What claims can I make after an auto accident? 

Each car accident is different, and you could have many kinds of civil claims depending on the facts of your car accident case. 

Common personal injury claims include product defects, negligence, and intentional conduct. Negligence is the most common claim in auto accident cases in New Orleans. To prove this type of case, you will need to establish four elements: 

• Duty: You will need to show that the other driver owed a ‘duty’ to you: to operate a vehicle in a responsible manner and compliance with applicable rules and ordinances. 
• Breach of Duty: You must prove that the other driver breached the ‘duty’ by not safely operating their vehicle. 
• Causation: You will also need to verify that the defendant’s ‘breach of duty’ caused the car accident and your damages. 
• Damages: You must verify that the other driver’s negligence caused your damages and injuries. 

If the court finds that the other driver was negligent, you may recover damages caused by the car accident. Compensation after a New Orleans car accident usually includes medical expenses, lost wages, property damage, and pain and suffering payments.

In rare cases, such as a drunk driving accident, you may recover punitive damages from the defendant. Punitive damages are designed to punish the other driver for reckless conduct and to deter this bad behavior. 

If you have any questions about your claim, our New Orleans attorney is more than happy to speak with you and review your case.

How long do I have to file a car accident claim in New Orleans? 

The prescription period, or statute of limitations, is the time to file a lawsuit in New Orleans. In Louisiana, the statute of limitations for a personal injury lawsuit is one year from the accident date.

For an underinsured or uninsured motorist claim, the statute of limitations is two years.

How much does a lawyer cost? 

Most car accident lawyers in New Orleans take cases on a contingency fee basis. A “contingency fee” means that the lawyer will handle all expenses for your case upfront and will receive a percentage of the settlement when the case is over. After the case, the lawyer will deduct their costs, such as filing fees, deposition fees, and expert witness fees. The attorney is not entitled to a fee payment if there is no settlement.

Do not hesitate to ask our New Orleans Car Accident Lawyer Brent Cueria about any questions you have about contingency fee agreements. We understand that hiring a lawyer is a rare event for many people, and we are more than happy to answer your questions.

Can I recover money for medical bills? 

You can recover medical bills and expenses as damages from the at-fault driver. In some instances, the other driver may not have enough insurance to cover your medical costs. If that is your situation, you may need to look to your UM coverage, health insurance, and recovering money from the other driver’s assets to make your case whole.

After an accident, you need to get immediate medical assistance if you are injured. Directly following the accident, you should call the police to report the car accident. Be sure to inform the 911 operator if you need medical attention and fully describe the extent of your injuries. 

Can I recover money for lost wages? 

You can also retrieve money for wages and income lost due to your car accident in New Orleans. You will need to prove that your injuries were severe enough to prevent you from working your regular job. You will also need to show the amount of wages lost due to your car accident injury in New Orleans. For workers who do not have a regular paycheck, you will need to prove what you would have expected to earn during the time you missed work. 

Will my vehicle repairs be paid for by the other driver? 

The at-fault driver’s insurance should pay you to repair your vehicle after a New Orleans car crash. If your car has been totaled, you should receive the fair market value from the insurance company.

Insurance companies often try to underpay property damage claims or even deny them. If the other driver’s insurance refuses to pay for your property damage, you should consult with a lawyer and attempt to obtain repair costs from your own insurance company. You may have a valid bad faith claim for wrongfully refusing to pay a claim, in some cases. 

Am I entitled to a rental car? 

Not all insurance policies give coverage for a rental car after an accident. You will need an attorney to review the other driver’s insurance coverage to see if there is rental car coverage. If the other driver does not have rental car coverage, your insurance policy may provide it. 

What if I have a car note? 

A car note is separate from your property damage claim after a car accident. The value of your property damage claim is not based on the amount you owe – it is based on the car’s value before the accident. Suppose you are involved in an accident, and your vehicle is totaled and paid out based on the value of the car. In that case, you will still have to pay any outstanding amounts owed on your car note. Unfortunately, the payment for your car’s value may not be enough to pay the entire cost of your car note. If you are worried that your settlement may not be enough to cover your expenses, contact us today to discuss your claim with an experienced New Orleans Car Accident Lawyer.

What if I was in a hit-and-run accident or hit by an uninsured driver?

Your insurance company has the responsibility to provide you the opportunity to purchase uninsured and underinsured motorist (UM) coverage in the state of Louisiana. UM coverage is meant to substitute coverage when the at-fault driver does not have insurance, or for hit-and-run accidents.

If you do not have uninsured motorist coverage, your only claim is against the driver who hit you. We suggest that all drivers in Louisiana purchase UM coverage. New Orleans has one of the most significant rates of uninsured drivers, and UM coverage helps fill the gap after a car accident in New Orleans.