If you were hurt in a car accident, you are likely in pain, missing work, and feeling overwhelmed by medical bills and doctor’s appointments. You may also be frustrated because your accident was caused by another driver’s careless mistake that never should have happened. After a wreck, your life can change in the blink of an eye. Let us help you get your life back.
Don’t deal directly with the at-fault party’s insurance company that will try to get you to settle for less than you deserve. The Gretna car accident lawyers at Morris Bart are here to help you pursue compensation that will cover all of your accident-related costs. For a free, no-risk consultation, contact us today at (504) 613-4771.
Gretna Car Accident Quicklinks
Can You Sue Someone for Hurting You in a Car Accident?
Gretna Car Accident Claim Types
Who Is Liable for Your Car Accident?
Damages You May Recover After a Gretna Car Accident
How a Car Accident Lawyer in Gretna Can Help
Do You Need a Police Report to File a Claim?
How To File a Gretna Police Report
How Long Your Personal Injury Claim Will Take
How Long Do You Have to File a Claim
The Cost of Hiring a Gretna Car Accident Lawyer
Contact Morris Bart to Seek Compensation for Your Injuries
Can You Sue Someone for Hurting You in a Car Accident?
Anytime you are involved in a car accident, there is the potential for bodily injury, emotional trauma, and damage to your property. Ideally, the driver at fault will have adequate insurance coverage, and you can file a claim with the insurance company that will cover all your costs.
In certain situations, insurance payouts may not fully cover your expenses, particularly if you have been involved in a major accident that has left you in pain and rendered you unable to work. Fortunately, you are entitled to pursue legal action against the at-fault driver or their insurance company to seek additional compensation.
While you always have the right to file a lawsuit, it is important to recognize that not every case is winnable. To establish the strongest possible case and increase your odds of success, you and your Gretna car accident lawyer will need to prove:
- The at-fault party had a duty of care to act in a way that would keep you safe
- The at-fault party acted in a reckless or dangerous manner
- This unsafe behavior caused the accident
- The accident caused your injuries or other damages
Gretna Car Accident Claim Types
Louisiana state law gives car accident victims three avenues to receive compensation through civil courts. Your claim must fall into at least one of these categories, and knowing which applies to your case will help guide your lawsuit’s strategy.
You need a knowledgeable attorney in Gretna, LA, if your claim type falls into one of the following categories:
Wrongful Death
If you lost a spouse, parent, child, sibling, or grandchild in a collision, you might be eligible to file a wrongful death lawsuit under Louisiana law. This would allow you to seek compensation for burial and funeral costs, lost wages, medical expenses, and loss of consortium from the at-fault party.
Product Liability
Defective car parts can cause an accident if, for example, your tire blows out suddenly or another driver’s brakes fail. Malfunctioning automobile components like an airbag that doesn’t deploy or a faulty seatbelt latch can also lead to more severe injuries in a crash.
Negligence
Negligence, the most common car accident claim category, means the person at fault for your accident and injuries neglected their duty of care to ensure your safety. Examples include an intoxicated driver or texting while behind the wheel.
Our experienced legal team will work to build the strongest possible case, digging for evidence to prove fault and back up your claim of wrongful death, product liability, or negligence.
We understand the rules that need to be followed in these lawsuit types, so we know how to keep your case in compliance with all applicable state laws and deadlines.
Who Is Liable for Your Car Accident?
Here in Louisiana, civil courts determine fault using the concept of pure comparative negligence. For example, a car accident could be caused by more than one person or company under this system. Each entity is liable for a share of the damages based on their percentage of the blame.
This means that multiple parties could owe you compensation for your losses. However, it also means that even if you are partially at fault for the accident, the courts could still rule in your favor and award you a portion of the damages you seek.
For example, the court determines that you and another driver named in your lawsuit share equal blame for an auto accident that cost you $20,000. They can order the other driver, who was 50% responsible, to pay for 50% of your losses, or $10,000.
Damages You May Recover After a Gretna Car Accident
Every case is different, so you can’t get an estimate of what your case may be worth until a car accident attorney in Gretna, LA, has examined your evidence. However, some types of recoverable damages that victims may recover in car accident cases include:
- Medical expenses
- The cost of physical therapy
- Lost wages
- Future wages if you can no longer work
- Pain and suffering
- Property damage
If your loved one did not survive the accident, your family’s loss might entitle you to specific damages associated with a wrongful death lawsuit, including:
- Loss of support and protection
- Loss of benefits and wages previously provided by the deceased
- Loss of consortium
- Funeral and burial expenses
While uncommon, some people are also able to recover punitive damages. This is intended to punish the defendant for their behavior and discourage them from behaving that way again.
Our Case Results Speak for Themselves
Here are some of the case results we’ve gotten for our clients in the New Orleans area:
- $852,845 for one client who was in a car accident that left them with neck and back pain and facial fractures when they were already using crutches due to hip surgery.
- $475,000 for a client who has neck, back, and shoulder herniations resulting from a car accident.
- $450,000 for a client who suffered a back injury due to a car accident.
During your first consultation with us, we will go over the specifics of your case and give you an estimate of what your potential award may be.
How a Car Accident Lawyer in Gretna Can Help?
Our lawyers can assist your case in numerous ways. In addition to gathering evidence to build a strong argument, we will assume the responsibility of proving liability, relieving you of this burden. This will provide you with peace of mind and allow you to focus on resting and healing from your injuries as we support you through the settlement process or represent you in a jury trial.
Insurance Companies and Car Accident Settlement Offers
Typically, the insurance claims adjuster for the at-fault driver will aim to offer you the lowest possible settlement to safeguard their company’s profits. Although they may seem friendly and supportive, this is often a tactic to create a false sense of security. In reality, their goal is to get you to make statements that could diminish your settlement. Learn more about what kind of questions insurance companies ask after a car wreck.
Accepting a low settlement from the insurer is final; you won’t be able to request additional compensation later. Therefore, it’s essential to understand the total value of your claim. A car accident attorney can assist you by assessing your case and estimating a settlement that adequately covers your current and future expenses.
Your Personal Injury Case and Trial
Your Gretna personal injury attorneys at Morris Bart will first try to negotiate a fair settlement with the other driver’s insurance company, seeking a settlement that is fair to you. Reaching an agreement without going to court is usually the best outcome for everyone involved; however, some insurance companies may refuse to negotiate a settlement.
If this occurs, our team will not hesitate to represent your interests in court, standing by your side throughout the process. We will also determine if the other driver was entirely at fault, which is crucial due to the comparative fault system Louisiana operates under.
According to Article 2323 of the Louisiana Civil Code, if you are found partially at fault for the accident, the amount of damages you can recover will be reduced by your percentage of fault.
Do You Need a Police Report to File a Claim?
You can file a claim without a police report, but proving your case may be more difficult without this vital evidence. In Louisiana, you’re only legally required to notify the police after an accident involving:
- Drunk driving
- Bodily injury
- Death
- Property damage over $500
However, it’s advisable to report even minor accidents to the Gretna Police Department. Injuries may be more severe than initially apparent, and the police can document the accident and conduct immediate field sobriety tests if necessary to determine if the other driver was impaired.
The official police report provides definitive proof of the accident’s circumstances. Without this documentation, it becomes a matter of your word against the other party, potentially jeopardizing your chance of receiving compensation.
How to File a Police Report
The best time to file your police report is immediately after the accident while you are still at the scene because:
- The details will be fresh in your mind.
- The police can arrive at the accident location.
- Any evidence collected, such as photos, eyewitness statements, and sobriety tests, will be most accurate and compelling.
If your accident occurs within city limits, contact the Gretna Police Department immediately. If you are outside the city limits, call the local police department or the Jefferson Parish Sheriff’s Office to report the accident.
Once the report is prepared, you can request a copy from the department where it was filed. Note that a small fee may be required to obtain your police report.
Our Client Testimonials
We appreciate our clients’ testimonials because everything we do is for you. When our clients are satisfied, we know we are making a difference in people’s lives. Here’s what our clients are saying about us:
How Long Your Personal Injury Claim Will Take
If the insurer representing the driver who hit you accepts their client’s fault, your car accident case could be resolved within a few months. However, the case may take significantly longer if the insurer disputes liability. The severity of your injuries will also affect the timeline.
Some insurance companies prefer to settle during negotiations, expediting the process. If negotiations fail and the case goes to court, reaching a resolution will take much longer.
How Long Do You Have to File a Claim
There is a statute of limitations that sets a deadline for filing your lawsuit. According to Louisiana Civil Code (CC) §3492, individuals injured due to another person’s negligence have up to one year to file a personal injury claim.
Generally, once this one-year period has expired, you cannot file a civil suit. Exceptions to this rule include:
- Your injury was not apparent at the time of the accident.
- You were a minor at the time of the accident. In this case, the clock starts on your 18th birthday, giving you until 19 to file.
Delaying action is one of the most common mistakes made after a crash. Our Gretna car wreck attorneys recommend starting the process as soon as possible, allowing us to interview witnesses while their recollections are still fresh.
When hiring a car wreck attorney at Morris Bart, we ensure your case progresses smoothly, meets all necessary deadlines, and helps you obtain the fairest possible settlement in the shortest time.
The Cost of Hiring a Gretna Car Accident Lawyer
At Morris Bart, we handle personal injury cases on a contingency fee basis. This means you pay nothing upfront when you retain our services. We only receive payment if we successfully secure a settlement or court award for you, with our fee being a percentage of the final amount.
If you choose to hire us, but we cannot win a judgment in your favor when the case concludes, you will not owe us anything.
Contact Morris Bart to Seek Compensation for Your Injuries
As your Gretna car accident attorney, it’s our responsibility to present the facts to counter such arguments from the insurance company. We’ll gather evidence to demonstrate your innocence, ensuring you’re entitled to the fairest possible settlement.
If you’ve been injured in a car accident, contact our Gretna car accident lawyers at Morris Bart to safeguard your right to compensation.
Questions?Call (504)-613-4771
to find a Morris Bart office near you.
