New Orleans Car Accident Attorney Legal FAQs

New Orleans Auto Accident Lawyer Frequently Asked Questions (FAQ) Library

Legal Questions

Click on any of the questions below watch the FAQ videos and read the transcripts for each FAQ.

I can no longer have relations with my wife as a result of my car accident injury. Can she sue for loss of consortium?

Yes. One of the things that we always do in connection with the review of our client’s case is consider the impact individuals in the household other than themselves. Obviously if you have been in a car accident, you’ve been injured, you have a right to be compensated. But your injuries can extend to other people in your family. In a marriage that can include your spouse. If the other has had to pick up additional chores, there is additional stress on the relationship, you are unable to be intimate with your spouse like you were before the accident, that spouse absolutely would have a claim and we could assist them in pursuing a right to recover those damages and compensation with that in connection with it.

What is a wrongful death action?

A Wrongful Death Action is an action that can be brought by those who’ve survived a decedent– so the children, spouses, things of that nature. It’s really meant to try and compensate those loved ones for the loss of their family member. It could be to replace income if the person was the breadwinner in the family. It could be to provide just compensation for that loss of love and affection that will no longer be had as a result of the death of a loved one.

Who can bring a lawsuit on behalf of someone killed in a car accident?

If someone dies as a result of a car accident, there’s a certain number of people that bring a claim for that loss. The first and foremost would be the spouse of that decedent and the children if the person was married and had children. If they weren’t married and had no children, then the mother and father of that decedent would have a right to bring a wrongful death action. If the person wasn’t married, had no children, and had no surviving parents, well then that person’s brothers and sisters would have a right to bring a wrongful death action. Last, but certainly not least, if the decedent had no spouse, no children, no parents, and no surviving brothers and sisters, then the grandparents of the person who died would have a right to bring a wrongful death action.

What should you do if you have lost a loved one in an accident?

In October of 2001, I received a phone call that I would never forget. On the other end of the line was a nurse at Memorial Hospital explaining to me that my father was in the emergency room and had been involved in a car accident. Of course, I immediately asked her how my father was doing. She told me my dad was fine, but he was pretty banged up.
My next question to her was, “Have you been able to reach my mom and let her know about the accident and what’s going on with my dad?” She said, “I think you need to speak to your father.” My father got on the phone and was very, very shaken. I asked him if he was okay. Through tears he told me that he was all right. I then asked him if they were able to get in touch with mom, and he had to tell me that at time that mom had been with him, and didn’t make it through the accident. I was not prepared to receive that phone call.
This is a sensitive subject. If you’ve lost a loved one in an accident, I know what you’re going through. You need to retain the services of a competent attorney. Somebody who’s walked a mile in your shoes and understands the stresses and can deal with the insurance companies, and take that weight off your shoulders.

What if the truck driver who hit me in Louisiana had been drinking before the truck accident?

If you’re involved in a trucking accident and it’s determined that that truck driver was either impaired by alcohol or some other substance, there are additional remedies or rights that we may have against them. We may be able to seek punitive damages against them. Punitive damages are above and beyond your medical expenses and pain and suffering. They’re really designed to punish that driver for doing something as reprehensible as drinking and driving or consuming an alternative substance, a controlled substance, and getting behind the wheel. If you are involved in a trucking accident and we find out that alcohol or some other substance was involved, there are additional things that we can do to help ensure that you receive the maximum compensation you deserve.

What if my attorney wants to settle my Louisiana auto accident case, but I want to go to trial, or vice versa?

It is the client’s decision as to whether or not they wish to settle or go to trial. Obviously, that decision should be made after complete discussion of all the issues with their attorney. If the client wants to go to trial, it’s the attorney’s job to take it to trial. If the attorney wants to take to trial but the client wants to settle, then at that point it’s the attorney’s job to properly advise the client as to what value, the range of value, that case should settle for, given the circumstances that exist at that time.

What is the statute of limitations to bring a Louisiana auto accident case?

What is the statute of limitations for filing a wrongful death claim?

Like most claims in Louisiana, the limitations period, the statute of limitations at a time frame for bringing an action, is one year from the date of death of that person. If a person died as a result of somebody’s fault on January 1st, 2016, you would want to bring an action, a lawsuit for that death on or before January 1st, 2017 to avoid any issues with potentially losing your rights forever.

What if more than one driver was at fault for my Louisiana car accident?

Louisiana has a system called comparative fault. Basically, the fault of everybody involved in an accident–the other drivers, yourself–is all compared together and added up to come to some percentage in order to compensate you. We can certainly look at and see who all may be at fault and proceed against them, their insurance companies and whatnot to ensure that you get the compensation you deserve.

What if I have been injured by a friend or a loved one’s fault?

If you’ve been injured as a result of a friend or a loved one’s fault, there’s still remedies available. Quite often when an auto accident occurs, if a family member or a friend, a cousin, whatnot, was driving a car, the injured people inside that vehicle are really apprehensive and don’t want to sue them. Know that, typically, there’s insurance involved and there are ways that we can attempt to receive compensation for your injuries where it won’t injure that loved one or that friend personally, and limit the recovery to the insurance that’s available.

What if I am upside down on the loan for my car and I am involved in a car accident in Louisiana?

If you’re involved in an accident and you’re upside down on your loan, meaning you owe more on the loan on your car than your car is actually worth at the time of accident, they’re things that we can explore. One, at the time that you purchased your car and financed it, you may have bought what they call gap insurance. Gap insurance is specifically designed for this type of circumstance where it covers the gap between what you owe on your vehicle and what your car may be worth if something should happen to it, and it becomes a total loss. It’s not the end of the day. There’s some homework that will have to be done, but we’ll certainly work with you to try and help close that gap to ensure that you’re properly compensated.

What does 'comparative negligence' mean when determining who is liable for a Louisiana traffic accident?

Comparative negligence or comparative fault basically means this: If there’s two or more people involved in an accident, everybody’s fault has to be examined. The judge or jury is going to look at everybody involved in the accident and try to determine, “Do they have any fault at all?” If there were three cars involved in an accident and each of them were one-third at fault, well, then the comparative fault would be one-third each. If you were one of those drivers who were injured, then you would only receive one-third of the amount of your damages that you suffered in connection with that accident.

What are trucking accidents and how are truck accidents different from regular car accidents?

A trucking accident would be one involving a commercial truck. It could be an 18-wheeler that we all see going down the interstates around us, or it could be a commercial food delivery truck that we see in the neighborhood supplying the local gas station or restaurant. They’re different because, quite honestly, the size of the vehicle and the mass. They ordinarily involve much more serious injuries. Also, while we all have certain rules of the road to abide by, commercial truck drivers have additional rules. You need an attorney who understands that industry, who’s familiar with those regulations, who would know what questions to ask, and documents to gather following a commercial trucking accident.

Is there a time limit to file my Louisiana car accident lawsuit?

Is a car making a left turn always at fault for a Louisiana car accident?

How much is a Louisiana wrongful death case worth?

How much is my case or any case worth is one of the top questions that clients often ask of us. The answer really is: It depends. Every case is unique. In the case of a wrongful death action, everybody’s life was unique. Factors would include: Were they a wage earner? Were they a homemaker? What type of support did they provide, if it’s an adult? Any children that they may have had? Nobody has a crystal ball. It’s impossible to give a value at a first blush so it really takes investigation. It really takes consideration of the facts and the unique circumstances in the individual’s life in order to come up with what would be a reasonable value to compensate the family for the loss of a loved one.

How is a Louisiana wrongful death claim different from a survival action?

When somebody dies as a result of somebody else’s fault, there’s a couple potential claims that could be made. The first one is, obviously, a wrongful death claim. A wrongful death claim is designed to compensate the loved ones of the decedent. Children, spouses, things of that nature, for the loss that they’ve suffered. It could be lost income if it was a wage earner, or just love and affection. All of those things would be potentially compensable in a wrongful death action. The second action is a survival action. A survival action is an action that the survivors of the decedent make on behalf of that decedent. If death wasn’t imminent, if there was some type of suffering that occurred with the decedent from the time of the accident to death, those claims survive the death of the decedent and their heirs, their survivors, would actually bring that claim against the wrongful actor in an effort to try and compensate the person who died for the suffering they endured before their death.

Do I still have a claim against another driver for my injuries sustained in a Louisiana car accident if I received a ticket?

While the fact that you received a ticket certainly doesn’t help, it doesn’t necessarily end your claim. Louisiana has what’s called comparative fault. What that means, in short, is that everybody who’s involved in the accident, all their fault has to be compared and percentages would be assigned. For example, if you got a ticket in connection with a case and you do share some blame, that percentage of blame, let’s say 25%, would be simply assessed against you. If your claim was worth $10,000 and you had 25% at fault as a result of the ticket, you would still be entitled to recover $7,500 in connection with your case.

Are employers responsible for car accidents caused by their employees?

Are there alternatives to going to court in a Louisiana auto accident case?

Absolutely. There are alternatives to going to court in an auto accident case. As a matter of fact, the majority of the cases that we handle, given our experience and understanding of how the insurance companies operate and the thoroughness in which we document our claim files, don’t end up going to court. With that said, if need be, if the insurance company isn’t being reasonable, we are prepared, ready, willing, and able to take them to court to ensure that our clients receive the compensation that they deserve.

Are there parties other than the at-fault driver against whom I can take legal action in a Louisiana auto accident case?

Yes, there are. Depending upon the circumstances of your particular accident there may be other parties against whom we can take action in connection with your case. For example, if the driver of the other vehicle was on an errand for somebody, or they were driving a company vehicle, we could possible take action against the person whom they were taking the errand for, or the company for whom they worked. Likewise, if there’s a group of people in the car and some of the guest passengers may be distracting the driver through any number of means, there may be an action that lies against them as well.

Disclaimer: The answers provided here are for general information and advertising purposes only. No attorney-client relationship is established prior to the execution of a written Fee Agreement by an authorized representative of the firm. Every case is unique, and there are many issues that may affect your claim. You should always seek a lawyer’s advice before taking any legal action of any kind.

New Orleans Legal Frequently Asked Questions