For Car Accidents
In New Orleans
New Orleans is one of the most beautiful places in the country to live and work; however, it can also be one of the most dangerous. Tourists and locals alike drive daily in high volume traffic, especially along Route I-10. In 2016, the portion of Route I-10 running through the city of New Orleans was considered the fourth deadliest in the nation. Add reduced visibility caused by poor lighting at night and poor weather conditions, and you’ve got a recipe for disaster. In 2017, the East Baton Rouge Parish led the state’s fatal auto accident statistics, at sixty-nine, followed closely by the Orleans Parish, at forty-five. It’s important to report any car accident right away, as Louisiana has strict laws regarding auto accidents. Louisiana Revised Statutes Section 32-398 states that any driver of a vehicle involved in an accident that caused damages up to $100, injury, or death must send a written report to the Louisiana Department of Public Safety and Corrections within 24 hours after the accident. Additionally, the driver must also make a report to the local police station by the quickest means necessary.
While many auto accident injuries can appear minor, even a seemingly small car accident can have huge consequences. Even if you are only experiencing symptoms like a sore neck, minor spinal aches and pains, or confusion and fatigue, you should be seen by a medical professional quickly after an auto accident. What seems like small, bodily annoyances can actually be symptoms of a much greater medical issue. Getting medical attention after an auto accident is crucial—even if it was just a fender bender.
At the Law Office of Andrew R. Schwing, in New Orleans, we regularly represent people who have been injured in auto accidents of all kinds. While some of our clients have only suffered minor injuries, others have had their lives permanently altered. We are committed to making sure that you are compensated justly after an auto accident. In every case, we use our years of experience and hard work ethic to achieve the best possible results for our clients, so you can focus on what is most important: putting the car accident behind you and moving forward with your loved ones.
Do I Have a Car Accident Claim?
“Do I have a case?” This is one of the most common questions we hear from potential clients involved in automobile accidents. The simple truth: just like people, each individual case is different. The best way to know if your claim is actionable is to speak directly with a lawyer, and quickly, even if your medical issues seem small at the time. Even though you may feel overwhelmed, Louisiana law dictates that you must report all injuries sustained by auto accidents to a local police station as quickly as possible. Additionally, the Louisiana statute of limitations, meaning the time in which you must file a claim, is one year after the auto incident occurred. The Law Office of Andrew R. Schwing provides confidential, no-obligation consultations, at no cost to you. We believe in complete transparency with all clients, which is why our personal injury law firm team will review your case for free during your consultation, and then determine if it is actionable and whether you are entitled to compensation for your damages. If so, we will use our years of experience representing clients who have suffered injuries and property damage from car accidents to provide you the support you need during this difficult time.
Are You Injured?
It seems obvious, but in order to file a personal injury lawsuit, you must have been injured in some way. The injury can be physical, mental or emotional. Sometimes things like PTSD can affect a person even more than physical injuries, like broken bones. However, the law requires that very specific elements be present to successfully bring a claim for pain and suffering. If the other party was at fault for causing your injuries, a negligence claim will likely be filed on your behalf. In the case of car accidents, negligence of the other driver essentially means that the driver who caused the injury did not drive in a safe manner dictated by state and federal law (e.g., speeding or running a red light). Driving in a safe, legal manner, is referred to as duty, and breaking the law while driving is referred to as breach of duty. Duty and breach of duty are the first two parts that lawyers are required to prove while arguing a negligence claim.
Let’s Review the Details of Your Case in a Free Consultation
Did Someone Else Cause Your Injury?
In order to win a personal injury lawsuit, another person or entity (like a business or government body) must be at fault. This can be tricky to determine when many factors are involved. Different witnesses can give different accounts, and multiple parties can play varying roles in one accident. Causation of injury is another important part of a negligence claim and is referred to as cause-in-fact. Cause-in-fact in an automobile accident means that the other driver directly caused any damages or injuries you may have incurred, rather than some other intervening event. You must also prove that the driver’s negligence was the proximate cause of your injuries. Your attorney will review all of the evidence in your case to determine whether these elements can be proven.
Are You Entitled to Compensation?
No one can give you back your good health or take away the pain and property damage of an accident, but you may be entitled to compensation, depending on the details of your case. In a negligence claim, this is referred to as damages. Damages refers to the legally recognized injuries you sustained or damages that you incurred due to a car accident. The state of Louisiana is a pure comparative fault state, according to Louisiana Civil Code Section 2323. This means that the judge will determine the percentage to which each party was at fault for the car accident. For example, if the judge determines that you are 20% at fault for the accident, then you will only receive 80% of the monetary award in damages. Due to the complex nature of most car accident claims, and the legal stipulations of a Louisiana court, it’s important to have a dedicated team of lawyers behind you. By scheduling a free and confidential consultation with the Law Office of Andrew R. Schwing you can receive more information about your specific case, such as how much your case may be worth, how do deal with your medical bills or how to handle communications from the other driver’s insurance company.
Talk With Us After an Auto Accident
At the Law Office of Andrew R. Schwing, our experienced team focuses on protecting your rights and pursing the compensation you are entitled to after a car accident. To get started, send us an email or call us. Consultations are free, confidential, and at no obligation to you or your loved ones. We can help provide the support you need, so that you can move on with your life.
Call 504-613-0621 or send us an email to request a confidential
consultation to discuss your legal concerns.