Being involved in an accident is never easy, and it’s not exactly something you can prepare for. After you’ve been injured, you probably have many questions about what’s going to happen next.
For this reason, we’ve included a few of the questions our clients most frequently ask in regard to their personal injury claim against the at-fault party. If you have further questions, the New Orleans personal injury attorneys at Braud & Gallagher are available to help.
What if I was partially responsible for the cause of the accident?
Many injury victims refrain from pursuing the compensation they deserve because they played a part in the cause of the accident, and they assume that means they aren’t entitled to a dime.
Fortunately, this is a misconception. Louisiana adheres to comparative negligence laws, meaning that you can still file a claim even if you are partially liable. However, you should be prepared for your award to be reduced by the percentage of fault you are found to carry. If you are 10 percent at fault, for example, then 10 percent will be deducted from your final award.
Will I have to go to court?
Not always. In some cases, we are able to negotiate with the insurance company for a reasonable settlement. In others, the insurer refuses to cooperate with your needs, at which point it will be in your best interest to bring your case to court, where a judge can hear your case and issue a verdict without prejudice.
How long do I have to file a claim?
The statute of limitations for personal injury claims in Louisiana is one year from the date the accident occurred. If you didn’t discover your injuries until a later date, the statute of limitations won’t start running until the date of your diagnosis. Regardless, it is critical that your claim is filed in the Louisiana court system before the statute of limitations runs out; otherwise, the courts will refuse to hear your personal injury case.
How much does an attorney cost?
At Braud & Gallagher, you won’t have to pay anything until we win your case. Our fee will be an agreed-upon percentage of your award, so it is not one fixed rate that you’ll have to pay up front. This agreement is known as an attorney contingency fee. Then, our fee will be deducted from your winnings so you don’t have another bill to worry about while you’re recovering.
Get Help from a New Orleans Personal Injury Attorney
When you’re ready to discuss your case with an experienced New Orleans personal injury lawyer, reach out to Braud & Gallagher. You can schedule your free claim evaluation today by completing the brief contact form at the bottom of this page or by giving our office a call at 1-800-256-5674.