Español

Stewart J Guss, Injury Accident Lawyers, New Orleans Office

400 Poydras Tower Poydras St Suite 1975 New Orleans, LA 70130   The legal field encompasses many roles. Different kinds of attorneys deal with different kinds of problems. (You wouldn’t get divorce lawyer to handle a motorcycle crash, would you?) When someone is the victim of an accident that was not their fault, they need the help of a personal injury lawyer.

What Is A Personal Injury Case?

Personal injury cases are civil cases that involve reckless, careless, or negligent behavior from a person, business, or other entity that results in injury to another person. The injured victim then provides proof of negligence and pursues compensation for their accident-related losses. Under Louisiana law, personal injury cases have four main components:

  1. Duty of care: A person, business, or other party owed a duty of care to another person. This means they were expected to behave reasonably and rationally to keep others safe.
  2. Breach of duty: The at-fault party violated the duty of care by behaving recklessly or negligently.
  3. Causation: The breach directly caused harm to someone else.
  4. Damages: The injured victim suffered losses as a result of the breach of the duty of care.

If a person, business, or other entity fails to act in a reasonable manner and harms someone else, they are at fault and can be held liable. However, in order to hold a negligent party accountable, you must begin a personal injury claim. In a personal injury claim, the “burden of proof” is on the injured victim, also known as the plaintiff. This means it’s up to the victim and their lawyer to prove all four elements of negligence by presenting supporting evidence. For help with any personal injury case, give us a call now at 800-898-4877 or visit our contact page for a free case evaluation!

Types of Personal Injury Cases

A Louisiana personal injury lawyer helps with cases including but not limited to:

Car Accidents

On average, 160,000 Louisiana car accidents are reported every year. Expenses and injuries from car accidents can devastate victims and their families, but our personal injury lawyers have made it their mission to help. When pursuing Louisiana car accident damages, we can help you get your life back on track and connect you to medical care, rental vehicles, and more.

Truck Accidents

18 wheeler accidents can be catastrophic, resulting in severe injuries. Dealing with insurance after a truck accident is also complex, as multiple at-fault parties may be liable. Last year there were more than 8,000 truck accidents in Louisiana. If you’ve been hurt in a semi truck accident, reach out to a Louisiana truck accident lawyer with a history of success. With decades of experience, we’re ready to help truck crash victims put their lives back together.

Drunk Driving Accidents

Data from Louisiana State University revealed that there were over 17,000 DWI cases in Louisiana in 2019 alone. Jefferson parish and East Baton Rouge were the biggest offenders. If you or a loved one have been impacted by a drunk driver’s careless actions, we are dedicated to holding them accountable and pursuing the maximum compensation to which you are entitled.

Hit & Run Accidents

Did you know residents of Louisiana are injured in more than 4,000 hit and run accidents every year? Sadly, an annual average of 44 of these accidents are fatal. If you or a loved one have been a victim of this egregious act, we’re ready to fight for justice.

Bicycle Accidents

Cyclists are a common sight on the narrow streets of The Pelican State, but their ride isn’t always smooth. Each year, there are an average of 878 Louisiana bicycle accidents. If you’ve been hurt in a bike accident, our dedicated attorneys are ready to help you recover physically and financially!

Motorcycle Accidents

There are nearly 2,000 Louisiana motorcycle accidents every year, and the resulting injuries are often severe and life-changing. If you’ve been the victim of a motorcycle wreck, a Louisiana motorcycle accident lawyer can be vital to your recovery.

Bus Accidents

From school buses to tour buses, these large vehicles are a common sight in Louisiana. Unfortunately, so are bus crashes. Last year there were 459 school bus accidents and 476 other bus accidents in Louisiana. Our Louisiana personal injury lawyers know how to pursue maximum compensation after a bus crash.

Scooter Accidents

Mopeds, Vespas, motor scooters. No matter what you call them, their riders are vulnerable. When scooters collide with pedestrians or cars, the results can be devastating. A Louisiana scooter accident lawyer can help you bounce back.

Pedestrian Accidents

Pedestrian fatalities in Louisiana

are so high, the state ranks fourth in the nation for the highest number of pedestrian deaths. Since pedestrians have no protection when they are involved in an accident, the results are often catastrophic injury, paralysis, or death. A personal injury lawyer is here to help you and your family find justice.

Slip and Fall Accidents

Hazards can be anywhere, from stores to restaurants to parking lots. If you've taken a tumble and are in pain, don't just try to brush it off. Let our slip and fall lawyers provide a free consultation.

Uber Accidents

Rideshare apps are a popular way to ensure you’re partying responsibly. But what happens when an irresponsible Uber driver gets in a wreck with you? Don’t despair: our car accident lawyers are well-versed in the details of Uber insurance policies.

Wrongful Death

Nearly 730 people die in fatal car crashes in Louisiana each year. That’s an average of 2 per day. If you lost a loved one in a fatal motor vehicle accident, you may be entitled to compensation for burial expenses, pain and suffering, and more. Let our Louisiana wrongful death lawyers explore ways to ease your financial burdens and guide you through this difficult time. Personal injury law also includes:

  • premises liability cases
  • workplace accidents
  • medical malpractice and neglect
  • defective products or harmful medications

If you’ve been hurt in an accident like this, speak with a personal injury attorney ASAP! Below we answer a few more common questions from personal injury victims.

Louisiana Personal Injury FAQ

How long do I have before I have to file a claim?

We know you want to carefully consider your options, but the clock is already ticking. Louisiana personal injury claims have a time limit. The Louisiana statute of limitations for personal injury is only one year from the date of the accident! If you wait too long to take action, valuable evidence may be lost or your case may be dismissed entirely. Certains exceptions and extensions may apply; speak with an attorney to see how this applies to your unique case.

Is Louisiana a no fault state?

No, Louisiana is not a no fault state. Louisiana accidents operate under pure comparative fault. This means your settlement award may be reduced depending on the percentage of fault attributed to you. However, a person involved in an accident can still recover a small portion of damages, even if they are declared to be 99% at fault. Here’s an example: if you are 90% responsible for a car crash and you suffered $100,000 in damages, you may still be able to receive $10,000 from the insurance company.

I was hurt, but I might be partly at fault. Do I still have a case?

Yes! Under Louisiana’s comparative negligence laws, you may still be entitled to compensation even if you were partially at fault for an accident—although your final settlement amount may be reduced by your percentage of fault. For more information about your specific case, reach out now. We’re ready to listen.

How do I know if I have a case?

To find out if you are entitled to compensation for your accident injuries, reach out now for a free consultation with one of our experts. Visit our contact page to begin. We are available 24/7. All case evaluations are confidential, convenient, and risk-free. We want to help you learn more about your options, even if you don’t end up partnering with us. There’s nothing to lose, and everything to gain!

What expenses are included in a personal injury claim?

Expenses and losses related to an accident are known as “damages.” A settlement exists to reimburse a victim for these damages. Every case will be different. For example, there will be a big difference in how much money someone gets from a sprained ankle versus a traumatic brain injury. Damages in a personal injury case commonly include:

  • Medical expenses, including surgery, diagnostic imaging, prescription medications, physical therapy sessions, and mobility aids like wheelchairs and crutches
  • Lost wages and lost earning capacity if you miss time off work or have to modify your responsibilities at work
  • Property damage to your vehicle or other personal belongings
  • Funeral and burial expenses in the event of wrongful death
  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Disability or disfigurement
  • Punitive damages, which exist solely to punish the at-fault party for particularly negligent actions or crimes (drunk driving is a common example)

When they're all added together, these damages will represent what is a fair settlement for a car accident. Again, every case is different, and only a car accident lawyer knows how to get the maximum settlement from your car accident. By carefully tracking your expenses and consulting with expert witnesses, a lawyer can let you know what you deserve. To get the money you need, it’s important to speak with a Louisiana personal injury lawyer as soon as possible after your accident. Remember, you’ll pay nothing unless we win!

How Much Does A Louisiana Personal Injury Lawyer Cost?

Our Louisiana personal injury lawyers represent clients through a contingency fee contract. This means you pay nothing up front. We only get paid after we’ve helped you win your case and settle your claim. Even then, you won’t pay out of pocket. Instead, your lawyer will deduct a portion from your settlement.

Get Help from A Louisiana Personal Injury Lawyer Now

Personal injury cases can be messy. Insurance companies don’t always play fair; they want to protect their profits and avoid paying you the money you need. For best results securing a reasonable settlement, you need an aggressive advocate on your side. With local experience and national recognition, Trust Guss Injury Lawyers are here for you. Get your free consultation by calling 800-898-4877 or fill out the form on our contact page. We are available 24/7, and our client-first approach guarantees you will be treated with the patience, respect, and compassion you deserve, every step of the way.


Read More:What is A Reasonable Settlement for A Car Accident in Louisiana?How is Pain and Suffering Calculated in Louisiana? Louisiana Personal Injury Statute of Limitations When Should You Contact A Lawyer After An Accident in Louisiana? What Percentage Do Car Accident Lawyers Take in Louisiana? How Long Does It Take to Settle A Personal Injury Case in New Orleans? How Do You Negotiate A Car Accident Settlement Without A Lawyer in New Orleans? Is It Worth Getting A Lawyer for A Minor Car Accident in Louisiana? Hit & Run Guide | New Orleans Car Accident Lawyers


Back to Blog

Get a Free Consultation

2 minute response

24 hours a day, 7 Days a Week

Dedicated Trust Guss Intake Team

This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 888-298-4070.
Contact Us