Every day, millions of drivers take to Louisiana and Mississippi roads. There are countless laws and regulations put in place to ensure the safety of all drivers. After all, motor vehicles come in various shapes and sizes, from passenger vehicles to motorcycles to commercial trucks. Unfortunately, with so many people on the roads every day, motor vehicle collisions are sure to happen. When you are in an accident, you need a New Orleans car accident lawyer by your side.
As a driver, you can follow all the rules and take all the necessary precautions, but you cannot make up for the negligence and recklessness of another. Far too often, drivers act without care for other drivers on the road and cause devastating motor vehicle collisions. These accidents can sometimes leave victims with serious injuries and cause financial instability with mounting medical bills and property damage.
Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.: Car Accident Attorneys in New Orleans
At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., our motor vehicle collision attorneys are ready to handle your case so that you can focus on your recovery. We have successfully represented clients whose injuries were the fault of a negligent driver and even clients who suffered an injury due to design or manufacturing defects in vehicles.
While not all attorneys are willing to take a case to trial, our team possesses the skills and experience necessary to thoroughly prepare your case, navigate the legal process and courtroom, and fight for the justice and compensation you deserve.
Common Motor Vehicle Collisions
The attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. have a thorough understanding of the traffic laws in both Louisiana and Mississippi, putting them in an excellent position to help secure the compensation you deserve.
Some of the most common motor vehicle collisions we face include:
- Car accidents
- Ride sharing accidents (Lyft, Uber, etc.)
- Trucking accidents
- Motorcycle accidents
- Pedestrian-vehicle accidents
- Drunk driving accidents
These accidents can occur for a host of different reasons, such as:
- Speeding
- Distracted driving (texting, eating, applying makeup, talking on the phone, etc.)
- Driving under the influence of drugs or alcohol
- Inclement weather
- Poor road conditions
- Poor vehicle maintenance
- Drowsy driving
- Design or manufacturing defects
It is paramount to secure the assistance of an attorney that has the skills and experience necessary to take your case to trial and win. Doing so allows you to take the time to focus on your health and safety while we handle the legal challenges your case presents, fighting for the justice you deserve.
What Compensation Can You Get in a Car Accident Claim?
You may recover the entirety of your damages sustained in a car accident if you can prove another party was completely at fault for the collision. This party is generally another driver but may also be a product manufacturer, a mechanic, the owner of a vehicle, or a governmental agency. Your compensation will rely on the specific damages you suffered, which may include both economic and non-economic damages, and may depend upon available insurance coverage.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
Economic damages include direct financial losses, such as:
- Medical Expenses: Your injury may have left you with numerous medical expenses, and your claim can recover these losses. This includes the costs of surgeries, prescription medications, hospital transport, and other expenses. A settlement should also consider the future and long-term medical costs you will have to pay and compensate you for that. If the injury you sustained has expected complications, the settlement can also cover those costs.
- Lost Wages: Even minor car accident injuries can prevent you from working for days or weeks. You may also need to miss work in order to attend doctor’s appointments. The wages you should have earned during that time can be included in the settlement.
- Lost Earning Potential: If your injury is more significant, you may be unable to continue working like you used to. You may have to work less, be unable to work your same job, or be unable to work at all. The wages you should have earned during your lifetime can be part of a settlement.
- Property Damage: Car collisions can cause damages with significant repair costs or even total your vehicle. A car accident claim can recover the costs to repair or replace your vehicle, as well as the costs to fix or replace any other property that was damaged or lost in the collision, which was in your vehicle or on your person.
Non-economic damages do not have set values but are considered legitimate losses after an accident and injury. These damages include:
- Physical pain and suffering
- Emotional trauma and anguish
- Loss of quality of life
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
If the driver who was at fault for the accident was under the influence, your claim may also qualify for exemplary damages. These may also be called punitive damages and are awarded to punish the at-fault party for their actions.
How Do You Determine Liability in a Motor Vehicle Accident?
The fault must be determined to recover damages in an insurance or personal injury claim. Typically, insurance companies determine fault if the claim does not go to court. An attorney can conduct their own investigation into fault for the accident, protecting your interests and ensuring that the insurers are accurate.
Liability is usually based on negligence in car accidents. For another driver to be liable based on negligence, the following must be proven:
- The driver owed you a duty of care
- The driver breached that duty of care by negligent act or inaction
- Their breach caused the accident to occur
- The accident caused you to sustain injuries and other compensable losses
Many accident claims are negotiated and settled with the insurer. However, if an insurer will not provide you with fair compensation, then you may need to take the claim to court. This can make the process take longer, but it can provide you with the compensation that you deserve. The support of an attorney is crucial during this process. They can support you in negotiations, prove who was at fault for the crash, and advise you on the benefits of taking a claim to court based on your goals and financial needs.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
FAQs:
How much a person can sue for a car accident in Louisiana is mostly dependent on the damages they suffered, including the medical bills, property damages, and other costs related to the collision. Most car accidents are covered through car insurance claims rather than personal injury claims. Because of this, the compensation you can recover also relies on the insurance limits of the at-fault driver.
If your damages exceed the insurance limits, there may be other options for compensation, including filing with your own insurance or filing a personal injury claim.
What a car accident settlement is worth in Louisiana is dependent on many factors, and no two car accident settlements will be the same. Your car accident settlement value may be impacted by factors such as:
- The severity of your injuries and financial losses
- The effect your injury has on your day-to-day life
- The severity of the at-fault party’s negligence
- Whether multiple parties were at fault for the crash
- If you were partially at fault for the accident
- The skill of your attorney
- Whether the case goes to court or settles in negotiations
After a car accident in Louisiana, you have a limited amount of time to file a car accident claim. There is a statute of limitations for civil injury claims, and there are also deadlines set by insurance companies. These deadlines are often shorter than the statute of limitations but vary between companies.
It’s important to act quickly after an accident. If you do not file by the insurer’s deadline, this can complicate your claim and make it easier for the insurer to deny the claim. If you miss the civil deadline, you are barred from recovering compensation.
After a car accident in Louisiana, there are certain steps that can benefit your health and your legal rights. This includes:
- Move persons and vehicles out of the road to a safe location, but do not move injured parties
- Call emergency services, reporting the accident and any injuries you can note
- Provide and receive insurance and contact information from the driver(s) involved in the accident
- Receive medical attention and give a police report
- Document the scene
- Reach out to a car accident attorney
Supporting Your Interests After a Car Accident in New Orleans
If you suffered an injury in a motor vehicle accident that was caused by someone else’s recklessness and negligence or a manufacturing and design defect, contact the attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. to set up a free consultation. We will handle the stress of the case for you to let you focus on recovery.
