New Orleans Personal Injury Lawyers

Determining whether you have a valid personal injury case involves several factors. Personal injury cases often hinge on proving that the responsible party's negligence or wrongful conduct led to your injuries. This could involve various situations, such as car accidents, slip and falls, medical malpractice, product defects, and more. Here are some key considerations to help you assess whether you might have a viable claim, but you should consult an attorney for help determining if you have a viable claim:

1. Duty of Care: Did the responsible party owe you a duty of care? In many personal injury cases, this means they had a legal obligation to act reasonably and avoid causing harm to others. All drivers have an inherent duty to act safely and responsibly to avoid causing harm to others.
2. Breach of Duty: Did the responsible party breach their duty of care? In other words, did their actions or negligence fall short of what a reasonable person or entity would have done in similar circumstances?
3. Causation: Can you establish a direct link between the responsible party's breach of duty and your injuries? You need to demonstrate that their actions or negligence directly caused your injuries.
4. Damages: Have you suffered actual damages as a result of the accident or incident? Damages can include medical expenses, property damage, lost wages, pain and suffering, and more.

Your lawyer can help you gather sufficient evidence to support your claim and hold the other party liable for your injuries. This can include photographs of the accident scene, medical records, witness statements, and any other documentation that can help establish the facts of the case.

To assess your situation more accurately and determine whether you have a personal injury case, it's strongly recommended that you consult with an experienced New Orleans personal injury attorney. An attorney can evaluate the specific details of your case, provide legal advice, and guide you through the process if you decide to pursue a claim.

Worried how much an attorney charges for car accident help? Don’t fret! Our New Orleans car accident attorneys charges nothing upfront. All confidential consultations and case evaluations are 100% free, and if you choose to hire us, you will pay nothing out of pocket. We know many injured victims hesitate to call an attorney after a car accident because they’re afraid of the cost, but a lawyer can help you get more money from your car insurance claim. So then, how do attorneys get paid for car accidents they help with? Most personal injury lawyers work on a contingency basis, meaning they collect their attorney fees from a portion of the settlement award after the case is closed. If they lose the case, they get nothing. If you don’t get paid, they don’t either.

Yes, you can still potentially receive compensation for your injuries in New Orleans even if you are partially at fault for the accident. Louisiana is one of the few states that follows a legal doctrine known as pure comparative negligence. Under this rule, your ability to recover compensation is not completely barred by your own fault, but the amount of compensation you receive will be reduced proportionally based on your degree of fault.

Here's how it works:

1. Determining Fault: The court or insurance adjusters will assess the degree of fault of all parties involved in the accident, including yours. Each party's percentage of fault is determined based on the evidence and circumstances of the case.
2. Calculating Compensation: Your compensation will then be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault for the accident and your total damages are $100,000, your compensation would be reduced by 20%, resulting in $80,000 in compensation.
3. Recovery Despite Fault: Even if you are found to be more than 50% at fault, you can still recover compensation for your injuries. However, if you are found to be 100% at fault, you might not be eligible to recover any compensation from other parties.

It's important to note that Louisiana's comparative negligence system allows you to recover compensation even if you were partially responsible for the accident. However, the amount you can recover will be adjusted according to your degree of fault. To navigate these complexities and ensure you receive fair compensation, you should consult with an experienced personal injury attorney in New Orleans at Trust Guss Injury Lawyers. We can help protect your rights, negotiate on your behalf, and ensure that your degree of fault is accurately assessed in your case.

The types of accidents and injuries we see are as unique as every client who reaches out to us, and so are the strategies we use to help them with their claims.

One thing’s for certain, though: our goals always align with your goals. We strive to secure the maximum compensation for your losses.

While you may associate personal injury lawyers with heated courtroom battles, many cases actually settle out of court, thanks to properly-filed insurance claims. Below is a the typical path an accident claim will take when you’ve got a lawyer on your side:

• Evidence collection - Here, we work on building up your case. Before we file a claim, we want to make sure it’s bulletproof. This involves a time period of collecting evidence and assessing your injuries.
• Filing the claim - We compile all of the evidence and officially file the claim with the insurance company.
• Dealing with adjusters - Some people think they can handle a car or property insurance claim on their own. Unfortunately, they often fail to recognize the tricky tactics used by most insurance companies. Insurance adjusters will try to gain your trust—and then use whatever statements you make against you to limit your payment offer. Don’t get taken advantage of. Let your lawyer negotiate with them instead.
• Settlement offers - The insurance company will make you an offer, but if you accept too fast, you could end up with tens of thousands of dollars in medical bills and other expenses and no help in sight. Instead of accepting initial offers, your lawyer can fight for a lot more money for you during our next step…
• Negotiation - Eventually, after some fierce advocacy from your personal injury lawyer, an acceptable settlement can be reached. (If not, we go into litigation and duke it out in court.)
• Compensation - Money in your pockets at last! Your lawyer will collect their fee from a fraction of this settlement.

When you partner with us, our skilled attorneys will handle your insurance claim from start to finish. We are all too aware of every tactic that insurance companies use to limit payouts. We’ll never fall for their tricks, and we know how to beat them at their own game to obtain the settlement you deserve.

If an insurance company is refusing to make the right offer, we’re prepared for litigation. We will carefully analyze your case each step of the way to ensure we take the right measures to get you the settlement offer you need to cover all of your past and future damages.

If you’re wondering when to hire an attorney after a car accident, let us spell out the answer for you: ASAP! When it comes to taking legal action, there are time limits and deadlines called “statutes of limitations.” According to Article 3492 of the Louisiana Civil Code, the statute of limitations in Louisiana for personal injury lawsuits is ONE year from the date of the incident. This includes Louisiana car accident injury cases. A year flies by faster than you think, and the clock starts ticking as soon as the accident happens. If you miss this important deadline, you may lose your chances of getting any compensation at all. Plus, if you wait too long to take legal action, important evidence may be lost forever. So if you're currently scrolling through this page, debating "Should I get an attorney for my car accident?" The answer is yes! A professional New Orleans car accident attorney can help you get the ball rolling on your case and compile all the evidence you need to strengthen your claims.

In a New Orleans personal injury claim, you may be eligible to receive various types of compensation, also known as damages, depending on the circumstances of your case. These damages are intended to provide you with financial recovery for the losses and injuries you've experienced due to the accident or incident. Here are some common types of compensation that you might be able to receive:

• Medical Expenses: This includes reimbursement for all reasonable and necessary medical costs related to your injury, such as hospital bills, doctor visits, surgeries, prescription medications, rehabilitation, and future medical treatments.
• Lost Wages: If your injury has caused you to miss work, you can seek compensation for the income you would have earned during the time you were unable to work. This can include past and future lost wages and earning capacity.
• Pain and Suffering: This type of compensation covers physical pain, emotional distress, and mental anguish you've experienced due to the injury. It's intended to provide compensation for the intangible suffering you've endured.
• Property Damage: If your personal property (such as your vehicle in a car accident) was damaged in the incident, you can seek compensation to repair or replace the damaged property.
• Loss of Consortium: If your injury has affected your relationship with your spouse or partner, they might be eligible to seek compensation for the loss of companionship, affection, and support.
• Permanent Disability or Disfigurement: If your injuries have resulted in a permanent disability or disfigurement, you may be entitled to compensation to account for the long-term impact on your life and livelihood.
• Punitive Damages: In certain cases where the responsible party's actions were particularly reckless or intentional, punitive damages might be awarded to punish the wrongdoer and deter similar behavior in the future.
• Out-of-Pocket Expenses: This includes compensation for any other financial losses directly related to the accident, such as transportation costs to medical appointments, home modifications, or assistive devices.
• Wrongful Death Damages: If the accident resulted in the death of a loved one, surviving family members may be eligible for compensation to cover funeral expenses, medical bills, lost financial support, and the emotional toll of the loss.

It's important to note that the specific types and amounts of compensation you can receive will depend on the details of your case, including the severity of your injuries, the degree of negligence of the responsible party, and other factors.

To ensure you receive fair compensation, it's highly recommended to consult with an experienced New Orleans personal injury attorney at Trust Guss Injury Lawyers. We can assess your case, calculate your damages accurately, and guide you through the legal process. Although we can't guarantee how much money you will receive, we can promise to fight hard to help you recover the maximum amount allowed under the law.

The timeline for resolving a New Orleans personal injury claim can vary widely depending on various factors, and it's difficult to provide an exact estimate. Some cases can be settled relatively quickly, while others might take longer due to complexities or legal processes. Here are some factors that can influence the duration of your personal injury claim:

1. Severity of Injuries: Cases involving severe injuries that require extensive medical treatment and recovery time may take longer to resolve. It's often advisable to wait until you've reached maximum medical improvement before settling, so the full extent of your damages is clear.
2. Medical Treatment: The duration of your medical treatment and rehabilitation can impact the timeline. It's important to have a clear understanding of your prognosis and potential long-term effects of your injuries before pursuing a settlement.
3. Insurance Negotiations: The negotiation process with the insurance company can vary. Some cases might be resolved relatively quickly through negotiations, while others might involve more back-and-forth discussions to reach a fair settlement.
4. Liability Disputes: If there are disputes about who was at fault for the accident, the resolution of these disputes can extend the timeline. This can be especially true if multiple parties are involved.
5. Litigation: If a fair settlement cannot be reached through negotiations, the case might need to go to court. Litigation can significantly extend the timeline, as court schedules and legal proceedings can be time-consuming.
6. Complexity of the Case: Cases with multiple parties, complex legal issues, or difficult-to-determine damages might take longer to resolve due to the intricacies involved.
7. Cooperation of Parties: The willingness of all parties involved to cooperate and negotiate can affect the speed at which a settlement is reached.
8. Attorney's Experience: An experienced personal injury attorney can often streamline the process and negotiate effectively, potentially leading to a faster resolution.

Given these variables, personal injury cases in New Orleans can take anywhere from a few months to a few years to reach a resolution. It's important to consult with an experienced personal injury attorney who can assess the specifics of your case and provide a more accurate estimate based on the factors involved. A New Orleans personal injury attorney from Trust Guss Injury Lawyers can guide you through the process and work to ensure you receive fair compensation for your injuries and losses.