at location of the incident as:
- The details will be fresh in your head
- The police will be with you at the scene of the incident.
- All evidence gathered, including photographs, eyewitness accounts and sobriety tests will be the most convincing and reliable.
If your crash occurs within city limits, contact for the New Orleans Police Department (NOPD) promptly to report the accident. If you're outside of your city's limits contact the local police department closest to you, or you can call the Orleans Parish Sheriff's Office.
After the report has been completed when it is completed, you'll be allowed to request a copy of the report from the agency with whom the report was submitted. It could be necessary to pay a modest fee to get the police report.
Our Client Testimonials
We value our customers reviews because we are doing everything designed to be for you. If our customers are happy with our services, we know that we're helping the lives of people. These are the things our clients are telling us about our company:
"I am ecstatic with all the great hospitality and help that Morris Bart and all the agents here have provided." Joshua - Joshua
"I will highly recommend anybody who gets into a car accident to hire Morris Bart." Tinesha - Tinesha
"I really appreciate the service and the way you treat your clients." David O. David O
"My attorney did a great job, and I couldn't have had a better experience." Ansley. Ansley
"Everything was fantastic. I am happy every time I watch the commercial on television." - David C
How Long Your Personal Injury Claim Will Take
If the insurer that represents the driver who struck you agrees that the driver is responsible your car accident claim can be resolved within a couple of months. But if the insurance company doesn't accept the blame to its clients, then the process could take a long time. The extent of your injuries can determine the length of time it takes to complete.
Certain insurance companies would prefer to come to a deal through negotiations. This allows the case to be concluded faster than if negotiations fail and you have to is taken to the court.
How Long You Have to File a Claim
There is a statute of limitation which sets a time limit to file your lawsuit. In accordance with Louisiana Civil Code (CC) 3492, SS3492 individuals who have sustained injuries due to the negligence of another party are allowed the option of one year before they start the process of filing a personal injury lawsuit.
Generally speaking, after this one-year period has expired the plaintiff will not be permitted for filing a civil action. Some exceptions to this rule are:
- The injury you sustained was not evident when you were injured. accident.
- You were minor when you were involved in the incident. In this scenario, the clock starts at the time of your 18th birthday. You then must wait until the age of 19 to file your claim.
Insisting on a delay in action is among the most frequent mistakes made following an accident. Our team suggests that you begin the process as soon as you can following the incident, so that you can speak with witnesses as the details of the situation are evident for the witnesses.
If you choose to engage us, we'll continue to move your case forward, making sure that we meet the deadlines that are required, and helping you get the most fair award in the shortest time.
The Cost of Hiring a New Orleans Car Accident Lawyer
At Morris Bart We work on a contingent fee basis for personal injury cases. This means that we don't require any upfront fees for those who wish to use our services. Instead, we only get the payment after a successful settlement or court decision. The fee we charge is portion of the settlement.
If you decide to engage us, but we are unable to obtain a judgement to your advantage at the conclusion of the case there is no obligation on your part. us any money.
After being injured in an accident in which you weren't in the driver's seat, you could be able to find that the insurance company representing the other driver is arguing who is responsible for the accident. For instance, the insurance company could argue that you committed an error in driving, which means that you and the driver share the blame. This could reduce the potential settlement.
In our capacity as you are your New Orleans car accident attorney Our job is to provide the facts of the case to challenge the arguments the insurance company making. We will present evidence to show that you didn't commit any wrongdoing which means you are entitled to the highest possible settlement.
If you've been injured from a car accident Contact an New Orleans car accident lawyer promptly to secure your right to claim damages.
Questions?Call (504)-613-4771
to locate to locate a Morris Bart office near you.
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