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Auto Accident Attorney in Baton Rouge

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Auto Accident Attorney in Baton Rouge

Over the course of a typical driving lifetime, most people are involved in a total of three or four accidents, reports Forbes. Even if you are a “good driver” and make a point of being exceptionally safe behind the wheel,…

Over the course of a typical driving lifetime, most people are involved in a total of three or four accidents, reports Forbes. Even if you are a “good driver” and make a point of being exceptionally safe behind the wheel, an accident can still occur at any time. After all, you cannot control everyone else on the road.

Whenever you are involved in any car accident, it is important to know what your options are, what to expect during the claims process, and what types of damages you are entitled to recover. The more you know, the better you can protect and exercise your rights. For questions about your car accident or for legal representation for a claim/lawsuit in Baton Rouge, call a lawyer from Cueria Law Firm today: 800-899-7102.

What types of negligence commonly causes car accidents?

All drivers have a legal duty to drive with care so as not to endanger anyone on the road. Whenever they act in a negligent or careless manner, i.e., breach their duty of care, they can be financially liable for any damage they cause. Negligence comes in many forms. Some of the most common types of negligence that contribute to car accidents include the following:

  • Speeding or driving too fast for conditions
  • Not looking around carefully before switching lanes or making a turn
  • Driving while under the influence
  • Using the cell phone or texting while driving
  • Driving while sleepy
  • Eating, drinking, putting on makeup, etc.
  • Aggressive or illegal driving maneuvers
  • Talking to or looking at passengers
  • Daydreaming
  • Focusing on other things outside the car, e.g., another accident, cars pulled over, etc.

What does the car accident claims process entail?

Below is a brief overview of what you can expect when filling a claim after a car accident. Note, these are just general steps; there are many details outside the scope of this article. For specific questions about the steps you need to take, make sure to ask an attorney at Cueria Law Firm.

  1. Identify fault. Who primarily caused the accident: you or the other party?
  2. File a claim with the appropriate insurance company. If you were at fault, you will need to file a claim with your own insurer. If the other party was at fault, you can file with that insurer. Note, if you are partly at fault, you can likely still recover, but you will need to speak to a lawyer about how to best move forward.
  3. Gather evidence to support your case. (More on this later.)
  4. Submit the evidence a demand letter to the insurer. The demand letter lists your damages and requests payment for them.
  5. Negotiate with the insurer. If the insurer accepts your claim, the insurer will provide you with a settlement offer. Your attorney can negotiate with the insurance adjuster to try to recover a fuller amount.
  6. Accept the offer. If the offer is fair, you can accept it and will receive payment from the insurer.
  7. File a lawsuit. If the offer is insufficient, or if the insurer denies your claim altogether, your attorney can help you file a civil lawsuit at the Baton Rouge City

What kinds of evidence do I need to prove (and win) my case?

In order to win your case and ensure your damage award is sufficient, you will need to prove two things: 1) the extent of your damages, and 2) the other party’s negligence.

Proving damages

 You need to make sure that you have accounted for the totality of your expenses and losses on your claim. If you miss important details or fail to list future expenses before finalizing your claim, you will not have another opportunity later to ask for more funds if your condition worsens. Be as thorough as possible.

You can use items such as receipts, bills, past pay stubs and tax returns, doctors’ testimonies about your future medical needs, and professional estimates of future needs to prove your monetary losses. You can also use your patient file and testimony from your mental healthcare provider to prove emotional damages, as well as your injury journal that documents your pain levels and the effect of your injuries on your daily life.

Proving negligence

 Because car accident claims and lawsuits hinge on fault, you must be able to prove that other party was responsible for causing the accident. In certain circumstances, like a rear-end collision, fault is usually cut and dry, but in other cases, proving liability can be more challenging. Various types of evidence might be useful to prove negligence, such as:

  • The police report: If the driver was in violation of any traffic laws, i.e., speeding or driving recklessly, the police officer will notate citations in the report.
  • Photos and videos: Photos/video of the accident scene and of the damage to the cars might help the insurer/courts better determine fault.
  • Eyewitness reports: If any bystanders witnessed your accident, their input can be very valuable as evidence. They may be able to testify as to what transpired and who caused the accident.
  • Expert testimony: Your lawyer may also be able to enlist the help of an accident reconstructionist to identify probable causation.
  • Other evidence: Other pertinent evidence depends on the specifics of your case. For instance, if you suspect the driver was drunk, your lawyer can obtain his/her breathalyzer, blood, and/or urine test results. Similarly, if the driver was texting while driving, your attorney may be able to obtain his/her cell phone records.

What kinds of damages can I recover in a car accident case?

You can recover several types of damages if you win your car accident case.

  • Special damages: Special damages are the monetary, tangible losses you sustain from the accident. These include things such as medical bills, transportation to medical appointments, rehabilitation, medical devices and aides, physical therapy, counseling, lost wages, disability, the cost of hiring help around the house, and other miscellaneous injury-related expenses.
  • General damages: General damages are the emotional, harder-to-quantify losses you experience, such as mental anguish, depression and anxiety, post-traumatic stress disorder, loss of consortium, and pain and suffering.
  • Punitive damages: The courts award punitive damages to victims only in cases where the other driver was especially reckless, such as in DUI accidents. Courts do not award them to compensate the victim so much as to punish the wrongdoer and discourage future misconduct.

How can Cueria Law Firm help with my Baton Rouge car accident case?

The attorneys at Cueria Law Firm have the resources and skills to handle any type of personal injury or wrongful death case in the state of Louisiana, including car accident cases. We are truly passionate about helping victims in the wake of serious crashes, and have recovered millions of dollars for our clients. We would like the opportunity to do the same for you.

Let our car accident lawyers in Baton Rouge help you and your family get the justice and restitution you need when are hurt by others’ negligence. Contact Cueria Law Firm today at 800-899-7102 for a free consultation.

 

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Awards & Honors

Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.

OUR RESULTS

SPEAK FOR

THEMSELVES

  • $2,000,000

    Hotel Premises Liability Settlement

  • $1,500,000

    Automobile Accident Settlement

  • $1,250,000

    Tractor Trailer Injury

  • $475,000

    Jones Act Seaman Injured in Oil Spill

  • $475,000

    Jones Act Seaman Orthopedic Injury

  • $400,000

    Passenger in Truck Crash Trial

Positive Client Reviews

Mr. Brent and his team his paralegals were very helpful in every step of the processes involving my legal dispute.They were completely understanding in every part of this.I am very thankful for them.
brandon newton
brandon newton
21:43 26 Sep 19
Had a Great experience. These guys are great and fast. They are on it. Y’all need to check out this law firm. Check them out u won’t be sorry but you will get a fair settlement because they are fair people. Been hurt??? Don’t wait. Call them today and let them litigate...
carolyn clay
carolyn clay
20:56 18 Jul 19
Brent is very professional and easy to work with. He made sure I was taken care of better than I expected. Very nice man and great team!
Kristin Marks
Kristin Marks
19:45 29 May 19
Mr. Brent Cueria does an amazing job! He was always available for any questions or concerns that I had. There was never a moment that he wouldn't take the time to help me out and keep me updated on the process of my case! A great attorney and an amazing guy!
Kevin Byrd
Kevin Byrd
15:59 08 May 19
Awesome caring firm that puts the clients needs first always. Brent was an exceptional lawyer and good person. I highly recommend Cueria Law Firm.
Cat D
Cat D
14:19 24 Apr 19
I had a good experience with this firm. The staff was professional and protected my personal interest. I would definitely recommend them.
Tameka Lewis
Tameka Lewis
22:35 07 Feb 19
Mr. Cueria was amazing, helped me beyond my expectations, they answer the phone and respond promptly to their clients. Very easy going, respectful, and professional.
April Washington
April Washington
21:59 10 Jan 19
Very nice reliable law firm... we really had good experience with him. And we are really thankful. I recommend him to everyone.
Salwan Ibrahimi
Salwan Ibrahimi
22:43 08 Nov 18
Mr. Brent is a great personal injury attorney as well as a caring attorney. He is always available to talk and answer all our questions. Mr. Brent does not take you on as just a client. He treats you like family.
Rashonda Matthews
Rashonda Matthews
17:11 01 Nov 18
The BEST in New Orleans!! I came into this office not knowing what would be the outcome of my case, and Brent assured me he got this! A big thanks to him and his staff for all your hard work!! I’m telling you if you need someone to represent he’s definitely the guy to call!! Love you guys! Until next time !😁
Allison Johnson
Allison Johnson
15:40 11 Oct 18
Highly recommended!! He’s a very caring attorney!! Gets the job done!!
Juju Giambe
Juju Giambe
21:14 22 Mar 18
Great experience. Very professional and personal at the same time. Highly recommended.
Hortense Ambrose
Hortense Ambrose
17:33 05 Mar 18
Mr. Cueria is very professional and works hard to assure that you received the best of outcome possible. Mr. Cueria and his staffed worked diligintly to give me the best settlement possible. I was very satisfied. -
Erica Ross
Erica Ross
13:17 07 Feb 18
I Love Mr. Brent. They handle me with tender loving care
Shannan Holmes
Shannan Holmes
08:55 30 Jan 18
This was my first experience ever having a lawyer and I was very grateful and it was very pleasant. Everything worked out for the best and I would definitely recommend Brent.
Lionel Vicknair
Lionel Vicknair
16:06 07 Dec 17

Talk to an Injury Attorney in
NEW ORLEANS for FREE

There are many factors that can affect the outcome of your case, but time is often the most important. Call Cueria Law Firm today to speak to an attorney about your claim, and get started on the path to physical, emotional and financial recovery.

The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.

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