A successful car accident lawsuit will establish the other driver’s fault and prove the extent of the plaintiff’s injury and loss. The Law Office of Bart Bernard can determine liability through police reports, traffic cams, witness statements, depositions, and other investigations. Most people sue once their treatment is completed, medical bills are available, and property damage estimate is complete. The State of Louisiana gives personal injury claimants up to ONE year after the date of the injury to file. A free case evaluation with a Louisiana car accident attorney can get the ball rolling.
What Compensation Is Available For Car Accident Lawsuits?
If you or a loved one were injured in a Louisiana car accident, you can collect compensation for:
- Past, present, and future medical bills
- Lost wages from time off work and loss of future earning capacity
- Disability-related home modifications or assistive devices (if necessary)
- Pain and suffering (calculated by the addition of medical bills + lost wages x a factor of 1-10 for injury severity)
- Emotional distress (if you can prove anxiety, fear, PTSD, insomnia, or other effects)
- Loss of consortium (if your disability hindered spousal relations)
- Loss of enjoyment in life (if you can no longer participate in a passion or hobby)
- Loss of companionship and burial/funeral expenses (in wrongful death cases)
Factors That Increase Car Accident Settlements
Typically, we see higher settlement or award offers when:
- The injuries are considered “severe” like broken bones, traumatic brain injury, or spine damage.
- The plaintiff required surgery or a hospital stay for acute treatment.
- The vehicle was seriously damaged in the accident, indicating more severe injury.
- A disability will reduce the amount of future income earned.
- The plaintiff can prove anxiety, fear, loss of sleep, or PTSD with the help of a therapist.
- The injuries affect physical consortium with a spouse, inability to enjoy hobbies, or day-to-day enjoyment of life.
Factors That Decrease Car Accident Settlements
The State of Louisiana operates by the law of “pure comparative negligence.” Generously, the state lets you collect damages even if you are deemed more than 50% responsible for the injury. However, if you are deemed at fault, you can expect the total amount of your settlement offer or jury award reduced. For instance, a $100,000 award may be reduced to $25,000 if you are 75% at fault for the accident.
Car Accident Case Results
The past is no guarantee, but Bart Bernard has had some impressive victories recently:
- $4.2 million jury award
- $1.75 million jury award
- $1.5 million jury award
- $1.5 million jury award
- $1.3 million jury award
For more than 20 years, Bart Bernard has served Lafayette, Baton Rouge, New Orleans, and Arcadiana as an award-winning car accident attorney who won’t back down from a challenge. As a member of Elite Lawyers of America and the Multi-Million Dollar Advocates Forum, Bart Bernard is no stranger to large settlements and wins in court. He also has a big heart and gives back to local charities like Miles Perret Cancer Services, the Opelousas Lighthouse Mission, and the Lafayette Catholic Services Center’s New Life Center. Contact a Louisiana office to set up a free consultation today.
Additional resources:
- DMV.org, Accident Guide in Louisiana, https://www.dmv.org/la-louisiana/accident-guide/
- Louisiana State Police, Crash Reports, https://crashreports.dps.louisiana.gov/ladpsecom/SearchCrashes.ts?m=search
