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May 26, 2020

New Orleans Car Accident FAQ

Car accidents can disrupt your life, and when you are injured in a New Orleans car accident because someone else was negligent, you may need to file a lawsuit to obtain a settlement and recover quickly. Taking legal action against the at-fault party in your car accident can feel daunting if you aren’t familiar with the civil court process.
You’ll likely have questions about Louisiana’s personal injury laws before officially filing your claim. We’ve answered some of the most frequently asked questions below to ease some of your concerns, but if you have further questions, schedule a free consultation with a New Orleans car accident lawyer from Smiley Law Firm, LLC. 

Can I file a claim if I shared fault in my car accident?

Yes. Louisiana has a pure comparative fault law in place that allows all victims involved in car accidents to file claims and recover compensation, regardless of their percentage of fault. The court will, however, deduct your percentage of fault from your settlement amount. 

Is there a time limit on filing my car accident claim?

The statute of limitations for filing a car accident claim in Louisiana is one year. After one year has passed from the date of your car accident, you’ll lose your right to file a claim and the court likely won’t hear your case.

Do I have to go to court to receive a settlement?

Going to court to receive a settlement in a car accident lawsuit isn’t always necessary, depending on how hard the defendant fights you. You may settle your case in pretrial mediation, but if the defendant refuses to settle for the amount of money you deserve, then we’ll fight on your behalf in court.

What do I do if my insurance reaches out to me after my car accident?

Your insurance may reach out after your car accident and ask for a statement about what happened. The adjuster may also try to settle your case quickly. But, they’ll likely try to settle your claim for less than you deserve, so it’s important to determine your full claim value before accepting any settlement offers.

What damages can I recover in my car accident lawsuit?

You can recover both economic and non-economic damages after proving negligence in your car accident lawsuit. Economic damages comprise financial losses such as medical expenses, property damage, and lost wages. Non-economic damages comprise non-financial losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

Contact a New Orleans Car Accident Attorney

Although knowing the personal injury laws in New Orleans can be helpful when filing a car accident claim, you may need to discuss your case further with a New Orleans car accident lawyer from Smiley Law Firm, LLC. To schedule a free consultation with a member of our team, fill out the contact form below or call 504-894-9653.

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