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New Orleans Car Accident Attorney

To the insurance companies, you are not a person so much as you are a statistic. They know how many accidents the typical driver will have over a lifetime. They know the average medical costs of an accident. They know what percentage of people will settle claims without talking to a New Orleans car accident attorney.

If you or a loved one have been seriously injured in an auto accident, contact the best New Orleans car accident attorneys at The Law Office of John W. Redmann, L.L.C., right away.  Our New Orleans personal injury attorneys offer a free, no-obligation case evaluation. Call today to learn what your case is worth, who might be liable for your damages, and how to begin the claims process herein Louisiana. We can help you through every step of your accident case. You will never have to pay anything out of pocket, and we recover only if you do.

New Orleans Car Accident Resources:

Airbag opened onto steering wheel after car crash | New Orleans car accident attorney

Do You Need a New Orleans Car Accident Lawyer?

The purpose of a car accident insurance claim or personal injury lawsuit is to reimburse the crash victim for the losses suffered as a result of another’s negligence. While no amount of money can fully compensate the harm you have suffered through, it can ease the financial burden that serious injuries bring. These damages can include:

Hiring a lawyer from the Law Office of John W. Redmann, LLC can give you peace of mind during your case. You can focus on healing from your car accident injuries while we take care of complex legal processes in the pursuit of maximum compensation. Your car accident attorney will handle insurance settlement negotiations on your behalf, as well as evidence gathering, case presentation, legal paperwork, and other details of your car accident case.

Our New Orleans car accident lawyers assist victims with physical and emotional injuries due to the negligent actions of others. Whether a drunk driver crashed into you or a malfunctioning seatbelt worsened your accident-related injuries, we can help you determine liability and file a claim against the at-fault party for financial damages. We can negotiate with insurance companies, but we also have the power to take your case to court if necessary for fair compensation. From collecting police reports and medical records to interviewing witnesses and speaking with insurance providers, our attorneys can help your claim in numerous ways.

Most importantly, you can ensure an insurance company does not take advantage of you with legal representation. Some insurance companies will try to turn a profit by offering too-low settlement offers to claimants. Sometimes, they will even deny valid claims. An attorney will make insurance companies less likely to manipulate you. Our New Orleans car accident attorneys have extensive experience handling Louisiana car accident claims and have won dozens of cases for past clients. Read our testimonials to see all the ways we have helped with car accident claims.

It’s important to bring a New Orleans accident attorney in on your car accident case as soon as possible. Prompt attention from a car accident lawyer can steer your claim in the right direction right from the very beginning.

Louisiana Car Accident FAQ’s

We offer free consultations at our Gretna, Louisiana location to answer your specific questions and listen to your story. In the meantime, however, we know you may have pressing questions that need immediate answers. Below are some of the most frequently asked questions about car accident cases in Louisiana:

When should I see a doctor?

Visit a hospital or emergency room immediately following your car accident, even if you do not believe you have injuries. You could have hidden injuries, such as a traumatic brain injury with delayed symptoms. Prompt medical care can help you physically, as well as show an insurance company your injuries are serious.

What if I do not have health insurance?

Go to the doctor after a car accident anyway, even if you do not have medical insurance. Our lawyers can help you obtain high-quality medical care without you paying anything upfront, if we believe someone else is liable for your injuries. Do not delay emergency injury treatment.

How do I deal with the auto insurance company?

The three most important things to remember are not to admit fault, not to agree to the first settlement offer, and to call an attorney. Our lawyers can take over settlement negotiations and ensure an insurance company does not take advantage of you. Initial settlement offers are often much less than the case is worth.

What if the other driver or I do not have insurance?

If the other driver has no insurance, you may have coverage through your own insurer, or another driver or vehicle owner could be responsible for paying your damages. If you do not have insurance, the state’s “no pay, no play” law could give you the first $15,000 of your claim back. You may still be eligible for compensation in a hit-and-run or DUI accident.

How long do you have to get a lawyer after a car accident? 

In most states, the statute of limitations for an auto accident is two years from the date of the crash. While that may seem like a long time, it’s important to get in touch with a reputable New Orleans car accident attorney immediately after the crash. We can help you win financial compensation to cope with your injuries and emotional suffering.

How much does a lawyer charge for a car accident?

At the Law Office of John W. Redmann, LLC, we operate on a contingency-fee basis. That means we only charge attorney’s fees if we secure financial recovery for the client. If your case goes to trial and we lose, you will not owe us a dime for our time or services. You can find more information about contingency fees here. Our firm serves Gretna, New Orleans, and surrounding cities. 

Discuss your case with one of our attorneys for more information about insurance claims, medical care, legal fees, recovery amounts, fault, and various other car accident topics. We have the knowledge and experience to give you straightforward answers to all your questions. 

Important Louisiana Car Accident Laws

After a car accident in New Orleans, there are three different laws that will likely impact your case:

  1. At-fault auto insurance laws. Like most states, Louisiana abides by “at-fault” auto insurance laws. This means the party at fault for the collision will be responsible for paying for damages. An attorney can help identify the at-fault (often through a police investigation) and file a claim with their insurance company. You must then negotiate with that insurer to try to obtain fair and full compensation.
  2. Comparative negligence. Louisiana is also a comparative negligence state. In the event that the court finds you, the victim, partially at fault for the car accident, it won’t bar you from recovery: instead, the courts will reduce your compensation award by an amount proportionate to your percentage of fault. For example, you would receive $90,000 of a $100,000 award if you were 10% at fault for the car accident.
  3. Statute of limitations. You have just one year from the date of your car accident to file a personal injury claim in Louisiana. This is a shorter time frame than in most other states. Missing the deadline almost always equates to losing your right to file – and losing the opportunity to receive compensation. Don’t wait to contact a lawyer when you are involved in an accident in New Orleans.
  • Past, present, and future medical expenses and hospital bills
  • Lost wages and earning capacity
  • Physical pain and emotional suffering
  • Property repairs or replacements
  • Wrongful death damages

New Orleans Car Accident Claims

You may be able to file a personal injury claim after a Louisiana car accident on many different grounds. State laws enable victims of negligence to fight for compensation through several legal theories. Understanding what category your case falls into can help you file the correct type of claim with the civil courts. One of our New Orleans car accident attorneys can review your car accident case for free and help you identify your claim type. You may have more than one grounds to file a claim:

  • Negligence. Most personal injury cases revolve around the legal concept of negligence. Negligence refers to someone’s breach of duty of care, such as a driver choosing to drive drunk or text and drive. Your lawyer can file a negligence claim against an at-fault party if you have proof that the person’s breach of duty caused your accident or injuries.
  • Product liability. You could have a product liability claim after an auto accident if a defective or dangerous vehicle part contributed to your crash or injuries. A defective tire blowout, bad brakes, defective airbag, and a seatbelt that does not latch are examples of common car parts that give rise to product liability lawsuits in Louisiana.
  • Wrongful death. If you lost a loved one in a Louisiana car accident, you or a family member could have the right to file a wrongful death lawsuit. You could be eligible for funeral and burial expenses, medical costs, lost wages, and loss of consortium compensation if someone else’s negligence caused the collision.

Each type of car accident claim comes with different rules for filing and statutes of limitations. It is important to discuss your case with an attorney to ensure compliance with the state’s civil laws. Otherwise, you could miss an important deadline and accidentally lose your right to file. Our New Orleans car accident lawyers can help you gather the evidence you need and complete complex legal processes in pursuit of fair compensation.

Who Is Liable for Your Car Accident?

Whether you suffered injuries in a vehicle, bicycle, or pedestrian collision in New Orleans, you have rights. If a negligent driver or another careless party caused your car accident, that person or company may be legally responsible for your damages. Filing a claim with help from an attorney could result in the money your family needs to move forward. The following are common liable parties in Louisiana car accident cases:

  • Other drivers
  • Bus drivers
  • Uber/Lyft drivers
  • Commercial trucking companies
  • UPS/FedEx
  • The city government
  • Property or business owners
  • Product manufacturers

Some car accident claims involve more than one at-fault party. Since Louisiana is a comparative fault state, the courts will spread liability to everyone who contributed to the accident. This means more than one party and/or insurance company could owe you financial compensation.

Car Accident Statute of Limitations

After a collision, it might seem difficult to remain on top of the responsibilities and deadlines associated with filing a claim. Depending on the injuries you’ve sustained, it could take time to recover and feel well enough to continue with the legal process. No matter the reason, sometimes individuals take longer than the court system would prefer to submit their paperwork. How long does the court allow for those involved in car accidents to file their personal injury cases – and what happens if you miss the deadline?

What Is a Statute of Limitations?

A statute of limitations is a set period of time the court gives an individual to file a claim. Statutes exist within many contexts, but personal injury law governs a wide range of accidents and related circumstances that often land in small claims courts. These guidelines do not apply to the separate claims process involved with your insurance company – only additional lawsuits that you seek to recover more compensation for accident-related damages. A statute of limitations exists for two main reasons:

  • To ensure the relevance of evidence. After a certain time frame, evidence is no longer as viable as it was right after the accident occurred. Waiting to interview or reach out to witnesses becomes problematic because several years is plenty of time to move or for the would-be defendant to buy out the witness. Other forms of evidence become stale or obsolete, especially if you wait to take pictures of your car’s damage.
  • To prevent the claimant from threatening legal action for an extended time period. This aspect of a statute essentially protects the defendant from blackmail by the claimant for life.

Louisiana’s Statute of Limitations

Each state establishes their own statute of limitations in reference to what they think is an acceptable time frame to accept personal injury claims. In Louisiana, this date is not so lenient, only allowing one year to pass after the date of the accident before an individual’s last call to file their claim.

After the one-year mark passes, a claimant can still file a claim. However, the defendant can request a motion in the court to dismiss that claim. Oftentimes, the court system grants this motion because of their adherence to the statute of limitations. Exceptions to this rule exist, though, that account for circumstances that represent atypical situations.

Exceptions to the One-Year Rule

Not all circumstances are so cut and dry when it comes to filing lawsuits, some exceptions to a statute of limitations exist.

  • The discovery rule protects those who did not discover their injury until after the accident. This rule posits that the court should grant the claimant an extension on the grounds that there was truly no way the claimant could have known about the injury before its discovery date. This requires substantial evidence to carry out.
  • The age of the claimant is also a factor that can impact when their filing clock starts. If a claimant is under 18 at the time of the incident, they cannot pursue a personal injury claim. However, once they turn 18, they can still file for a past accident. Once the claimant turns 18, their clock starts.

A state’s statute of limitations is in place for good reason, though some citizens might find it daunting in that it quite literally times them in turning in their paperwork. In Louisiana, this timeframe is only one year, making it extremely crucial to be on top of the filing process as soon as reasonably possible after an accident.

Contact Us Today

Working with knowledgeable, experienced New Orleans car accident attorneys can be your ticket to a future of better financial stability. Our firm will work hard to ensure you get the recovery we believe you deserve for your losses. A single legal consultation could change your whole future and a consultation with us is always free. The Law Office of John W. Redmann, L.L.C. should be your first phone call after a car accident. Our New Orleans car accident lawyers will fight for fair recovery for you and your family. Contact us online or call (504) 500-5000 for your free consultation today.