Baton Rouge Car Accident Lawyer

Baton Rouge Car Accident Lawyer

Injured In A Car Crash? We Can Help Turn Your Luck Around. Car Injury Lawyers in Baton Rouge

Every year, millions of people are injured, and thousands more killed, in tragic car accidents on our nation’s roadways. Unfortunately, even if you are a safe driver, you are never truly safe as you have no control over other motorists who choose to get behind the wheel drunk or text while driving. Whether you have suffered an injury or a loved one has been killed in a car accident caused by one of these negligent motorists, you need an experienced and dedicated law firm by your side ― you need The Lucky Law Firm as your Baton Rouge car accident lawyer near you.

Our auto accident attorneys will carefully examine the facts of your case and help you obtain the compensation you deserve. We provide the highest-quality legal representation, so contact us today and let us put our experience to work for you. With car accident lawyers in Baton Rouge and New Orleans, we represent clients throughout Louisiana and southern Mississippi.

Experience You Need To Get The Compensation You Deserve

With nearly three decades of combined legal experience, our two lawyers ― Robert M. Lucky and Michael Malinowski ― can handle virtually any auto collision case, including claims associated with:

• Drunk/impaired drivers, including crashes caused by drivers who are under the influence of drugs
• Trucking accidents, including collisions caused by trucker fatigue or overloaded 18-wheelers
• Distracted drivers, including drivers who are texting or simply not paying attention to the road
• Motorcycle crashes, including accidents caused by inattentive or careless drivers
• Work-related auto accidents, particularly collisions associated with possible workers’ comp claims
• Pedestrian accidents
• Passenger injuries
• Fatal motor vehicle accidents

Why Do I Need an Attorney?

A personal injury attorney can make an enormous difference in your car accident case. They can do things like:

• Gather Evidence: Car insurance companies often require excessive amounts of evidence in order to grant compensation. Important documents include things like police reports, medical records, and other records that are relevant to the accident, like witness testimony. An attorney can help gather these documents for you so that you can focus on recovering from your injuries.
• Developing a Timeline: It is sometimes possible for an attorney to develop a timeline or even reconstruct the accident to determine who is at fault and how much compensation you might be eligible to receive. They can use things like photos, videos, and testimony of the accident to better inform all parties of what happened.
• Recruiting Professionals: In some cases, it can be beneficial to your case to receive testimony from professionals, including doctors, engineers, and more. Attorneys have relationships with these professionals to provide insight into your case and add more credibility.
• Negotiating With Adjusters: Insurance adjusters are notoriously difficult to negotiate with, especially if you are not experienced in dealing with them. It can be helpful for an attorney to negotiate with adjusters on your behalf to help your case be taken more seriously. Without a lawyer, they might attempt to take advantage of you.

An attorney can help make an overwhelming experience more bearable by offering assistance for the more difficult parts of the car accident claim process.

Common Injuries Caused In Car Accidents

While motor vehicle accidents can results in a wide range of injuries ― everything from minor cuts and scrapes to broken bones and even death ― certain injuries occur more often than others. For instance, some of the most common, yet severe, accident-related injuries include:

• Whiplash
• Traumatic brain injuries (TBI) and other head injuries
• Burns and/or scarring
• Joint, muscle, back, neck and bone injuries
• Knee damage
• Shoulder injuries
• Spinal cord injuries
• Paralysis, including quadriplegia

Whether you have suffered these or any other injury in a car crash, a motorcycle accident or a truck-related collision, you need to know that legal remedies may exist. To learn more, contact the experienced attorneys at The Lucky Law Firm today. We can help you seek the compensation you deserve.

Schedule your FREE consultation by calling us at 225.420.0918. You can also reach us online. We don’t get paid unless we obtain a recovery for you, so you have nothing to lose.

Whiplash: The Most Common Injury

According to some estimates, nearly 1 million people suffer from whiplash every year, and most of these injuries are directly related to auto collisions ― from the severe to minor fender benders. Despite the large number of cases, primary care physicians and other doctors often find the injury difficult to diagnose and to treat.

Some of the symptoms associated with whiplash include:

• Neck pain/discomfort
• Headaches
• Achy jaw
• Shoulder pain and tightness
• Vertigo
• Exhaustion
• Vision problems
• Ringing in the ears
• Back tenderness

No two car accidents are alike, so the injuries sustained in each car accident are often completely different. However, there are certain types of injuries that are more common after a car accident.

Car accidents can cause damage to the head, neck, back, and even the spinal cord, depending on the severity of the accident. Traumatic brain injuries are possible and can occur when the head collides with another object. This type of injury is normally characterized by sensory issues, including difficulty speaking or understanding others when they speak. These injuries can also increase aggression and reduce the victim’s ability to see and remember details.

Other types of serious injuries caused by car accidents include injuries to the spinal cord and back. These injuries can range from issues like herniated discs to paraplegia. They can seriously limit mobility and your ability to return to life as normal. It might be possible to return to mobility after undergoing physical therapy, but in other cases, individuals can become permanently paralyzed after a car accident, leaving them disabled.

If a car accident damages the vehicle enough, it can explode or burst into flames, resulting in severe burns. This can result in large medical bills and reduced wages due to missing work from burn injuries. If a burn is severe enough, it could also impact the nerves underneath the skin, providing additional complications to an intense burn injury.

In some unfortunate circumstances, a car accident might kill the victim. If an individual is killed, certain relatives may file a wrongful death claim on their behalf to recover damages for the family. This can include medical expenses the late victim incurred before they died, as well as any expenses for burying the victim or holding a funeral.

Things You Need To Do After A Car Accident

Driving on the streets in Baton Rouge can be dangerous. If you are ever involved in a motor vehicle accident, you need to act fast ― especially if people have suffered serious injuries. In fact, whether you are involved in a car wreck, a motorcycle crash, or a trucking accident, your immediate actions can help ensure that you have legal options down the road.

With that in mind, here are tips for what to do after a car accident in the Baton Rouge area:

1. Get medical treatment: If anyone is injured, you need to seek medical treatment as soon as possible. In many cases, even minor collisions can lead to serious injuries that require treatment, hospitalization and even surgery ― all of which can leave you with significant medical costs. Quite simply, if you are hurting, we recommend you consult a licensed medical professional to document any injuries you sustained as a result of the collision. Documentation of your injuries is extremely important if you end up filing a car accident claim.
2. Never leave the scene: The only time you should leave the scene of an accident is when emergency medical treatment is necessary ― and even then, you should only leave in an ambulance. Staying at the scene will help avoid any confusion and will ensure that no charges for hit and run are filed.
3. Call the police: The police officer will be able to obtain all of the information from all parties involved. The officer will create an official record of the accident that you can later obtain. An accident report is often used by the insurance company to confirm the events and help determine fault. Without an accident report, the entire set of events may be completely denied by the at-fault party.
4. Collect important information: Although the police will gather information from all involved parties, it is very important that you obtain as much information for your own records, especially since accident reports are often not available for a few weeks. If you are able to gather the important information, you are not held hostage by the police department before work on your claim can be started. The following information should be obtained if possible: 1) Names, addresses, phone numbers and email addresses for all parties involved; 2) drivers’ license and license plate numbers for all parties and vehicles involved; 3) insurance company name and policy numbers for all involved; and 4) name and ALL contact information for any and all eyewitnesses to the accident.
5. Take photos: Most phones have cameras on them today, so use them. Pictures of conditions or circumstances at the scene of the crash can be invaluable, particularly when proving fault. Be sure to photograph the scene of the crash, damages sustained to your vehicle and to all other vehicles involved. Photographs really are worth a thousand words and can help protect you in case of any dispute.
6. Contact An Experienced Lawyer: Since every car accident is different, you should always contact a knowledgeable personal injury attorney as soon as possible. After all, the insurance company will not wait to begin its case against you ― so you shouldn’t wait either.

However, it is important to remember that, depending on your circumstances, additional steps may also be necessary following car crash ― which brings us to another very important tip.

Will My Case Go to Trial?

Most personal injury claims are settled outside of court and do not go to trial. However, some uncommon cases must be resolved in a court of law. In this case, a court may decide that you are deserving of damages, but if they favor the other party instead, you lose out on all compensation.

One common reason for claims to go to court is confusing liability. If all the parties involved cannot agree on who is liable for the accident, it is more likely to go to court. Higher settlement amounts also increase the odds of going to court because insurance companies are more likely to hesitate to pay out large amounts of damages without court involvement.

A court case can help the victim obtain more damages if they receive a low offer from an insurance company that does not take into account all of the damages they incurred. It might be necessary to go to court in the event that other parties involved in the car accident did not have car insurance or if their policy does not offer enough coverage to satisfy the requested damage amount.

Working with a personal injury attorney can help inform your decision of whether or not to bring your case to court. Each case is different, so it is a good idea to speak with a professional before engaging in any form of drastic action.

Alternative Dispute Resolution

Some situations lend themselves to alternative forms of dispute resolution, including mediation and arbitration. In mediation, a third-party mediator attempts to settle disputes without legal entities getting involved. Both parties are encouraged to come to a resolution in mediation. In arbitration, a third party assesses the situation and makes a legally binding decision, similar to how a judge would evaluate a court case.

Cases that settle via mediation or arbitration tend to be resolved faster than those that go to court, but victims might lose out on damages that they could have received by going to trial. Every situation is different, and one individual might benefit from a form of negotiation that another might not. It also might be possible that a backed-up court could result in delays for a court hearing, which could incentivize all parties to resolve the case outside of court.

What Types of Damages Am I Able to Receive?

Car accident settlement payouts usually incorporate many different aspects of an accident’s impact on the victim. The most obvious type of damages covers things like medical expenses, which are normally easy to calculate. These include hospital bills, doctor visits, and other visits that are required as a result of the injuries sustained in the accident.

If you have missed work as a result of your injuries, you might also be eligible to receive money for lost wages. If the injuries were so severe that they will permanently limit your ability to work, you might be able to receive additional compensation.

Property damage can also be accounted for in a damages settlement. In car accidents, this usually involves the value of repairing or replacing your vehicle, but if there were other types of personal property damaged in the accident, these could be added to the total damages.

There are also intangible forms of damages that are more difficult to calculate. These are meant to provide some form of recovery for the anguish a gruesome car accident can cause. Emotional damages can involve the damage an accident has on your mental state and well-being. There are also damages available for loss of consortium if your relationship with loved ones has been affected as a result of your accident.

The amount of money in damages that you might receive varies significantly based on the scope of the accident and the injuries sustained. To determine a more concrete figure for your car accident case, contact a personal injury attorney.

Compensation You May Be Entitled To Following A Car Accident

If a car collision, motorcycle crash or trucking accident has resulted in your injury or the death of a loved one, you may be able to pursue damages from the at-fault party in both Louisiana and Mississippi. In fact, you may be entitled to two different forms of damages: economic and non-economic.

Economic Car Crash Damages: The Basics

Essentially, the goal of economic damages is to compensate car accident victims for their monetary losses. Also known as compensatory or special damages, economic damages can include compensation to cover your:

• Lost wages or salary
• Loss of earning capacity
• Past medical expenses
• Future medical expenses

What Are Noneconomic Damages?

Alternatively, noneconomic damages are meant to cover the victim’s nonfinancial losses. While nonmonetary losses are often more difficult to quantify, they may include compensation for:

• Pain and suffering: Damages for pain and suffering are awarded to compensate the victim for the actual physical pain he or she had to endure because of the auto accident. The amount of the damages awarded typically is based on the severity of the injuries and the amount of time the victim will likely suffer.
• Loss of consortium: In some cases, the victim’s surviving spouse may be able to seek damages for the loss of various marital benefits, such as the loss companionship, affection, sexual relations and comfort, among others.
• Mental anguish: These damages are designed to compensate a victim for embarrassment, fright, worry, grief, and other forms of emotional distress caused by the crash.

Wrongful Death Damages

In the unfortunate event that a loved one has died as a result of a car accident, you might be able to recover damages for funeral expenses and other costs associated with the death of a loved one. There are also intangible damages associated with wrongful death, like the loss of support or the loss of guidance if the deceased was a parent or helped educate or guide others.

Many types of severe injuries caused by a car accident can lead to death, including burns, soft tissue damage, spinal cord injuries, and traumatic brain injuries, among others. When these injuries don’t lead to death, they can be catastrophic and have lifelong effects on the victim.

The Steps of a Car Accident Claim

While every case is different, car accident claims usually follow similar steps. The typical format involves an examination phase, a negotiation phase, and either a settlement or litigation phase. Depending on the severity of your case, the timeline could differ significantly. While most cases do not go to court, if your case must be heard in a trial, it will likely take significantly longer to resolve than most.

The first phase of a car accident claim is the examination process. This process involves both your attorney and the insurance company gathering information about the accident. The more evidence that you are able to gather about your case, the more likely you will have an easier time proving your claims. During this phase, both parties try to assess the liability of each party.

The second and often final step in many cases is the negotiation phase. In this phase, an attorney can negotiate with insurance companies to argue on your behalf for a fair settlement amount. Normally, an agreement is reached at this stage, but there are some situations in which both parties cannot agree on a fair settlement amount. If your case cannot be resolved through negotiation, it then moves to litigation.

In the rare event that you must file your case with the court, both parties usually continue negotiations before the trial occurs to potentially save time and money on legal fees. In order for you to receive damages at this stage, you must convince the court that another party’s negligent actions caused your injuries; otherwise, you won’t receive any damages. This is why it is so important to hire a personal injury attorney to maximize your odds of success.

You Don’t Pay Unless We Win

You will not have to pay attorney fees unless we obtain a recovery for you, so you have nothing to lose. Contact us today.

While there are many things you should do after a severe motor vehicle crash, one of the most important is to contact an experienced car accident lawyer. After all, you cannot trust the insurance company to be on your side.

The Lucky Law Firm serves vehicle accident victims throughout Louisiana and southern Mississippi, including clients in the cities of Baton Rouge and New Orleans, among others. Your case is simply too important to trust to anyone else. We’re proud to be an auto accident lawyer near you!

FAQs

Q: What Types of Damages Can Occur in a Car Accident?

A: There are many different types of damages that can occur in a car accident. The most obvious form is the medical expenses that you might incur as a result of your injuries. There are also other forms of damages, however, like compensation for property damage or emotional damage, which can occur as a result of the injuries you sustained. To learn more about how much your case might be worth, schedule a consultation with a personal injury attorney.

Q: What Is the Average Car Accident Settlement Amount?

A: The average car accident settlement amount varies based on multiple factors. One of the largest factors involves the scope of your injuries. Typically, the more severe your injuries are, the more medical expenses are incurred, resulting in higher settlement amounts. More grievous injuries also tend to correlate with more missed work and property damage, which can be incorporated into the final settlement as well.

Q: Is Louisiana a No-Fault State?

A: Louisiana is not a no-fault state. This means that in a car accident, the individual deemed the most at fault is usually responsible for the other individuals’ damages. In no-fault states, each party must file a claim with their own insurance, regardless of who is at fault. Most states, like Louisiana, are at-fault states. This makes it easier to file a personal injury claim and hold the liable party accountable for their negligence.

Q: What Happens When a Car Accident Claim Exceeds Insurance Limits in Louisiana?

A: In many circumstances, the damages caused in a car accident exceed insurance limits. If someone is found to be at fault for a car accident that exceeds these limits, a personal injury claim could be filed against them, which could result in significant liabilities. This is why it is so important to purchase additional supplemental insurance in the event that an accident is severe enough to go over car insurance limits.

Serving Victims of Car Accidents in Baton Rouge

At The Lucky Law Firm, we understand how difficult it can be to navigate the aftermath of a car accident, especially if it causes significant injuries. We are dedicated to providing our clients with straightforward and aggressive legal services for their personal injury claims.

At The Lucky Law Firm, our ultimate goal is to get you the compensation you deserve, and we will use every legal option available to do so, including negotiation, settlement or trial. We understand that a serious accident can result in a serious financial hardship, so contact one of our lawyers today and learn how we can help you seek compensation after an accident.

For more information on how we can help with your case, schedule a consultation with The Lucky Law Firm today.