Being involved in a motor vehicle collision can wreak havoc on your life. If you are prepared to move forward with a personal injury claim against the person responsible for your accident, continue reading to learn more about what you can expect throughout the process.
Car Accident FAQ
You will still be able to file a claim if we are able to establish that the accident was caused by the negligence of another individual, business, or government entity. For instance, if a large pothole caused you to swerve, we could hold the local government road authority liable for failure to maintain safe roadways.
Drivers are required to carry uninsured motorist coverage on their auto insurance policies. This protection will be used to cover a portion of your medical bills and vehicle repairs in the event of a crash with an uninsured driver. The remaining damages that aren’t covered by insurance will likely need to be sought in court through a personal injury claim against the uninsured driver.
We do not advise that our clients give statements to insurance adjusters because we do not want to see our clients get taken advantage of. Insurance companies will almost never prioritize the needs of a claimant over those of the company and have been known to unfairly manipulate the statements given to them for their own benefit.
No. You are not obligated to accept an offer from the insurance company, especially if it’s for anything less than what you deserve. If the insurer made the offer quickly, it’s possible that the company sees how much your claim is really worth and is hoping to settle fast before you realize how much you really deserve.
The amount will vary on a case-by-case basis. As a rule, if you have been seriously injured and your injuries will have a serious impact on your life, you can expect to receive a greater settlement than someone who has a broken bone that will heal quickly and have little lasting impact.
Truck Accident FAQ
Unfortunately, your time is very limited, so you’ll need to move fast. For a personal injury claim, you’ll have only one year before you’re barred from recovery.
You need to call the insurance company after the fact, but be careful with your words. When speaking to the insurers, it’s best not to incriminate yourself or make any claims about fault; these can be used against you later. Share only the basic details and tell the insurer to call your lawyer.
Sadly, this is common. Many people are killed in 18-wheeler crashes every year, and your loved one might have been one of them. In this case, speak with one of our lawyers about a wrongful death claim, which can help you get justice for your lost loved one.
Motorcycle Accident FAQ
Of course, every case is different, and you may find that you still have questions. If you’re seeking answers, see the questions below or give us a call. Our New Orleans motorcycle wreck attorneys are familiar with these cases and ready to get you on the right track to recovery.
Louisiana law keeps in mind that most people aren’t 100 percent fault-free during an accident. We all make mistakes, and you might have contributed to your crash. While you can still recover compensation, it will be reduced by the percentage you’re at fault, so we’ll do as much as possible to prove your blamelessness.
It will depend on the situation, but probably. Motorcycles are especially susceptible to road conditions. A pothole can be a major hazard for you. In such a case, you may be able to file a claim against the government, which maintains the roads, for your damages.
Louisiana gives citizens very little time to file. You have only a year to sue before you’ll be dismissed and barred from recovery. Be sure to speak with our firm today.
Personal Injury FAQ
Are you considering filing a personal injury claim against the person or people whose irresponsible decisions or behavior caused you to be injured? If so, you probably have a lot of questions about your case and the process ahead. We’ve addressed some of these concerns below. For more information, contact us today.
It’s possible. We are usually able to come to an agreement with the other side before heading to court becomes necessary. If the defendant or insurer fails to continue negotiations until we are able to reach a reasonable settlement offer, your best chance of obtaining the most out of your claim may be to proceed to court.
At Wright & Gray, you will hire an attorney based on an agreed-upon attorney contingency fee. This means that you will not pay anything upfront. This fee will come directly out of the winnings you are awarded. If we don’t win, you won’t owe us anything.
Non-economic damages are the hardships your accident has caused that don’t involve money. For example, emotional distress, pain and suffering, the loss of enjoyment of life, and the loss of consortium are not monetarily quantifiable damages—as opposed to medical bills or a loss of income.
Yes, you can. Louisiana uses comparative negligence to establish fault in an accident. This means you are able to file a suit if you are partially responsible for the accident, but your awarded amount will be reduced by the percentage of blame the court determines that you hold.
The Louisiana statute of limitations states that you will have just one year from the time of the accident or from the date you are diagnosed with an injury or illness that stems from the accident to file your claim.
Boating Accident FAQ
- A person on a boat dies or becomes injured beyond the help of first aid.
- A person on a boat disappears and death or injury is suspected.
- A vessel causes or sustains damage.
Most typically, powerboats such as runabouts or cabin cruisers are involved. However, another frequent source of watercraft accidents involve personal watercraft, also known as “jet skis.” Sailboats are less frequently involved.
The most frequent sources of injuries are propeller injuries and collisions. Because personal watercraft or “jet skis” can’t be steered when the throttle is released, inexperienced drivers often have collision when confronted with an emergency. Death can occur either from a collision or from a person falling over the side and drowning.
Can the driver of a boat who acts in an irresponsible unsafe manner be held liable for causing an accident?
Yes, boating rules require safe operation of a boat, and prescribe how boats should pass one another and the use of proper safety equipment. If a driver violates these rules, they may be held liable for any injuries or death that results.
- Wear a life jacket. Drowning from a boat capsizing or the person falling from the boat causes over half of all recreational boating fatalities each year.
- Don’t consume alcohol while driving a boat.
- Take boating safety courses.
- Be alert to the risk of carbon monoxide poisoning. Any time you are below decks in a confined space, carbon monoxide poisoning can occur.
- Carelessness or inexperience of the boat operator, such as excessive speed, or failing to keep a proper lookout.
- Alcohol consumption by the operator of the boat.
- Operator inattention, inexperience, excessive speed, and careless or reckless operation
- Passenger/skier behavior
- Not having a proper lookout
- Restricted vision
- Hazardous waters- weather
- Equipment failure
- Engine failure
Brain Injury FAQ
At its core, a brain injury is damage that causes either temporary or permanent functional difficulties in the brain, possibly resulting in death. There are a number of different ways to injure your brain, some of which may not be immediately obvious.
There are two broad categories, traumatic brain injuries and acquired brain injuries. Traumatic brain injuries include more obvious ‘impact’ injuries, such as penetrative injuries (an object pierces the skull and enters the brain), contusions (an impact causes localized bleeding on the brain), coup-contrecoup contusions (an impact that causes the brain to slam into the opposite side of the skull, creating a second contusion at the second impact site), diffuse axonal injury (shaking/rotational forces cause tears in various brain structures), and concussion. Acquired brain injuries are caused by oxygen deprivation. They include anoxia (absolute oxygen deprivation, possibly resulting in cell death; can be fatal), and hypoxic brain injury (partial oxygen deprivation, which may also result in cell death; can be fatal).
People that have suffered a traumatic brain injury can have symptoms which include, but are not limited to: loss of consciousness, confusion or disorientation, headache, nausea, drowsiness, difficulty sleeping, dizziness, sensory problems (blurred vision, ringing ears, bad taste in the mouth, changes in ability to smell, etc.), sensitivity to light and sound, memory problems, mood changes, and feelings of depression.
The most common symptom, occurring in approximately 70% of people that have experienced a traumatic brain injury, is post-traumatic headaches.
Wrongful Death FAQ
Wrongful Death is best described when a person’s death is caused by the wrongful act or negligence of another. Wrongful death is the basis for a lawsuit, a wrongful death action, against the party or parties who caused the wrongful death. Action may be filed on behalf of the members of the family who have lost the company and support of the deceased due to wrongful death.
In a wrongful death case, survivors are entitled to future monetary contributions from the decedent and the value of the decedent’s personal service, advice or training that would have been given had he or she lived.
Louisiana law designates certain survivors who are entitled to bring a wrongful death case. If the person who died (the decedent) was married, the spouse at the time of death may bring a lawsuit. If the decedent also had children, the children may bring a lawsuit as well.
If the decedent had no wife or children, then the decedent’s parents are allowed to bring a lawsuit.
If the decedent has no surviving children or parents, brothers and sisters are entitled to bring a wrongful death action.
If a young child dies, the parents are entitled to bring a wrongful death action.
Who may bring a wrongful death action in any particular case may be complex, so it is best to consult with an attorney.