Personal Injury Lawyer In New Orleans, LA

Seek Justice After An Injury

When negligence or recklessness is at the root of a tragic accident, it’s worth speaking with our New Orleans, LA personal injury lawyer about your case. To make matters worse, it is also possible that someone had lost their lives because of a terrible accident. What differentiates an unexpected incident and something to take legal action over is when a certain person, company, or other party is at-fault for what happened. If you recently lost a cherished person and suspect someone is responsible, now is the time to contact our team at Kiefer & Kiefer for support. Your family could be owed compensation for your suffering.

Types Of Damages In Personal Injury Claims

Personal injury claims can involve various types of damages. These are generally categorized into economic, non-economic, and, in some cases, punitive damages.

When you’ve suffered an injury due to someone else’s negligence, understanding the types of damages you can claim is crucial for your recovery process. Our New Orleans injury attorneys are committed to helping our clients understand and effectively pursue the compensation they deserve.

Economic Damages

Economic damages are quantifiable losses that you have incurred as a result of your injury. They are relatively straightforward to calculate and include:

• Medical Expenses: This covers all medical-related costs, from emergency room visits to ongoing therapy and rehabilitation. Future medical expenses can also be claimed if your injury requires long-term or lifelong treatment.
• Lost Wages: If your injury has caused you to miss work, you can claim compensation for lost income. This also includes loss of earning capacity if your ability to work has been permanently affected.
• Property Damage: In cases where personal property (like your vehicle in a car accident) is damaged, the cost of repair or replacement can be included in your claim.

Non-Economic Damages

Non-economic damages are more subjective and include:

• Pain and Suffering: This encompasses the physical pain and emotional distress you have endured because of your injury.
• Loss of Enjoyment of Life: If your injury prevents you from enjoying your regular activities or hobbies, you can claim for this loss.
• Emotional Distress: This includes psychological impacts such as anxiety, depression, and trauma resulting from the incident.
• Loss of Consortium: If your injury affects your relationship with your spouse, you may be able to claim loss of consortium. This damage is typically claimed by the uninjured spouse.

Punitive Damages

In some cases, punitive damages may be awarded. These are not tied to the specific losses you suffered but are intended to punish the defendant for particularly egregious conduct and deter similar future behavior. In Louisiana, these are less common and are typically reserved for cases involving gross negligence or intentional misconduct.

The Statute Of Limitations

With wrongful death cases, time is important. A claim has to be submitted within a year of the person’s death or the surviving family loses their eligibility to obtain damages. Filing a claim in a prompt manner is imperative as valuable evidence could be lost or destroyed as you hold off on taking legal action. Of course, it can be difficult to handle a legal proceeding as you are in the midst of your grief, but that is what our team is here for. We can take the lead on the paperwork and legal aspect while you take care of yourself and your family.

Types Of Personal Injury Accidents

Our New Orleans personal injury lawyers are dedicated to securing substantial financial compensation for clients who have suffered injuries, typically due to another party’s negligence or wrongful conduct. These legal professionals focus on obtaining restitution for various damages, including medical expenses, lost wages, pain and suffering, and other related losses. Successful personal injury claims or lawsuits hinge on demonstrating that the injuries were a direct consequence of the at-fault party’s negligence or intentional actions. These legal challenges may emerge from a diverse array of incidents where individuals sustain harm because of someone else’s negligence or intentional wrongdoing.

Motor Vehicle Accidents

Motor vehicle accidents are a prevalent cause of personal injury lawsuits, encompassing:

• Car Accidents: These incidents, involving cars, trucks, motorcycles, or other vehicles, can result in injuries ranging from minor abrasions to severe conditions like bone fractures, head injuries, and spinal cord damage. Often, these accidents stem from a driver’s negligence, such as speeding, distracted driving, or disregarding traffic signals.
• Truck Accidents: Collisions with commercial trucks or tractor-trailers are especially catastrophic, given their massive size and weight. Causes often include driver fatigue, improper cargo loading, or maintenance failures.
• Bicycle and Pedestrian Accidents: When a vehicle hits a cyclist or pedestrian, the consequences are usually severe. These accidents are frequently caused by drivers who ignore right-of-way rules or engage in reckless driving.

Slip And Fall Accidents

These accidents happen when individuals are injured because of dangerous conditions on someone else’s property. Common scenarios include:

• Wet or Slippery Floors: Unattended spills or inadequately marked slippery surfaces can lead to falls.
• Uneven or Broken Walkways: Tripping hazards like cracked pavements, potholes, or irregular flooring in public or private settings can cause falls.
• Inadequate Lighting: Insufficient lighting in parking areas, staircases, or pathways can make navigation risky and lead to accidents.

Medical Malpractice

This occurs when healthcare professionals don’t adhere to expected standards of care, causing patient injuries. This category includes:

• Surgical Errors: Mistakes in surgery, such as operating on the wrong site or leaving surgical tools inside a patient, can cause severe harm.
• Misdiagnosis or Delayed Diagnosis: Failing to correctly or promptly diagnose a medical condition can lead to serious health repercussions for the patient.
• Medication Errors: Incorrect medication or dosage, or overlooking potential drug interactions, can harm patients.

Product Liability

These cases involve injuries from defective or unsafe products, including:

• Defective Products: Products with design or manufacturing flaws that render them dangerous can cause injuries or illnesses.
• Failure to Warn: Manufacturers must provide adequate usage warnings and instructions. Injuries resulting from their failure to do so can lead to product liability lawsuits.

Dog Bites And Animal Attacks

Victims of dog bites or animal attacks may hold the animal’s owner liable for their injuries. Liability laws for dog bites vary by location, but generally, owners are often accountable for their pets’ actions.

Wrongful Death Claims

When someone is injured due to another’s negligence, they are typically entitled to recover damages through filing a personal injury case. If a victim gets killed in an accident, then their family can come forward to file what is called a wrongful death lawsuit. In cases like these, the family is essentially pursuing justice on behalf of their relative taken too soon. In the state of Louisiana, if the deceased person was married or had children, the spouse or children can file a claim. If the deceased person had not been married and left no children, then the surviving parent(s) can submit the claim instead.

Furthermore, if there are no parents, spouse, or children, then surviving siblings can initiate the lawsuit. And lastly, if there are no surviving relatives, the estate of the deceased person can bring the case to court. Adopted family members have equal rights as those who were related to the person through marriage or blood. The exception would be a parent who abandoned the deceased person during their childhood years is not permitted to file a wrongful death case. In the perspective of a wrongful death lawsuit, parental abandonment is viewed as if the parent is deceased.

Tips For Dealing With Insurance Companies

Dealing with insurance companies in a personal injury case can be a complex and often challenging process which is why it is wise to speak with a New Orleans Personal injury lawyer at our firm. While insurance is meant to provide financial protection in times of need, it’s important to recognize that insurance companies are businesses with the goal of minimizing payouts. If you’ve been injured due to someone else’s negligence and are pursuing a personal injury claim, here are some key considerations when dealing with insurance companies:

• Seek Legal Representation

One of the most important steps you can take is to seek legal representation from an experienced personal injury attorney. An attorney can navigate the complexities of dealing with insurance companies, handle negotiations on your behalf, and ensure that your rights are protected throughout the process. Insurance companies are adept at minimizing payouts, and having a skilled advocate can significantly strengthen your position.

• Do Not Provide Recorded Statements Without Legal Advice

Insurance adjusters may contact you to obtain a recorded statement about the incident. It’s crucial to understand that these statements can be used against you in the future. Before providing any recorded statements, consult with your attorney. They can advise you on what to say and what not to say to prevent unintentionally harming your case.

• Be Cautious During Conversations

When communicating with insurance representatives, be mindful of your statements. Avoid admitting fault or making speculative comments about your injuries or the accident. Stick to the facts, and do not provide unnecessary details that could be misconstrued.

• Document Everything

Keep thorough records of all communication with the insurance company. This includes emails, letters, and notes from phone conversations. Document the date, time, and the name of the person you spoke with. Having a written record can be valuable in case there are disputes or discrepancies later in the process.

• Don’t Accept The First Settlement Offer

Insurance companies often make initial settlement offers quickly, and these offers may not fully cover your losses. Before accepting any settlement, consult with your attorney. They can assess the offer’s adequacy and negotiate on your behalf to secure a fair and comprehensive settlement that accounts for current and future expenses.

• Provide Medical Documentation

To support your claim, it’s crucial to provide comprehensive medical documentation. This includes medical records, bills, and reports from healthcare professionals detailing the extent of your injuries, treatment received, and any anticipated future medical needs. This documentation is essential in demonstrating the impact of the injury on your life and justifying the compensation you are seeking.

• Know The Full Extent Of Your Damages

Before entering into negotiations, be aware of the full extent of your damages. This includes not only medical expenses but also lost wages, property damage, and non-economic damages like pain and suffering. Understanding the complete scope of your losses helps you advocate for a settlement that adequately addresses your needs.

• Understand The Insurance Policy Limits

Insurance policies have limits on the amount they will pay for a claim. Knowing these limits is crucial in managing expectations. If the at-fault party’s insurance coverage is insufficient to cover your damages, your attorney may explore additional avenues, such as pursuing a claim against your own underinsured or uninsured motorist coverage.

• Be Patient But Persistent

Resolving a personal injury claim with an insurance company takes time. While it’s important to be patient, it’s equally important to be persistent in advocating for your rights. Your attorney can guide you on the appropriate timing for settlement negotiations and when it may be necessary to escalate the matter through legal proceedings.

• Consider The Option Of Litigation

If negotiations with the insurance company do not lead to a fair settlement, your attorney may recommend pursuing litigation. Filing a lawsuit may prompt the insurance company to reassess its position and increase its settlement offer. Litigation can be a strategic step in ensuring that you receive just compensation for your injuries.

Infographic

Personal Injury Statistics

According to the U.S. Department of Justice, just under 95 percent of personal injury lawsuits settle before they go to trial. This statistic shows that most personal injury cases are resolved through settlement rather than through a trial. There are several reasons for this, including the high cost of litigation, the uncertainty of trial outcomes, and the desire to avoid the emotional toll of a trial. This is just one more reason why you should have a skilled and experienced personal injury lawyer representing you. Call our office to find out what type of legal options you may have for the injuries you have suffered.

FAQs

What is the statute of limitations for filing a personal injury claim in Louisiana?

The statute of limitations for personal injury claims in Louisiana is generally one year from the date of the accident. This means victims have a one-year window to initiate legal proceedings against the party responsible for their injuries. It’s crucial to be aware of this timeframe, as failing to file within this period can result in the loss of the right to seek compensation.

Can I still file a claim if I was partially at fault for the accident?

Yes, Louisiana follows a comparative fault rule, which allows you to file a personal injury claim even if you were partly responsible for the accident. However, your compensation will be reduced by the percentage of your fault. For instance, if you are found to be 30% at fault, your compensation will be reduced by 30%.

Is it necessary to hire a lawyer?

While it’s not legally required to hire a lawyer for a personal injury claim, it is highly recommended. Personal injury law can be complex, and a skilled lawyer can help navigate the legal system, negotiate with insurance companies, and ensure that you receive fair compensation for your injuries.

How long does it typically take to settle a personal injury case?

The duration of a personal injury case in New Orleans can vary greatly depending on the complexity of the case, the extent of the injuries, and the willingness of the parties to negotiate. Some cases may settle in a few months, while more complex cases, especially those that go to trial, can take a year or more to resolve.

Kiefer & Kiefer, New Orleans Personal Injury Lawyer

1100 Poydras Street., Suite 1300 New Orleans, LA 70163

Contact Our Personal Injury Firm Today

If you’re considering filing a wrongful death case, please speak with an attorney as soon as you can. We can imagine the anguish you are going through right now. Just know we are ready to come to your side. Once we learn more about what has happened over a free consultation, we can advise further. Get support today at Kiefer & Kiefer. To speak to a skilled New Orleans personal injury lawyer and learn more about your legal options, call our office today.