A 2020 Louisiana Department of Transportation and Development Traffic Safety Data Report estimates that New Orleans Parish recorded 2,981 auto accidents, which resulted in injuries to 4,860 people. These accidents result in devastating injuries that leave victims with substantial medical expenses and other losses.
You should not have to pay for the negligence of another driver. The experienced Dudley DeBosier Injury Lawyers are ready to assist you in seeking the compensation you deserve. Our accident lawyers in New Orleans are also aware that insurance companies often lowball clients, denying them the compensation they deserve. Insurance companies are more concerned about their bottom line and will do anything, including using robotic technology to keep overhead low. However, this tech locks out legitimate claims, making it vital to have an experienced car accident lawyer fighting for you.
Who Is Liable for Your Accident in New Orleans?
Louisiana courts use pure comparative negligence law to determine fault. Under this law, more than one person or entity can be liable for an accident. Each party is responsible for a share of damages based on its degree of blame. This implies that several parties could owe you damages for your losses. Some of the liable parties in a New Orleans car accident include:
- The other driver.
- Yourself.
- Car manufacturer.
- Manufacturer of car parts.
- Road contractor.
Damages to Recover After a New Orleans Car Accident
Each accident has its unique specifics that make it difficult to estimate what your case may be worth. However, the following are some of the damages you can expect to recover in a New Orleans car accident:
- Medical bills and related expenses: Medical bills are undeniably one of the biggest expenses you will face after an accident. These expenses apply to immediate care and future care.
- Wrongful death: A loved one or family may succumb to the injuries from a car accident. If your loved one dies in an accident, you can decide to bring a wrongful death claim against the at-fault party.
- Pain and suffering: The at-fault party may compensate you for the mental suffering and anguish suffered as a result of the accident.
- Lost income: When you are recuperating from your injuries, you will likely miss work. Lost income damages seek to compensate you for your lost income and your diminished capacity to work in the future.
- Property damage: A car crash can damage the vehicle and other valuables inside the car. If your car was totaled, the actual cash value might determine how you get paid.
What Property and Casualty Insurers Are Doing to Save Money
Property and casualty insurers offer insurance for risks of up to a certain amount in exchange for a specific coverage amount. When you become injured in a car accident, it is your right to seek compensation from your own insurance or the insurer of the party responsible for your injuries or losses. The compensation provides what you need to put food on the table and covers lost wages, medical treatment, and other expenses.
Unfortunately, dealing with insurance companies is another battle altogether. Insurers will do whatever possible to deny your claim or pay as little as possible. The following are some of the tricks insurers use to reduce or deny the claim:
- Use of AI and robotic technologies to uncover hidden data points: Today, the insurance industry relies on artificial intelligence (AI) and other robotic technologies to help them beat the odds. AI can uncover data hidden within billions of data points that can cost you needed money. While this technology helps reduce fraud and human error, it can also hinder legitimate claims.
- Delaying the claims process: Insurers may conveniently fail to return your calls or intentionally drag their feet in processing your claims. These delays are aimed at making you impatient, so you settle fast or simply give up. The delaying tactics also ensure bill collectors start harassing you for payment, so you are pressured to settle fast.
- Acting as if they care about you: The insurance adjuster may call you frequently in the guise that they are simply “checking up on you.” Make no mistake; this is not a friendly call. The agents or adjusters are trying to get you to trust them so you can reveal details of the accident that they will use against you to reduce your claim. Avoid sharing the details of your case with just anyone, especially the defendant’s insurer. The only persons you should discuss your case with are your lawyer and doctor.
- Offering a quick settlement: The insurance company may pressure you to settle quickly so you can have faster access to the funds you need for your medical bills. Although it may seem like a good thing, what they are really doing is lowballing you with an offer that is way below the compensation you deserve. A quick offer is seldom fair, and if you accept it, you will likely get less money than you deserve.
Don’t negotiate directly with the at-fault party’s insurance company. At Dudley DeBosier Injury Law, we are passionate about helping our New Orleans clients avoid common insurance company tricks. We know all the strategies insurers use to deny claims and will fight hard to get you the full settlement you deserve.
Proving Negligence In a New Orleans Car Accident
As mentioned earlier, Louisiana follows comparative negligence law. The law states that both parties could be liable for their share of negligence. To prove negligence in a car accident, you must show that the other driver had a duty of care to drive responsibly. You must also prove that the driver breached that duty of care, and the breach resulted in an accident. Finally, show that the accident caused your injuries or the death of a loved one. The most effective way to establish liability is by gathering as much evidence as possible. These include:
- Police reports.
- Medical bills.
- Crash scene videos and photos.
- Witness statements.
- Dashcam recordings.
How Can New Orleans Accident Lawyers Help
New Orleans accident lawyers can help your case in several ways, whether your injury is due to an auto accident, motorcycle accident, truck accident, or slip and fall accident. At Dudley DeBosier Injury Law, our car accident lawyers will gather evidence to build a solid case against the at-fault party and their insurer.
They will also take the burden of proving liability off your shoulders so that you get ample time to rest and heal. We can also help settle your claim for the maximum possible amount or represent you in court should the case proceed to trial.
Contact Dudley Debosier Law Office, New Orleans Today
Don’t wait to file your claim following a New Orleans car accident. You have limited time to file a lawsuit against the at-fault party. We understand the value of your case, and with the help of Dudley DeBosier accident lawyers New Orleans residents are getting experienced help when it’s most needed. Our lawyers will investigate your accident and gather all evidence to build a solid case. They will also take the burden of negotiating your claim with your insurance. We aim to make sure you settle for the maximum compensation you deserve. Contact us today to schedule a free consultation.
Reviewed by Chad Lederman at the New Orleans Dudley DeBosier office.
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