Car accidents are one of the number one causes of injury for people of all ages and demographics. If you were driving and another driver did something dangerous or a truck came out of nowhere, you could be owed thousands or even millions of dollars for your injuries.
Our attorneys can assess the injuries you faced, see how they affect your ability to work and your daily life, and help you determine how much your case is worth. We can then file claims with the at-fault driver’s insurance, looking at any supplemental policies you might have, and demand full payment. If they refuse to cooperate, we can stand up for you in court and fight the case at trial.
To get started, call Schoenfeld Law Firm’s car accident attorneys at (504) 688-7760 for a free case review.
What You Should Do Immediately Following an Auto Accident
After a crash, take these following steps:
1. Gather Evidence at the Accident Scene
Gather names, addresses, and phone numbers of everyone involved in the accident. Get a description of the car and license plate number, and be sure you also get the other driver’s insurance company information and the vehicle identification number (VIN) of their car.
Take photos or videos of any injuries to you or any other passengers, damage to property or vehicles, or any damage in the roadway. Identify by name, phone number, and address any other individuals involved in or witnesses to the accident.
2. File an Auto Accident Report
Filing a police report will document the facts of the accident and help determine who was at fault. Even in a minor accident, it is important to make sure there is a valid police accident report. Without a report, once you leave the scene, it is your word against the other driver’s as to how the accident occurred. Do not leave the scene until the investigating police department complete a full report.
It is important to limit your discussion of the accident and not to admit any fault or liability. You should talk about the accident only with the police and your insurance agent. Try to determine if any citations are issued to the other driver for any violations.
3. Call Your Insurance Agent
Call your agent or insurance company immediately, even at the scene with the police present, if possible, to file the appropriate claim.
4. Seek Proper Medical Care Immediately
If the injuries require emergency care, call an ambulance for transport to a hospital. If not, visit an urgent care center or arrange to be seen by your regular doctor as soon as you leave the accident scene. Some auto accident injuries – often serious ones – may not be apparent to you right away, especially when your body has been traumatized, so be sure you are examined by a medical care provider without delay.
5. Contact the Lawyers of Schoenfeld Law Firm
The lawyers of Schoenfeld Law Firm stand ready to help with your case.
Supply us with the information you have gathered, and we can immediately obtain police accident reports, confirm insurance coverage on the vehicle at fault, and arrange to have you treated by a local physician.
Whose Insurance Covers a Car Accident in New Orleans?
In Louisiana, we have an “at-fault” or “tort” car insurance system. This means that every driver carries insurance to cover accidents when they are their fault. As such, you will file your claim with the at-fault driver’s insurance, but you might have other coverages that can help you.
Typically, drivers need at least the following minimum coverage amounts for our “15/30/25” requirements:
- At least $15,000 per person for injuries
- At least $30,000 per accident for injuries
- At least $25,000 per accident for property damage.
This is “liability insurance,” meaning this is the coverage the at-fault driver needs so you can file against it. You may notice that this means you cannot get more than $15,000 for your injuries if they have a state minimum policy.
Many drivers do have more insurance than the state minimum, but they can also be made to pay out of pocket for overages. Additionally, your insurance might help.
Your own policy might have first-party benefits like medical payment coverage and collision coverage that can help pay even before you file against the other driver. After you recover against them, your underinsured motorist coverage (if you have it) can help cover anything left over.
Uninsured motorist coverage can help when the other driver is uninsured.
Do I File a Lawsuit for Car Accidents?
If you can file an insurance claim and the insurance company is willing to pay you everything you need, then you might not have to go to court. Accepting an insurance payout is a form of a settlement, but many cases cannot be settled so easily.
Insurance companies might refuse to cover your accident because they do not think their driver was actually at fault. They may also have a problem with the amounts or think you were partially responsible and deny coverage on those grounds.
If the defense and their insurance companies refuse to settle for a fair value, even after rounds of negotiations, we may have no choice but to turn to a lawsuit. In a lawsuit, we can go to court where the judge and jury decide the case instead.
Most cases do ultimately settle, but insurance companies might refuse to settle until the case has already been filed and trial is on the horizon. Work with our car accident lawyers to understand the process and how likely the defense is to agree to a fair settlement.
How is Fault Determined in a New Orleans Car Accident Case?
In most car accident cases, the claim you file is based on the other driver’s “negligence.” This means that they caused the crash by accident; you do not need to prove that they meant to hurt you.
Instead, you have to prove four elements to hold them responsible:
- They owed you a legal duty – usually based on safe driving rules or actual traffic laws
- They breached that duty – usually based on a traffic violation
- Their breach caused your crash
- The crash left you with injuries the court can order compensated.
Multiple drivers can each be held responsible for their own violations, and each one pays a portion of the damages. Victims can also be found partially liable, losing out on a portion of the damages equal to their share of the blame.
Under these rules, most accidents involve a common traffic violation, such as the following:
- Speeding
- Tailgating
- Running a red light/stop sign
- Texting while driving
- Drunk driving.
However, crashes can also be caused by generally unsafe things that might not violate a specific traffic law.
What Damages Can You Claim?
As mentioned, car insurance covers both bodily injuries and property damage. As injury attorneys, our focus is on the harms from your injury, but we can also help you claim the cost of vehicle repairs/replacement.
Injury cases involve three primary areas of damages:
- Medical expenses to cover hospitalizations, X-rays, surgeries, rehabilitation, and other treatment needs. These include both physical and mental health care.
- Lost wages can be claimed to cover any money you missed from work because of your injuries, now and into the future.
- Pain and suffering pays for mental anguish, emotional distress, the pure pain of an injury, and other effects on your life.
You should never trust the defense’s values for these damages, as this is how most low settlements happen. Instead, have our lawyers independently go over your costs, disabilities, lost earnings, and finances to calculate your damages before accepting any money from the defense.
When to Call a Lawyer
Call a lawyer as soon as you can after your accident. There is no reason to delay; we can begin collecting evidence, looking for security camera footage, and talking to witnesses in the days after your crash to help find missing evidence before it is lost.
While you typically have 2 years to file your claim, you should get a lawyer on your case much sooner.
Can I Accept Money from Insurance?
You can accept money from your own insurance policy, but if you accept any money from the defendant or their insurance policy, it could function as a settlement and end your case. Because it may be confusing as to which insurance company or policy the money is coming from, always check with a lawyer before signing anything, admitting anything, or accepting anything from insurance after a crash.
If you settle your case, you usually cannot undo it or go back to court for more damages.
Call Our New Orleans Car Accident Attorneys Today
To have our car accident lawyers look over your case in a free review, call Schoenfeld Law Firm at (504) 688-7760 right away.
