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When Should You Contact an Experienced New Orleans Car Accident Lawyer?

The short answer is... as soon as you can. If you are looking for a New Orleans auto accident attorney near you to help you with your car accident injuries, we’re here to help! We are ready to listen 24 HOURS A DAY, 7 DAYS A WEEK—so don’t hesitate to call or contact us online to discuss your case with us! Don’t wait any longer to learn about your legal rights. In most cases, you only have one year to bring a lawsuit against the at-fault party.

One wrong decision or a small delay could mean the difference between receiving compensation to help pay your medical bills and facing mounting expenses on your own. A car accident attorney in New Orleans is ready to answer all of your car accident claims questions. Below, we'll cover everything from typical causes of New Orleans car accidents to how the claims process works. We'll also show you how our accident lawyers in New Orleans can help you get the most money from the party who is responsible for your injuries.

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How Much Is Your New Orleans Car Accident Claim Worth?

A New Orleans Auto Accident Attorney Can Help You Recover Compensation for Your Losses

Car accidents in New Orleans are traumatic events that can result in a wide range of injuries and losses. Whether you have a broken bone, a traumatic brain injury, or a life-altering disability, the expenses add up quickly. A critical part of any New Orleans accident injury claim is determining the full extent of your losses so you and your personal injury lawyer know how much compensation to seek. When calculating the value of your claim, your New Orleans car accident attorney will consider the following:

  • Costs of all medical care
  • Estimated costs for any future medical care you will need
  • Lost income wages from missing work
  • Future lost income, if your injuries keep you from returning to your former job
  • Physical and emotional pain and suffering
  • Permanent disabilities or disfigurement
  • Punitive damages in the event of egregious negligence by the defendant

When these damages are added together, you can estimate the total value of your claim. However, the struggle doesn’t stop there. Insurance companies regularly contest the value of car accident claims. Insurance adjusters may question the severity of your injuries or the necessity of the medical care you received, dismissing your pain and invalidating your feelings every step of the way. They may also claim you could’ve returned to work sooner than you did because they want to avoid covering your lost wages.

These are only a few of the many ways an insurance company will try to limit its liability. Insurance companies are NOT on your side. They may even try to tell you that you don’t need to hire a law firm, but this is only an attempt to pay you less than they should. Let our skilled New Orleans car accident team handle your claim from the very beginning to make sure you have the best possible chance of receiving the maximum car accident settlement amount you deserve.

What are the Typical Causes of New Orleans Auto Accidents?

Driving in the French Quarter can be a nightmare. If you’re commuting to or from the Central Business District, you’re bound to encounter rush hour traffic. Crowds of tourists on foot only make it worse. Everywhere you look, drivers are breaking the law. Whether they roll through a stop sign, cut you off, text while driving, or make other errors in judgment, dangerous drivers can bring your journey — and your normal daily life — to a screeching halt.

The first step in an injury claim is to identify which party or parties can be held responsible. However, proving a driver was at fault can be challenging, especially if NOPD officers didn’t issue any citations or make any arrests at the scene. This doesn’t mean you should give up, but it does mean you’ll need the help of a law firm with the right resources to determine liability.

When someone else is negligent and causes a car wreck, that party should be held responsible for all your losses. Simple, right? Unfortunately, no. While you may assume that other drivers are always at fault, this is not always the case. Review our page on New Orleans auto accident statistics or look at some of the common causes of car accidents listed below:

Drunk Driving

New Orleans is a city known for its bars and jubilant nightlife, but each resident still has a responsibility to never get behind the wheel when tipsy.

Unfortunately, not everyone follows this rule. Last year, more than 150 drivers in fatal Louisiana car crashes had blood alcohol levels over the legal limit of .08%. Alcohol was also involved in 35% of all fatal Louisiana motorcycle accidents, 21% of all fatal Louisiana pedestrian accidents, and 25% of all fatal Louisiana bicycle accidents that year.

Motor vehicle accidents also spike during Mardi Gras season due to drunk driving. If you were hurt in a New Orleans drunk driving accident, you deserve justice.

Drugged Driving

This doesn’t just apply to narcotics. Did you know some prescription drugs and even over-the-counter drugs can affect a person’s ability to operate a motor vehicle? They may be charged with an impairment DUI if they’ve been substantially affected by their medication, even if it was legally obtained.

Distracted Driving

Every day in America, 8 people are killed by distracted drivers. Cell phones are the biggest temptation drivers face today, but there are numerous other driver distractions like snacking, changing a radio station, applying makeup, and even chatting with passengers. Younger drivers have a higher risk of getting into a distracted driving accident. To avoid an accident, it’s imperative to keep your eyes on the road, keep your hands on the wheel, and keep your mind on driving!

New Orleans distracted driving laws prohibit drivers from using mobile devices to write, send, or read messages or posts. They may only use their phones for GPS features or to report emergencies. Additionally, drivers cannot talk on the phone while passing through a New Orleans school zone. If you break these laws, you will be fined and your license may be suspended. If you injure someone due to distracted driving, you can be held liable.

Fatigued Driving

Studies show drowsy driving can be just as bad as drunk driving! A study by AAA estimated that fatigued driving contributes to approximately 10% of all car crashes, and missing just a few hours of sleep can more than quadruple your risk for a crash. Falling asleep at the wheel is a serious problem because in just a few seconds, a fatigued driver’s car could travel many yards and drift into oncoming traffic and cause a head-on collision.

Speeding

According to the city's code of ordinances, the speed limit for most New Orleans streets is 25 miles per hour. It might be tempting to break this rule when you’re in a rush, but keep in mind that speeding contributes to nearly one third of all car accident fatalities. It's a simple law of physics: the faster two objects are traveling, the greater the force of impact will be when they collide.

Running Red Lights

We all have places to be, but that’s no excuse for disobeying a traffic light. Many broadside collisions, also known as T-bone accidents, occur due to drivers zooming through red lights. Thanks to New Orleans red light cameras, drivers will be fined a minimum of $100 if they’re caught running a red light. Additional fines for speeding apply.

Failing to Yield

When a reckless driver enters an intersection without respecting the right of way, they endanger the lives of others. If a particularly impatient driver fails to yield the right of way at a crosswalk, serious New Orleans pedestrian accidents can happen.

Tailgating

If a driver is tailgating the vehicle in front of them, they won’t have adequate time to avoid a crash if that vehicle stops or encounters an accident up ahead. When driving or stopping behind another vehicle, a good rule of thumb is that you should be able to see where their tires touch the ground. Always leave at least that much space — preferably more!

Dangerous Lane Changes

Aside from tailgating, impatient drivers in New Orleans have other bad habits. Other aggressive driving maneuvers include overtaking a vehicle and cutting someone off during a dangerous lane change. This aggression can surprise other drivers and cause them to stop abruptly. Sideswipe accidents and multi-car pile-ups can happen as a result of this behavior.

Additionally, when it comes to motorcycle accidents, motorcycle riders sometimes put themselves at risk by riding in between lanes of slow or stationary traffic. This maneuver, known as lane-splitting, is illegal in Louisiana.

Dangerous New Orleans Roads

State and local transportation departments in the New Orleans area are notorious for failing to maintain roads and highways. In fact, in recent years, I-10 ranked as the fourth-worst maintained roadway in the entire United States! All too often, drivers hit a pothole or another dangerous road hazard and lose control of their cars, causing them to crash.

There is no excuse for crumbling or cracked roads, and negligent government agencies should fully compensate any injured accident victims. However, Louisiana has specific laws that govern claims against public agencies. If you don’t follow the procedures exactly, you risk losing the compensation you deserve. If you think a road hazard or dangerously designed road caused your crash, call our New Orleans car accident attorneys as soon as you possibly can.

Testimonials

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Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

FAQs Answered by Our New Orleans Car Accident Lawyers

Car accidents in New Orleans are scary. There is little doubt you have questions, and you need answers to make the best decisions for you and your family. Here are some commonly asked questions our personal injury lawyers often answer.

What Steps Should I Take After a Car Accident?

You need to make sure you are safe from further injury.

Additionally, the following will provide evidence that can strengthen your legal position:

  • Report the accident to the authorities
  • Obtain the other driver’s information
  • Get witness contact information
  • Take photographs of the accident scene, damage, and injuries
  • Seek immediate medical care
  • Contact your insurance company
  • Contact our New Orleans car accident lawyers at Trust Guss Injury Lawyers. We can help gather this information if you are unable.

How Soon Should I Contact a New Orleans Car Accident Lawyer?

The sooner, the better. You only have one full year to file an accident injury lawsuit. Insurance company adjusters may contact you quickly after your accident and offer a low settlement. Never accept a settlement offer before speaking to an experienced injury lawyer.

How Long Do I Have to File a Lawsuit for Damages?

Like every state, Louisiana has a statute of limitations. After a New Orleans car accident, you have one year to file a civil lawsuit for damages. Discuss this with your lawyer because if you have a serious injury, you may not know how much time you will need to recover.

The longer the recovery time, the longer it may be necessary to wait to file a claim and lawsuit. While this wait may seem frustrating, you must make sure your claim includes all of the financial losses you face from your injury.

Even if you are not fully recovered in one year, you must file a lawsuit to protect your rights or you'll lose the opportunity to recover your losses.

The Insurance Company Is Asking for a Recorded Statement. Should I Give One?

Under no circumstances should you agree to a recorded statement. It does not matter if the insurance adjuster is your own insurer or the at-fault driver’s insurance company.

Despite what they may tell you, insurance companies will not make the process easy for you to collect damages for your losses. In fact, it's quite the opposite. They will do everything possible to minimize their losses, which means minimizing the amount they pay to accident victims.

Typically, when they record a statement, the insurance company will ask you several questions about the accident. They will then begin by asking you what seem to be different questions, but they are the same questions with slightly different wording.

Once they have a complete interview on tape, they will compare your answers. Any discrepancy in your responses will allow them to reduce the amount they are offering as a settlement.

How Long Does It Take to Resolve a New Orleans Car Accident Claim?

Several factors will determine how long your accident claim will take to settle, including:

  • The extent of your injuries
  • The number of parties responsible for your injury
  • The willingness of the insurance company to make an offer
  • The willingness of the insurance company to negotiate in good faith
  • Whether your claim settles out of court or you must go to trial

As you can see, there is no easy answer to this question. You can speak with your attorney regarding the average time their cases have taken to settle.

Are There Things I Should Avoid After a Car Accident?

Yes! Never give the impression that you were partially at fault for a car accident. This includes making seemingly innocent comments at the scene, like 'I’m sorry.' When discussing an accident with your insurance company, avoid giving a recorded statement and do not say anything that will give the impression that you might be at fault or not injured. Also, avoid posting on social media sites about the accident as insurers may check your feed to minimize your claim.

What Documents Should I Collect or Save After a New Orleans Car Accident?

Certain documents will help bolster your car accident claim. For example, one of the first documents you will need is the accident report. You may request accident reports online approximately 20 days following the accident date.

Some of the other documents we can help collect for you include:

  • Medical statement regarding your injuries
  • Pay stubs from before the accident
  • Receipts for any medical bills you are paying out of pocket
  • Receipts for any time you have to take a taxi or rent a car to seek medical care
  • Correspondence with the insurance company
  • Written notes regarding your day-to-day condition if you are keeping a journal

Please speak with a car accident attorney in New Orleans regarding any other documents they may wish for you to secure.

What Should I Do If the Insurance Company Contacts Me?

It is common for the at-fault person's insurance company to contact you shortly after an accident. This is one of the reasons why we recommend you contact an attorney as soon as you are physically able after an accident. Never speak with any insurance adjuster without getting legal advice. If you have already hired an attorney to represent you following a New Orleans car accident, you should refer the insurance company to them. If you receive any documents from an insurance company, you should not sign them without having them reviewed by your lawyer.

What Amount of Compensation Can I Expect for My New Orleans Car Accident Injury?

It is impossible to answer accurately without specific information. Every car accident is different, and a victim's injuries impact them differently. Most car accident victims can collect both economic and non-economic losses. In general, this is what you may expect:

Economic Losses Car Accident Victims Can Recover:

  • Medical bills - All out-of-pocket costs for medical care for the injuries suffered by the victim. This includes treatment of the injury, hospitalization where warranted, tests a victim may need, prescription drugs related to the injury, and rehabilitation costs when necessary.
  • Lost income - Your lost income typically starts on the day of your accident. When someone has a serious injury, particularly one that forces them to alter their work schedule or responsibilities, they may need to take long-term pay cuts. When filing a claim, your lawyer can help calculate the loss of wages resulting from your injuries.
  • Additional expenses - Some car accident victims have to hire household help, rent a vehicle, or arrange transportation to and from doctor visits. The economic part of your accident injury claim may include these expenses.

Non-Economic Losses You May Claim:

A non-economic loss is challenging to assign a dollar value, such as:

  • Victims suffering from car accident PTSD (post-traumatic stress disorder)
  • Victims suffering anxiety, depression, or loss of enjoyment of life
  • Punitive damages

Talk to your attorney about what damages you may be eligible to claim following a New Orleans car accident.

If an At-Fault Driver Is Facing Criminal Charges, What Does That Mean for My Claim?

In some instances, the at-fault driver may face criminal charges because they were driving recklessly, operating under the influence, or other charges. However, this is not something that should impact your claim.

Criminal law and civil law are two different types of law. You may need to testify in a criminal case. Still, the criminal case outcome will generally not affect your civil case against the driver responsible for your injuries.

Got a Question? Contact the Trust Guss Team
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Meet New Orleans CarAccident Lawyer Brian Page

Personal injury attorneys are trained to look at the big picture. They know how deeply a car accident impacts someone’s life. With the help of experts and investigators, they consider all of your future accident-related expenses, not just the ones you’re dealing with today. By teaming up with a car accident lawyer, you could get an exponentially higher settlement amount than if you’d handled it yourself. When it comes to how to choose an auto accident lawyer, look for someone with local expertise.

Attorney Brian Page is a graduate of the Loyola University New Orleans College of Law and is currently licensed to practice in all Louisiana State Courts as well as in Federal Court for the Eastern District of Louisiana. As a proud New Orleans resident and Super Lawyers nominee, Brian has dedicated his career to helping his fellow citizens bounce back from life-changing accidents. His past experience as a private investigator and his commitment to handling cases all the way from intake through trial enables him to meet the needs and expectations of personal injury victims throughout New Orleans. Brian knows all the tricks insurance companies try to pull to discourage injured victims, and more importantly, he knows how to fight back! Reach out now to hear how Brian can put his experience and skills to work for you.

Why Should You Choose Our New Orleans Auto Accident Attorneys?

Settling a personal injury claim with an insurance company can be a serious struggle. After reading this page, you may think you know how to settle a car accident claim without a lawyer, but trust us: a New Orleans car accident lawyer can help you get much more money after your accident. Automobile accident claims settlements can be life-changing for victims and their families. But without the expert guidance of a lawyer, they may miss out on the money they deserve.

Our client-first approach means we prioritize customer satisfaction every step of the way. We will treat you with the respect and compassion you deserve during this stressful time because we are dedicated to your recovery. We work fast to connect our clients to the medical care they need at no upfront cost. We are more than just your attorneys. We are your allies and advocates.

With national recognition, local convenience, and over two decades of experience, Stewart J. Guss Injury Accident Lawyers are proud to serve New Orleans residents. To see how we can help you, give us a call right now or fill out our simple contact form for a free, convenient, confidential consultation.

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