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April 19, 2024

New Orleans Personal Injury FAQ

When an accident occurs in New Orleans and you’re left with injuries as a result, suing the party responsible for the accident may be the only way to avoid financial distress and recover quickly. If you aren’t familiar with the legal process, however, moving forward with a lawsuit can feel daunting. 
You may deserve a settlement for what you’ve been through, and with a strong team of attorneys by your side, you’ll feel more at ease as you move forward with your case. We’ve answered some of the most frequently asked questions below regarding personal injury lawsuits, but if you have further questions, you can reach out to a New Orleans personal injury lawyer from Smiley Injury Law, LLC. 

I was partially at fault for causing my accident. Can I still obtain a settlement?

Louisiana has a pure comparative negligence law that allows all victims in accidents to file claims for damages they’ve suffered, regardless of whether they’ve shared fault in the accident. You can obtain a settlement for your damages; however, the court will deduct your percentage of fault from your settlement.
For example, if you were texting while driving when another driver ran into you, you will likely share a portion of fault for your car accident, even if you weren’t the primary cause of the collison.

Do I have to go to court to recover compensation for my accident?

We try to settle all cases in the pretrial phase, but depending on whether the defendant cooperates and agrees to settle for the amount you deserve, a case can go to trial. If we believe trial is necessary to win you the settlement you deserve, we’ll negotiate on your behalf in court. 

What damages can I recover in my personal injury claim?

You can recover both economic damages and non-economic damages. Economic damages are your financial losses, and non-economic damages are your nonfinancial losses.

How long do I have to file my personal injury claim?

The statute of limitations in Louisiana for filing personal injury claims is one year from the date your accident occurred. After the one-year deadline is up, the court may not agree to hear your case, and you may not receive any compensation for your damages. 

I don’t have the money for a lawyer. Do I have options?

Our firm works on a contingency fee basis, meaning we don’t charge for our services up front. Our fee will be agreed upon ahead of time, and it will be a percentage of the settlement we win for you. 

Reach Out to a New Orleans Personal Injury Attorney

Speaking to an experienced attorney can give you specific insight into your case. At Smiley Injury Law, LLC, we offer free consultations so you can address concerns you have without feeling pressure to commit to representation right away. To speak with a New Orleans personal injury lawyer from our team, call 504-894-9653 or fill out the contact form below.

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