Timeline of a Louisiana Personal Injury Claim

The time period immediately following a serious accident can be chaotic. Not only are you likely dealing with the physical pain and suffering of your injuries, but you’ll also have household responsibilities that need attention, and steadily be accruing medical bills and other expenses while you recuperate. This leaves many injury victims wondering, “What’s next?”

When someone else is to blame for causing your injuries, you may be able to bring them to justice by pursuing civil action against them. We understand how overwhelming filing a lawsuit can seem, which is why we’ve described the timeline of a standard Louisiana personal injury claim below, so you can better prepare yourself for what to expect if you choose to seek repayment of your losses.

Establishing Fault

Once you have made the decision to file a civil claim, and have retained legal representation, the first step in the timeline of your claim is to establish fault.

This is where we will investigate the cause of the accident you were involved in and gather evidence against the culpable party that will show, based on a preponderance of the evidence, that the named party is responsible for causing your injuries.

Damages You Can Recover

After fault has been determined, we move on to calculating the value of your claim. This is done by taking into consideration not just your medical expenses and lost wages, but also lost quality of life, pain and suffering, emotional distress, the loss of companionship and love, and many other economic and non-economic damages.

Negotiating with the Insurer

From there, we file an insurance claim and prepare to negotiate with the insurance adjuster. The insurer isn’t likely to simply settle your claim and pay out the amount that you may be entitled to. Insurance companies are known for employing underhanded tactics to reduce the settlement amount they need to pay you.

Going so far as to manipulate provided statements and issue lowball settlement offers, your attorney will be well-prepared for negotiations and do everything possible to ensure you aren’t taken advantage by a profit-driven insurance company.

When to Head to Court

If the negotiations with the insurance company are successful, and we are able to obtain a settlement that adequately meets your needs, then heading to court might not be necessary. But if the amount the insurer settles for doesn’t cover your losses in their entirety, or if we are unable to get the insurer to see reason, then going to court may be the best way to obtain full compensation for your losses.

Meet with a Personal Injury Lawyer in Louisiana

If you are ready to regain control of your life after an accident but aren’t sure where to begin, reach out to an experienced Louisiana personal injury lawyer at the Law Office of Braud & Gallagher. You can give our firm a call at 1-800-256-5674 or fill out the quick contact form we have included at the bottom of this page to schedule your free, no-obligation claim review.

Suing Uber or Lyft for an Auto Injury

Rideshare services like Uber and Lyft have grown in popularity over the years, and while they are certainly beneficial to those in need of a ride, when you’re involved in an accident with one, you may need to take legal action against them to obtain the compensation you need to recuperate.

However, bringing an accident claim against Uber or Lyft can be a challenge, which is why you’ll want a highly trained attorney to work on your case. Continue reading to learn more about when these corporations’ auto insurance should be compelled to settle your claim and what to do if the rideshare service can’t or won’t settle.

When Rideshare Auto Insurance Will Cover Your Costs

Whether you were involved in an Uber or Lyft accident as a passenger or someone who simply came into contact with the rideshare service, when you suffer an injury, the liable party should be responsible for covering your damages. Uber and Lyft are both insured with million-dollar policies, but they only come into effect in very specific circumstances. These situations include:

  • When the driver is in drive mode and awaiting a passenger
  • After the driver picks up a passenger
  • The duration of the trip

These are the only times that their auto insurance provider will pay out on your claim. With that in mind, it’s important to note that rideshare drivers are also required to carry personal auto insurance policies that are used to protect them both in the event that Uber’s or Lyft’s insurer won’t pay and when they are not in driver mode.

Your Options if Uber or Lyft Won’t Pay

In the event that the rideshare service is not legally obligated to cover the damages you sustained due to an accident that occurred on their watch, in many cases, your next best option will be to file a claim against the Uber or Lyft driver themselves—or another party that is liable for the cause of the accident.

You’ll more than likely start off by filing a claim with the at-fault party’s insurance company. From there, we’ll negotiate until we are able to reach a fair and reasonable settlement offer. If the amount offered meets our needs, we will not need to move forward to court.

But if it doesn’t fully cover the losses you endured, then it may be well-advised to proceed with a civil lawsuit. In civil claims, you’ll be able to recover compensation for damages including:

  • Lost quality of life
  • Pain and suffering
  • Medical expenses
  • Property damages
  • Loss of companionship and love
  • Emotional turmoil
  • Loss of income
  • Damage to earning capacity

Get in Touch with a Rideshare Accident Lawyer

For help pursuing a car accident claim against Uber, Lyft, or their affiliates, contact an experienced rideshare accident lawyer at the Law Office of Braud & Gallagher. We are proud to offer our prospective clients a complimentary case review so we can learn more about the details of your case.

If you are interested in seizing this opportunity, give our office a call at 1-800-256-5674 or submit the online contact form provided at the bottom of this page to schedule your case review.

Louisiana Personal Injury Laws That Can Make or Break Your Case

Louisiana Personal Injury Laws That Can Make or Break Your Case

As if making the decision to pursue your personal injury claim wasn’t difficult enough, there are many Louisiana laws that can impact whether your case will be successful.

Fortunately, when you work with an experienced personal injury attorney in Louisiana, you will have a highly trained professional by your side who will be well-versed in these laws and will therefore be prepared to fight for the compensation you deserve. Below, we discuss the statute of limitations and negligence laws and how they can influence the outcome of your case.

Your Claim Could Be Over Before It Starts

It’s possible that your accident claim will be finished before it even has a chance to be successful if you fail to file your claim before the state’s statute of limitations expires.

The clock will start running from the date that you were involved in an accident, or from the date that you are diagnosed with an injury relating to the accident. It will continue to run for one year, at which point the statute of limitations will have ended in Louisiana.

If your claim isn’t filed before this deadline, then your case will be barred from the Louisiana court system, and you will no longer have the chance to secure the compensation you need to pick up the pieces of your life.

Thankfully, your attorney will have a complete understanding of how the statute of limitations works in personal injury claims and when it will expire in your case, so you can rest assured that your claim should be filed before time runs out, assuming you reach out to your attorney in good time.

Being Partially Liable for Causing the Accident

In addition to the statute of limitations, the state’s negligence laws could have an impact on the success of your claim. Louisiana follows pure comparative negligence law. This means that individuals who are partially at fault for the cause of the accident they were involved in are still able to pursue compensation from the other involved party.

However, the amount that the injury victim will be awarded will be reduced based on the percentage of blame they carry. An example could be if the injury victim was 20 percent to blame for the cause of the accident and was awarded a sum of $500,000. This award will then reflect a 20 percent deduction of $100,000, and their final award would be just $400,000.

As you can see, the comparative negligence statute can dramatically impact the amount you will be awarded for your injury claim, and you can be sure that your attorney will work to ensure that only an appropriate amount of fault is placed on you when you go to court.

Get Help from a Louisiana Personal Injury Lawyer

The laws surrounding civil lawsuits are complex, but when you have a regarded Louisiana personal injury lawyer at the Law Office of Braud & Gallagher by your side, you can focus on recovering rather than on the rules of litigation.

Look over our personal injury FAQs for additional details about the personal injury claim process, then take advantage of your complimentary claim review today when you give our office a call at 1-800-256-5674 or fill out the brief contact form we have included at the bottom of this page.

What Are a Seaman’s Rights under the Jones Act?

If you’re a seaman who has suffered a serious injury, you may be able to file a claim against your employer under the Jones Act. This will allow you to obtain the compensation you need to continue supporting yourself and your family while you recuperate from your injuries. Below, we discuss which workers are considered to be seamen and what you need to do in order to win your case.

Which Workers Are Considered Seamen?

For a worker to be classified as a seaman, they will need to do a significant amount of their work on any type of vessel. This could include a boat, cruise ship, ferry boats, or barges, to name a few. If you are a part-time employee who works on a vessel, you must devote at least 30 percent of your hours to this work to qualify as a seaman under the Jones Act.

Due to the fact that maritime law, and the Jones Act, are quite complex, if you’ve been injured at work and you aren’t sure whether or not you’ll be considered a seaman who can file a claim under the Jones Act, you should speak with a New Orleans Jones Act lawyer as soon as possible.

Negligence and Proving Unseaworthiness

Now that we’ve established which maritime employees are considered seamen, you may be wondering how you’ll prove employer liability. Thankfully, the Jones Act is one of the most employee-friendly laws across the United States.

Under the Jones Act, your employer is required to provide a safe work environment for every employee at every moment. This means that they are obligated to correct any safety hazards immediately so that seamen are able to work in reasonably safe conditions.

If at any point your employer fails to maintain this safe work environment, then the vessel you work on may be deemed unseaworthy and your employer may be found negligent. Even if some other contributing factor is primarily responsible for the cause of your injuries, your employer being even 1 percent at fault enables you to bring a claim against them under the Jones Act.

Damages You’re Entitled To

Once we establish liability, you’ll be able to obtain the compensation that’s rightfully yours. This includes coverage for the following losses:

  • Pain and suffering
  • Lost wages
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship and love
  • Property damages
  • Damage to your earning capacity
  • Inconvenience

You’re also entitled to maintenance and cure. Maintenance is the coverage of your household expenses, including utilities, your rent or mortgage, and groceries, while cure refers to the coverage of every medical expense you incur as a result of your at-sea and offshore injuries.

Get in Touch with a Jones Act Lawyer in New Orleans

When you aren’t sure if you can file a claim under the Jones Act, or if you have additional questions regarding your rights as a seaman, reach out to an experienced New Orleans Jones Act lawyer at Braud & Gallagher as soon as possible. Simply fill out the online contact form below or give our office a call at 1-800-256-5674.