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July 12, 2020

Questions to Ask a Lawyer After a Car Accident in New Orleans

July 12, 2020

Car accidents happen frequently in New Orleans because it’s a big city with a lot of traffic as well as many tourists, frequent construction, and unpredictable weather. These factors combined with negligent drivers on the road increases the risk for collisions. When you experience a car accident and believe someone else was at fault, taking legal action is the next logical step.

If you’ve never filed a car accident claim in New Orleans before, you’ll likely have questions about the claims process. A New Orleans car accident lawyer from Smiley Law Firm, LLC can answer your questions during a free consultation. While you focus on recovering from your injuries, our team will handle the legalities of your case. 

Can I File a New Orleans Car Accident Claim if I Was Partially at Fault?

The state of Louisiana employs a pure comparative fault law, which will benefit you if you were partially at fault in your New Orleans car accident. You can file a claim regardless of your percentage of fault and recover compensation from any other at-fault parties. However, the court will deduct your percentage of fault from your settlement amount.

Whom Can I Sue in My New Orleans Car Accident Claim?

A negligent driver is the likely defendant in your New Orleans car accident claim, but it’ll take a thorough investigation to confirm liability. It’s possible to sue a car manufacturer or a car repair company if a car malfunction caused your accident. It’s also possible to sue a government entity if a roadway hazard caused your accident. 

How Long Do I have to File a Car Accident Claim in New Orleans?

The statute of limitations for filing car accident claims in Louisiana is one year. If you don’t file your claim within one year of when your accident occurred, the court may not listen to your case and you may miss out on recovering compensation for your damages.  

Will I Have to Go to Court to Settle My Case?

We can settle many car accident cases outside of court during pretrial meditation, but whether your case goes to court depends on whether the defendant cooperates. If the defendant in your case refuses to settle for the amount of money you deserve, we can represent you in court and fight for the maximum settlement.

What Damages Can I Recover in My New Orleans Car Accident Settlement?

You can recover both economic and non-economic damages in a New Orleans car accident settlement. Economic damages can comprise present and future medical expenses, lost wages from missing work, and property damage. Non-economic damages can comprise pain and suffering, loss of enjoyment of life, loss of consortium, scarring and disfigurement, and emotional distress.

Contact a New Orleans Car Accident Attorney

Although these questions may give you a basic overview of the car accident claims process in New Orleans, it’s helpful to speak with an attorney directly if you hope to receive a full and fair settlement amount. 

To discuss your case in greater detail with a New Orleans car accident lawyer from Smiley Law Firm, LLC, call 504-894-9653 or fill out the contact form below to schedule a free consultation.

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