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New Orleans Car Accident Lawyer

Why hire a car accident lawyer?

You may have already discovered that the car insurance company is trying to provide you with a low-ball offer instead of fair compensation for your New Orleans accident.  Lavis Law Firm can help you calculate and present your property damage and bodily injury claims including those for wage loss, loss of earning capacity and the not so easily quantifiable general damages claims for pain and suffering.

Are Justice and closure your goals?

Lavis Law Firm can help you with any applicable past, present and future medical bills and related healthcare and lost wages.  While money cannot put you in the same condition you were in before the accident, money is what our judicial system provides for and can help provide you with a sense of closure so that you can move on with your life.

If you suffered personal injuries or property damage in a car accident, you may be facing important legal deadlines. Lavis Law Firm will discuss your claim with you immediately. If we agree to handle your case, we will do so on a contingency fee basis. No fee or costs are owed if there is no recovery. You only pay if we win your case. For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-834-4000 or complete our online form.

Steps to take after a car accident?

  • Photograph the IDs of all parties involved in the accident, including drivers, passengers and other witnesses.
  • Photograph registration and insurance information.
  • Take pictures of the overall accident scene if you are able to.  Think overview of intersection, overview of all sides of all cars involved and also close ups of damages of all cars involved.
  • Call the police and do not leave the scene of the accident unless it is due to a medical emergency.
  • Make a report to the police of what happened;
  • Do not apologize after the accident;
  • Do not state how you physically feel as sometimes injures and associated symptoms take time to develop.  Of course, if you are seriously injured, take an ambulance to the hospital.
  • Get medical treatment.
  • Do not give a recorded statement to any insurance company.
  • Do not sign authorizations for medical treatment.
  • Call Lavis Law Firm New Orleans Car Accident Lawyers for a FREE CASE REVIEW.  We work on a NO RECOVERY-NO FEE Basis.  You do not owe us any fee if we do not recovery money for you.

 

Auto Accident Statute of Limitations in Louisiana (known as Liberative Prescription)

Art. 3492 provides: Delictual actions are subject to a liberative prescription of one year.  This prescription commences to run from the day injury or damage is sustained.  It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.

However, keep in mind La. R.S. 9:5629 provides: Actions for the recovery of damages sustained in motor vehicle accidents brought pursuant to Uninsured Motorist provisions in motor vehicle insurance policies are prescribed by two years reckoning from the date of the accident in which the damage was sustained.

How to File a Police Report?

The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage in excess of five hundred dollars shall:

  •  Immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within an incorporated city or town or, if the accident occurs outside of an incorporated city or town, to the nearest sheriff’s office or state police station.
  • Give his name, address, and the registration number of the vehicle he was driving and, upon request and if available, exhibit his license or permit to drive to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident.
  • Give such information and, upon request, exhibit such license or permit to any police officer at the scene of the accident or who is investigating the accident.

The driver of any vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one hundred dollars or more shall, within twenty-four hours after the accident, forward a written report of the accident to the Department of Public Safety and Corrections. Any person who violates the provisions of this Subsection may be imprisoned for not more than sixty days or fined not more than one hundred dollars, or both.  Call New Orleans Car accident attorneys at Lavis Law Firm if you need help with reporting your accident.

 

Should I File an Insurance Claim?

The minimum liability insurance coverage allowed under Louisiana law is $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 coverage for damage to someone else’s vehicle or other property. It is important to file promptly. You may need:

  •  Date and time of the accident along with a description of what happened;
  • Names, addresses and phone numbers of all involved drivers;
  • Driver’s license and plate numbers of involved drivers.

Most of this information if found in the police report. Make sure to seek medical attention even if you only sustained minor injuries. Otherwise, the other persons insurance company will try to minimize your injuries and say you are not really hurt and therefore are not entitled to reasonable compensation.

ACCIDENTS IN NEW ORLEANS – AN INTERACTIVE MAP


View the data

Click onto the interactive map above and you will see the location of the accident, date the accident was initially reported, if the accident was with initially reported with injury etc..  The map shows reported accidents in New Orleans in 2019  The orange areas are where accidents happen more frequently.  If you zoom in and drag your mouse or finger over the orange dots, you will see more detail about each reported accident.

 

CAR ACCIDENT STATISTICS

According to the most recent national statistics, the number or car accidents with injuries are on the rise nationally with over 7,277,000 police-reported motor vehicle crashes.   In these crashes, over 37,461 people died and over 3,144,000 were injured.  In addition to the physical damage and traumatic injuries, these car accidents can be devastating both emotionally and financially.  If you were injured in a motor vehicle accident that was caused by some else’s negligence, let a New Orleans car accident lawyer at Lavis Law Firm deal with the insurance companies and related litigation so you do not have to.  We can help you recover your lost wages, hospital and medical bills and funeral costs if the accident involved the death of a loved one.

 

LAVIS LAW FIRM HELP

Charles Lavis Jr and Lavis Law Firm recognize your most immediate problems following an automobile accident with injuries include the following:

  • Past and future lost wages so you can pay your day to day bills;
  • Emergency room, hospital and other medical bills that may have been placed in collections as well future medical bills;
  • Funeral expenses

Preparing a strong case can be difficult but is very important.  You will need to gather and submit all medical, wage, photos, videos and other supporting documents to establish a successful claim and get a fair auto accident settlement.  Charles Lavis has over two decades of experience with car accident claims.  He will work with your medical providers and the insurance companies so you can focus on your recovery.  In evaluating your claim, the insurance company file review will include the following:

  • Records and bills from the hospital, treating doctors and other medical providers;
  • Statements given at the accident scene by those involved in the accident, the witnesses and the reporting police officer as well as body cam video and any other statements;
  • Photographs of the accident scene, damage to vehicles and of injuries sustained;
  • Medicaid, Medicare, child support and other liens;

 

The insurance company’s goal is to give you the lowest possible settlement.  Therefore, you should hire a car accident lawyer to help!  Lavis Law will work to recover for your personal injuries and property damage caused by another person’s negligence.

Lavis Law firm represents clients in New Orleans, on the Westbank in Metairie and Kenner and throughout Louisiana.  If your accident involves a car, motorcycle or truck and was caused by someone else’s negligence reach out to us by calling, texting or chatting online.  We take cases that include, but are not limited to, the following:

 

DON’T WASTE TIME, CONTACT A PERSONAL INJURY LAWYER AS SOON AS POSSIBLE

If you suffered personal injuries or property damage in a car accident, you may be facing important legal deadlines.  Lavis Law Firm will discuss your claim with you immediately.  If we agree to handle your case, we will do so on a contingency fee basis.  No fee or costs are owed if there is no recovery.  You only pay if we win your case.    For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-834-4000 or complete our online form

 

Louisiana Insurance Requirements:

There are Louisiana insurance requirements:

  1. Liability Insurance. Under Louisiana law, drivers are required to carry minimum liability insurance coverage.  This coverage pays for property damages or personal injury for which you may be legally responsible, up to your policy’s dollar limits. In Louisiana, each vehicle is required to have at least 15/30/25 liability limits. Those limits provide payments of $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 coverage for damage to someone else’s vehicle or other property;

 

  1. Uninsured motorist. About 13% (1 in eight) of Louisiana drivers are uninsured.  Accordingly, Louisiana has a mandatory uninsured/underinsured motorist law (UM/UIM).  UM/UIM coverage can be waived with a properly executed waiver, but this move is typically a bad choice and is not recommended by car accident lawyers. UM/UIM pays benefits to you if your car is hit by a driver who has no insurance or too little insurance to pay for the full amount of your injuries. If you have Uninsured/ Underinsured Motorist coverage, any bodily injury you or an occupant of your vehicle suffers due to an accident caused by another driver is covered under this policy. Hit-and-run drivers may be classified as uninsured motorists, but it helps if there is a disinterested witness to the accident.

 

  1. Comprehensive and Collison (may be required by your lender). Comprehensive insurance usually covers falling objects, flood, fire, explosion, vandalism and theft.  Collision insurance covers damage to your car that results from an accident regardless of who is at fault and is usually required by banks and lenders if you still owe money on the car.

 

Louisiana Motor Vehicle Accident Statistics:

Drivers and their passengers are injured every day on Louisiana roads and highways.  You may be a safe driver but you cannot always control for the negligent acts of other drivers.

Unfortunately, according to a 2018 Louisiana Department of Transportation and Development Traffic Safety data, in 2018, there were 45,939 injury crashes involving 74,879 injuries and 713 fatal crashes with 763 related fatalities. There were also 117,029 property damage only crashes. The breakdown of Louisiana car accidents by the Parishes in the New Orleans Metropolitan Statistical areas is in the table below:

 

2018 New Orleans Metropolitan Statistical Area Crash Data: By Type of Crash, Injuries and Fatalities

ParishFatal
Crashes
Injury
Crashes
Property Damage
Only Crashes
Total
Crashes
Total
Injuries
Total
Fatalities
TOTALS11912,71334,73947,57120,324129
Jefferson253,71212,72616,4635,46028
Orleans406,29713,69120,02810,61141
Plaquemines01002693691600
St Bernard83058261,13950110
St Charles84031,1131,5246658
St John The Baptist134208261,25972513
St. Tammany251,4765,2886,7892,20229

 

Furthermore, according to a 2019 study, there is a spike in reported New Orleans Car Accidents in the two weeks before Mardi Gras.

According to the Louisiana Highway Research Safety Group, the most common contributing factors to the accidents with injuries and fatalities include:

  • Alcohol & Drug Impaired-Driving
  • Unbelted Passengers
  • Speeding
  • Distracted driving – texting,
  • Aggressive driving – in addition to speeding above- aggressive driving includes failure to yield, following too closely, cutting in/improper passing, disregarding traffic control, careless operation

 

Distracted Driving Accidents

While cell phone use and texting are the most common distractions, any activity that takes the driver’s eyes off the road, hands off the wheel or mind off of driving is a distraction. In the most recent survey, 2,413 accidents happen every year in Louisiana due to distracted cell phone use.

There are three main types of distractions:

Visual– taking your eyes off the road (cell phones, GPS, looking in the mirror etc)
Manual– taking your hands off the wheel (cell phones, eating and drinking, fiddling with the music or A/C)
Cognitive– taking your mind off what you are doing (cell phones, GPS, talking to passengers, pets in the car, speaking with visible headsets on).
Louisiana law says:

  • New drivers with “learner’s” or “intermediate” licenses are prohibited from using cell phones while driving in Louisiana.
  • Louisiana also has a statewide ban on the use of wireless devices for writing, sending or reading text-based communications while driving, regardless of age.
  • If you’re driving through a school zone during posted hours, it is against the law to use your cell phone or other mobile device for any reason.

If you have been injured by a distracted driver, call the police and seek immediate medical treatment.  Keep in mind that you may be facing important legal deadlines.  Lavis Law Firm is available for a free case review for distracted driving accidents.

 

Texting and Using Social Media While Driving Accidents

Louisiana personal injury lawyer Charles Lavis Jr represents people who are injured or have suffered the loss of a family member due to the negligence of another person texting or using social media while driving.  Texting and using social media while driving is particularly distracting because it involves all three types of distractions-Visual, Manual and Cognitive.  There are hefty Louisiana fines for texting and using social media while driving that range from up to $500 for the first violation and up to $1,000 for each violation thereafter.

What you can do to combat texting and using social media while driving:

  • Refuse to message friends and family when you know they are driving.
  • Pull over to a safe place to make phone calls or send a message.
  • Model good driving behaviors for children and other drivers

 

If you have been injured because of texting and driving, contact Lavis Law Firm for a free case review. Please be advised that you may be facing important legal deadlines so don’t delay.

 

 

Common Injuries Caused by Car Accidents

When car accidents in New Orleans occur, some of the most common injuries that are known to result include the following:

● Broken ribs, which occur when a person’s body is jolted as a result of an accident or hit with force.
● Herniated discs, which occur when one or more of a person’s discs in the vertebrae rupture or shift location.
● Internal bleeding, which is life-threatening if not treated immediately following an accident.
● Post-traumatic stress disorder, which includes the emotional and mental hardships that a person faces following a car accident.
● Psychological pain, which can include a number of different types of mental distress following an accident.
● Scrapes and cuts, which occur when a person’s body strikes an object following a vehicle collision.
● Traumatic brain injuries, which are particularly serious and occur when a person’s head strikes an object following an accident.
● Whiplash, which occurs after a person’s neck and head move quickly in a back and forth motion. Frequently, whiplash results in strained muscles and soft tissue damage.

No matter how you are injured, a skilled accident attorney can help you pursue the compensation that you deserve.

 

What are the four components of Louisiana Negligence Law?

  • First, the plaintiff must establish that defendant owes him a duty to exercise reasonable care.
  • Second, the plaintiff must establish that defendant breached that duty through action or inaction.
  • Third, plaintiff must establish that the breach is both the factual cause and legal cause plaintiff’s injuries.
  • Finally, plaintiff must establish that she suffered an injury.

What is Comparative Fault?

The amount of damages recoverable by a plaintiff are reduced in proportion to the degree or percentage of negligence attributable to the plaintiff suffering the injury.

 

 

Free Case Evaluation

If we can help you in any way, do not hesitate to contact us . The evaluation of your case is free. There is no cost and no obligation. Let Lavis Law Firm get you the money you deserve. Submit your free case evaluation today. If you prefer, you may contact us at toll free 1–866–558–9151 for your free evaluation.

 

READ WHAT OUR CLIENTS HAVE TO SAY
February, 2018

“Hi I was involved in a car accident July 30th 2017 after doing some research I decided to choose attorney Charles, after 6 months my case was already complete. Attorney Charles is one of the best attorneys I have ever picked. he’s very Hands-On and get the job done. He was more than an attorney, he made me feel comfortable and welcome. I was very pleased with the outcome of my case and will definitely recommend seeing Attorney Charles. If you want a lawyer thats hands on, that communicates with you no matter what day of the week it is, then this is the attorney for you😊”

Review by: Nina Smith
Reviewing: Lavis Law Firm
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