New Orleans Car Accident Lawyers
Representing Victims of Serious Motor Vehicle Accidents
Every year, thousands of Louisianans are injured or killed in automobile accidents throughout the state. Sadly, most of these accidents are entirely preventable, occurring only because someone was negligent.
If you were injured or if someone you love passed away after a motor vehicle accident in New Orleans or the nearby areas, contact Potts Law Firm right away. Our dedicated team of attorneys has extensive experience in personal injury law, as well as the resources needed to efficiently pursue your claim. We understand Louisiana’s car accident laws, and we have what it takes to help you fight for the maximum compensation you are owed.
Continue reading to learn more or call us directly at (506) 677-8259 to set up a free and confidential consultation with one of our New Orleans car accident attorneys.
Is Louisiana a No-Fault Car Insurance State?
Louisiana is not a no-fault car insurance state. In states that follow no-fault laws, accident victims can file claims with their own auto insurance providers (often called “personal injury protection,” or PIP claims) and receive compensation for covered losses, regardless of fault. However, because Louisiana follows a traditional tort-based system, injured accident victims must typically bring claims against at-fault drivers’ insurance companies to receive compensation for their losses.
It is important that you work with an experienced attorney who can help you determine who is liable for your damages. In most cases, the person or party that caused the accident is also the one who is responsible for paying for your accident-related losses.
Such losses may include:
- Medical expenses
- Lost income/wages
- Loss of future earnings
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Professional assistance and care
- Legal fees
At Potts Law Firm, our New Orleans car accident lawyers help you seek the full, fair amount you are owed for all your accident-related damages. Reach out to us today to learn more during a no-cost, no-obligation consultation.
Common Causes of Car Accidents
The vast majority of motor vehicle accidents occur because one or more parties were negligent. When this is the case, the negligent party or parties can be held legally responsible for victims’ resulting economic and noneconomic losses.
Some of the most common causes of car accidents include:
- Speeding, including driving too fast for current conditions
- Distracted driving, such as texting or using a cellphone while driving
- Driving under the influence of alcohol and/or drugs
- Unsafe or illegal driving maneuvers, including dangerous turns
- Fatigued or drowsy driving
- Failing to yield the right of way to others on the road
- Aggressive or reckless driving, including road rage behaviors
In addition to driver error and negligence, third-party negligence can contribute to or cause serious motor vehicle accidents. Examples include defectively designed or constructed roadways and infrastructure, poor roadway maintenance, and auto defects.
What If You Were Partly at Fault for the Accident?
Although the person who caused the accident is typically the one who is liable for the victims’ damages, the law recognizes that there may be multiple people or parties at fault for a single accident. To account for this, Louisiana follows a rule of pure comparative negligence. Under this rule, an injured party can file a claim and seek compensation for their damages even if they were partly at fault for causing the crash.
While you do not need to prove that the other party was entirely or even mostly at fault to file a claim, you won’t be able to recover the full amount you are seeking in damages if you are found to be partly at fault for the accident. Instead, you can only recover a percentage of the total amount. This percentage is based on the full amount minus your percentage of fault.
For example, if you were involved in a serious crash and are seeking $10,000 in compensation for your medical bills, lost income, physical pain, mental suffering, and related damages, but you are found to have been 10% at fault for the crash, you could only recover up to 90% of that amount, or $9,000. Insurance companies understand how this works and often assign unfair percentages of blame to victims in an effort to pay out less on their claims. At Potts Law Firm, we can help you fight back against these tactics.
Injured in a car accident? Call Potts Law Firm today at (506) 677-8259 or reach us online using our free and secure contact form.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
Like other states, Louisiana has a statute of limitations on car accident lawsuits. This is essentially a deadline by which you must file your claim in court. If you wait too long, and the statute of limitations expires before you file your lawsuit, you will likely lose your right to seek compensation for your damages, such as medical expenses, lost wages, and pain and suffering.
In Louisiana, the statute of limitations on nearly all car accident cases is one year from the date of the accident (or the date on which the injury occurred). This applies to both personal injury and property damage lawsuits. However, it does not apply to insurance claims. The insurance company likely has its own set of rules that govern how long you have to file a claim for damages.
Trucking Accident $1.05 Million
Potts Law Firm served as lead counsel for the family of Kook Oh who was killed by an 18-wheeler in Alvarado, Texas. Mr. Dortch sued the driver of the 18-wheeler and his employer. Following a week-long jury trial, Micah’s client received a verdict awarding over one million dollars in damages and a finding of punitive liability on the part of each of the defendants. I
Pedestrian Accident $652,000
Potts Law Firm represented a client who was run over by a drunk driver at a truck stop in Missouri. The client, a truck driver at the time, was walking from his parked truck toward the truck stop showers using a clearly marked crosswalk. As he was walking across the crosswalk, a speeding drunk driver ran him over.