Motor Vehicle Accident Lawyer New Orleans, LA

Recovering Compensation After a Motor Vehicle Accident

Our New Orleans, LA motor vehicle accident lawyer has seen the way that victims of accidents can get taken advantage of by insurance adjusters. In the few days after reporting the car accident to your insurance company, an insurance adjuster will contact you. This person may come off friendly and concerned for your wellbeing, when in reality, they are hoping to reduce the value of your claim. You want to avoid saying something to an insurance adjuster that can be misconstrued to affect your case. Because this conversation is so important, it isn’t uncommon for clients to ask us for help. For guidance after a serious car wreck, contact Kiefer & Kiefer as soon as possible.

Understanding Motor Vehicle Accident Cases

It’s important to keep in mind that motor vehicle accidents encompass a wide range, meaning you want an attorney who can understand your case’s specifics.  These cases typically involve seeking compensation for injuries and damages resulting from the negligence or reckless actions of another party. A motor vehicle accident lawyer plays a vital role in helping you navigate the complexities of your case. By working with an experienced New Orleans motor vehicle accident lawyer, you’ll benefit from someone who can:

1. Conduct Thorough Investigations: We investigate the circumstances of your accident, collect evidence, and determine liability.
2. Negotiate with Insurance Companies: Our lawyers negotiate with insurance companies to ensure you receive a fair settlement that covers your medical expenses, lost wages, and other damages.
3. Provide Litigation Support: If negotiations do not result in a satisfactory outcome, we are prepared to take your case to court and advocate for your rights before a judge and jury.

Common Causes of Motor Vehicle Accidents

Motor vehicle accidents are a significant concern globally, leading to numerous injuries and fatalities every year. Understanding the common causes of these incidents is essential in preventing them and ensuring safer roadways. As part of our commitment at Kiefer & Kiefer Group, we aim to provide comprehensive insights into these causes and offer legal support to those affected by such accidents.

• Distracted Driving
• Speeding
• Driving Under the Influence
• Reckless Driving
• Weather Conditions
• Running Red Lights and Stop Signs
• Inexperienced Drivers
• Vehicle Defects and Maintenance Issues

At Kiefer & Kiefer Group, we recognize the impact motor vehicle accidents can have on individuals and families. Our expertise in handling such cases ensures that our clients receive the support and representation they need. If you or someone you know has been affected by a motor vehicle accident, we encourage you to reach out to us. We are committed to guiding you through the legal process and working towards a favorable resolution. Remember, safety on the road starts with each driver’s commitment to responsible driving practices.

Determining Liability in Motor Vehicle Accident Cases

Establishing liability in motor vehicle accident cases involves proving that another party was negligent or acted recklessly, leading to the accident. Three of the major elements to determine if the other party was acting recklessly or with neglect are:

1. Duty of Care: The at-fault party owed you a duty of care, such as following traffic laws or driving responsibly.
2. Breach of Duty: The at-fault party breached their duty of care through negligence, reckless actions, or violations of traffic laws.
3. Causation: The breach of duty directly caused the accident and your resulting injuries.

Types of Compensation in Motor Vehicle Accident Cases

Following a motor vehicle accident, you or your loved one can obtain compensation for the following:

1. Medical Expenses: Medical expenses can range from medical bills, surgeries, rehabilitation, payment for medical equipment, and more.
2. Lost Income: If your injuries prevent you from working, you may be eligible to seek compensation for lost wages, including future earning potential.
3. Pain and Suffering: Compensation for physical and emotional pain and suffering endured as a result of the accident.
4. Property Damage: If your vehicle or personal property was damaged in the accident, you can seek compensation for repair or replacement costs.
5. Other Damages: Additional damages may include loss of consortium, loss of enjoyment of life, or punitive damages, depending on the circumstances of your case.

Insurance Companies and Motor Vehicle Accidents

Insurance companies play a pivotal role in the aftermath of motor vehicle accidents, serving as the primary entities responsible for compensating individuals for damages and injuries incurred during such incidents. Understanding how insurance companies operate and interact with those involved in motor vehicle accidents is essential for navigating the complex claims process and ensuring fair compensation. For further assistance with these kinds of matters be sure to contact our firm to speak with an experienced New Orleans motor vehicle accident lawyer.

Insurance Coverage Requirements

Most jurisdictions mandate that vehicle owners maintain a minimum level of liability insurance to cover damages in the event of an accident. Liability insurance typically covers bodily injury and property damage for which the insured is at fault. Understanding the insurance coverage requirements in your area is crucial for determining the available compensation in the aftermath of a motor vehicle accident.

Filing a Claim

After a motor vehicle accident, individuals involved in the collision typically file insurance claims to seek compensation for damages. This process involves contacting the at-fault party’s insurance company to report the accident and initiate the claims process. Additionally, individuals may need to file a claim with their own insurance company, depending on the circumstances and the insurance coverage available.

Dealing with the At-Fault Party’s Insurance

If another party is at fault for the accident, their insurance company becomes a central player in the claims process. It is common for the at-fault party’s insurance company to conduct an investigation to determine liability and assess the extent of damages. During this process, individuals involved in the accident may be required to provide statements, documentation, and other relevant information.

Determining Liability

Insurance companies play a crucial role in determining liability for motor vehicle accidents. Adjusters, who are representatives of the insurance companies, investigate the circumstances of the accident, review police reports, and assess available evidence to determine which party is at fault. This determination influences the outcome of the insurance claim and the compensation awarded to the injured party.

Negotiating a Settlement

Once liability is established, the injured party or their legal representative negotiates with the at-fault party’s insurance company to reach a settlement. This negotiation process involves assessing the damages incurred, including medical expenses, property damage, lost wages, and pain and suffering. Insurance adjusters may offer a settlement, and negotiations aim to secure a fair and just compensation amount. A New Orleans motor vehicle accident lawyer can help with settlements.

Uninsured/Underinsured Motorist Coverage

In cases where the at-fault party is uninsured or underinsured, the injured party may need to turn to their own insurance company for compensation. Uninsured/underinsured motorist coverage is designed to protect individuals when the at-fault party lacks sufficient insurance coverage. This coverage allows the injured party to seek compensation from their own insurance company for the damages incurred.

Medical Payments Coverage

Some insurance policies include medical payments coverage, which provides reimbursement for medical expenses incurred as a result of a motor vehicle accident, regardless of who is at fault. This coverage can be crucial for promptly covering medical bills and related expenses in the aftermath of an accident.

Subrogation

Insurance companies have the right of subrogation, allowing them to seek reimbursement for the amounts they pay out in claims. If an individual receives compensation from their own insurance company for damages caused by another party, the insurance company may pursue subrogation against the at-fault party to recover the funds they paid.

Disputes and Denials

In some cases, insurance companies may dispute liability, deny claims, or offer settlements that do not adequately cover the damages incurred. In such situations, individuals have the option to appeal, negotiate further, or seek legal assistance to ensure their rights are protected and fair compensation is obtained.

Legal Action and Litigation

If negotiations with the insurance company do not lead to a satisfactory resolution, injured parties may choose to pursue legal action and file a lawsuit. Litigation involves presenting the case in court, and a judge or jury will determine the appropriate compensation if liability is established.

Insurance companies are central to the resolution of motor vehicle accidents, playing a crucial role in assessing liability, negotiating settlements, and providing compensation to injured parties. Understanding the insurance claims process, knowing the coverage available, and, when necessary, seeking legal assistance are essential steps in navigating the complexities of dealing with insurance companies after a motor vehicle accident. Contact us today to speak with a motor vehicle accident lawyer New Orleans, LA trusts from Kiefer & Kiefer.

Common Injuries Sustained in Motor Vehicle Accidents

A New Orleans, LA motor vehicle accident lawyer is your best advocate in a car accident case. Your lawyer will fight to get you the financial compensation for the losses your injuries have caused you to suffer.

Car accidents can result in a wide range of injuries, some of which are more common than others. The severity of these injuries can vary widely depending on the circumstances of the accident, such as the speed of the vehicles involved and the use of seat belts. The following are some of the more common types of injuries we see in the cases we handle.

• Whiplash And Neck Injuries

Whiplash is one of the most common injuries in car accidents, particularly in rear-end collisions. It occurs when the head is suddenly jerked forward and then backward, causing strain or sprain to the neck’s soft tissues. Symptoms of whiplash can include neck pain, stiffness, headaches, and even cognitive issues like difficulty concentrating or memory problems. Whiplash injuries can range from mild to severe and may require physical therapy or more extended rehabilitation.

• Back Injuries

Car accidents often lead to back injuries, which can affect the spine, muscles, or nerves. Herniated discs, fractured vertebrae, and strains are common back injuries. Back injuries can result in chronic pain, limited mobility, and in severe cases, paralysis. Treatment may involve physical therapy, surgery, or long-term pain management.

• Head Injuries and Traumatic Brain Injuries (TBIs)

A New Orleans motor vehicle accident lawyer knows that head injuries are a serious concern in car accidents, especially when the head makes contact with the steering wheel, windshield, or other objects inside the vehicle. Traumatic brain injuries (TBIs) can range from concussions to severe, life-altering injuries. Symptoms can include headaches, dizziness, nausea, confusion, memory problems, and even changes in mood or personality. Treatment for TBIs may involve hospitalization, rehabilitation, and ongoing medical care.

• Fractures and Broken Bones

The impact of a car accident can result in fractures and broken bones in various parts of the body. Common fractures include broken arms, legs, ribs, and facial bones. These injuries can require surgery, casting, and extended periods of rest and rehabilitation. In some cases, multiple fractures or compound fractures may occur, leading to more complex medical treatment and recovery.

• Internal Injuries and Organ Damage

Car accidents can also cause internal injuries, which may not be immediately apparent but can be life-threatening if left untreated. These injuries include internal bleeding, damage to organs like the liver, spleen, or kidneys, and punctured lungs. Internal injuries often require emergency medical attention and surgery to address the damage.

New Orleans Motor Vehicle Accident Infographic

New Orleans Motor Vehicle Accident Statistics

According to the National Safety Council, motor vehicle accidents are the leading cause of personal injury in the United States. In 2021, there were over 6 million car accidents in the United States, resulting in over 3 million injuries and 40,000 fatalities.

If you have been injured in a motor vehicle accident caused by another party, reach out to one of our lawyers to find out what type of financial compensation you may be entitled to. You may be able to obtain damages for medical expenses, lost wages, pain and suffering, and more.

New Orleans Motor Vehicle Accident FAQs

What should I do immediately after a motor vehicle accident in New Orleans?

After a motor vehicle accident in New Orleans, ensure your safety and that of others by moving to a safe location if possible. Call 911 to report the accident and receive medical attention if needed. It’s important to exchange information with other involved parties, including names, contact details, and insurance information. Taking photos of the accident scene, vehicle damage, and any injuries can be crucial for insurance claims and legal processes.

How does the insurance claim process work in New Orleans after a car accident?

In New Orleans, after a car accident, you should notify your insurance company as soon as possible to start the claim process. Louisiana follows a “fault” system for insurance, meaning the insurer of the driver who is at fault typically covers damages. Your insurance company will investigate the accident to determine fault and the extent of coverage. It’s essential to provide complete and accurate information to your insurer for a smooth claim process.

Is there a time limit for filing a personal injury lawsuit after a car accident in New Orleans?

In New Orleans, the statute of limitations for filing a personal injury lawsuit following a car accident is one year from the date of the accident. This means you must file a lawsuit within this timeframe if you wish to seek compensation for injuries sustained in the accident. Missing this deadline can result in the loss of your right to sue.

Can I claim compensation for emotional distress after a motor vehicle accident in New Orleans?

Yes, in New Orleans, victims of motor vehicle accidents can claim compensation for emotional distress, including anxiety, depression, and PTSD, as part of a personal injury claim. This is in addition to compensation for physical injuries, medical expenses, lost wages, and property damage. Documentation from a healthcare professional can strengthen claims for emotional distress.

What role does comparative negligence play in motor vehicle accidents in New Orleans?

New Orleans follows a comparative negligence rule in motor vehicle accidents. This means that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%. Understanding how comparative negligence affects your case is crucial for determining compensation.

Kiefer & Kiefer, New Orleans Motor Vehicle Accident Lawyer

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

Contact Our New Orleans Motor Vehicle Accident Lawyer Today

If you’ve been injured in a car accident due to another party’s negligence, it’s crucial to seek medical attention immediately, even if your injuries seem minor initially. Some injuries may not manifest symptoms until later, and prompt medical evaluation can help ensure a timely diagnosis and treatment.

In addition to seeking medical care, you should consult with an experienced New Orleans motor vehicle accident lawyer who can evaluate your case, gather evidence, negotiate with insurance companies, and help you pursue compensation for your injuries and related losses. Car accident victims may be entitled to damages that cover medical expenses, lost wages, pain and suffering, and more, depending on the circumstances of the accident and the injuries sustained.

Call Kiefer & Kiefer to schedule a free case evaluation and find out what legal recourse you may have.