Best Personal Injury Firm in New Orleans
New Orleans Car Accident Lawyer
New Orleans Car Accident Lawyer
Helping Auto Crash Victims in NOLA Recover Damages and Obtain Justice Were you or someone you love involved in a car crash in NOLA? We can help you get the compensation you deserve. Contact Bloom […]Learn More
Louisiana Motorcycle Statistics As gas prices go up and more people focus on environmental efficiency, many have chosen to use motorcycles or motor scooters as their primary mode of transportation. In 2006, Louisiana had approximately […]Learn More
Slip and Fall
Slip and Fall
Slip and Fall Can Cause Serious Injury Slip and falls are very common accidents that can be divided into two types of categories: same level or elevated. Same level falls are more common and usually […]Learn More
Loss of a Limb
Loss of a Limb
Loss of Limb Information Losing a limb such as an arm or leg or extremities such as a finger or toe can be devastating. Oftentimes a traumatic injury may require that the body part be […]Learn More
Head or Brain Injury
Head or Brain Injury
The Road to Recovery After suffering a traumatic head or brain injury, the road to recovery may be long and uncertain. Severe trauma to the head is most often caused by motor vehicle accidents, especially […]Learn More
How Our New Orleans Truck Accident Lawyers Can Help You Accidents involving large trucks and tractor-trailers are some of the most catastrophic that occur on the roads and highways of Louisiana. It is not hard […]Learn More
Lost a Loved One to Wrongful Death? When a person intentionally, negligently or recklessly causes injury to another individual, the victim has the right to take action to recover compensation for his or her injuries. […]Learn More
Helping Injured Persons Recover Just Compensation
If you have been injured or suffered the loss of a loved one in an accident, you may be coping with financial fears, physical pain and uncertainty about the future. If your injury or your family member’s death resulted from negligence, the attorneys at Bloom Legal can help.
Under Louisiana law, victims of injuries caused by negligence or wrongdoing have legal rights. However, you must act within a limited time to pursue a claim for compensation. Our lawyers will investigate your case, gather evidence, interact with insurance companies on your behalf and help you to secure the compensation you deserve. Contact Bloom Legal today to schedule a consultation and get answers to important questions including:
- What Are My Rights As a Personal Injury Victim?
- How Can I Pursue a Claim for Damages After an Injury?
- How Can a New Orleans Personal Injury Lawyer Help Me?
What Are My Rights As a Personal Injury Victim?
After experiencing injuries, you have the right to recover compensation from any person, company or government entity that caused the harm you have experienced. To recover monetary damages, you must prove negligence or a breach of legal duty. As a victim, you can pursue compensation for:
- Medical bills: This not only includes accident-related bills that you have already paid, but it can also include any future medical expenses for treatments, pain management or even adaptive medical devices. If the care was made necessary by the incident, you should be compensated for the costs of treatment.
- Lost income: If you miss work, compensation should be provided for the income you did not earn due to physical or emotional injuries. When injuries cause a permanent decline in earning power, it is also important that you are compensated for the ongoing loss. This may mean that you are entitled to receive monetary compensation for a lifetime of lost wages if the injuries sustained have led to a permanent inability to work.
- Pain and suffering: Many accidents can cause substantial discomfort and diminish your quality of life. If that occurs, you should receive compensation for any non-economic damages you experience due to pain. While it can be hard to prove the extent of pain, a lawyer will assist you in demonstrating the extent in which the accident affected you so that you can get the compensation you deserve.
- Emotional distress: Many accidents cause you to experience anxiety, depression, post-traumatic stress disorder or related emotional issues. This is understandable because trauma can be suffered. You should be fully compensated for the emotional trauma you have experienced.
- Wrongful death damages, such as lost companionship and loss of financial support: When your loved one has died, you should be compensated for actual financial loss, especially if that individual was the primary breadwinner of the family. You should also be compensated for the non-economic damages resulting from the loss of your important relationship with that individual. Accident lawyers represent families to help them obtain this compensation.
Are You Eligible to File a Personal Injury Claim in Louisiana?
There are many different situations in which you can exercise your right to fight for compensation after a person, company or agency hurts you. While it is true that motor vehicles are a common cause of injury and death-related claims, they are not the only types of incidents that can lead to injuries.
If you were hurt in any type of incident where another person, company or agency was at fault, you can pursue a damage claim with help from an experienced attorney. Bloom Legal represents victims in a broad range of cases, including:
- Car Accidents
- Motorcycle Accidents
- Slip and Fall
- Dog Bites
- Wrongful Death
- Bicycle Accidents
- Boating Accidents
- Truck Accidents
- Head or Brain Injury
- Loss of a Limb
- Cruise Line Litigation
- Medical Malpractice
- Workplace Accidents
- Catastrophic Injuries
- Nursing Home Abuse and Neglect
- Personal Injury FAQs
Several factors must be considered when pursuing a personal injury claim, so it is best to work with an attorney to gain an understanding of your specific rights. The goal of a compassionate lawyer is to help you exercise the right to monetary damages that has arisen because of the specific damage you endured.
How to Pursue a Claim for Damages After Being Injured
After an injury, you can obtain monetary damages by litigating your case in court or by settling your claim out of court. If you accept an out-of-court settlement offer that specifies a set dollar amount, you, in essence, give up your right to pursue a future lawsuit against the person or entity who hurt you for any injuries arising from the same incident.
Louisiana personal injury settlements are very common, as many injured victims do not want the stress of going to court – and insurance companies representing those who have caused accidents frequently want to avoid the risk and expense that can be associated with court proceedings.
It is important to realize that when you negotiate a settlement, you do not have to accept the first offer that is made to you. In fact, it is likely that insurers will offer you a much smaller settlement than you should actually receive, given the nature of your injuries. Insurers want to pay as little as possible, and they often hope you will agree to settle quickly for a low amount because you either do not realize the extent of your injuries or you do not understand your legal rights.
Pressure from insurers to accept a lowball settlement is one of the reasons it is important for victims to find the best personal injury lawyer in New Orleans to take their case. Unfortunately, if you settle and it turns out you didn’t receive the just compensation you actually deserved, there will be no way to undo that settlement. Sadly, you’ll have losses that are uncompensated – which can be devastating when you have suffered a serious injury.
What Our Firm Does for You
When you’re represented by Bloom Legal, you can rest assured you are represented by a New Orleans personal injury attorney who knows how to stand up to insurers and takes a strategic approach to settlement negotiations designed to result in the most favorable settlement possible.
We can help you send a demand letter to start the negotiations on your terms. Our attorneys can also assist you in making compelling arguments to the insurer as to why you deserve a larger settlement, and we can assist throughout the negotiation process to maximize your chances of obtaining the money you deserve without having to go to court to do so.
Going to Trial
Victims also need to make sure they are represented by lawyers who are prepared and ready to fight in court for full and fair compensation. Many attorneys do not have a great deal of court experience and they primarily settle cases for clients without ever setting foot in a courtroom. It is important to note that sometimes, a fair settlement offer simply cannot be reached. In these circumstances, you do not want to simply accept a lowball offer and go without the compensation you deserve. You need an attorney who will fight and be ready to stand up in a courtroom and advocate on your behalf.
If your case goes to trial, you must prove that the other party failed to fulfill a legal obligation and that your serious injuries were caused by this failure. This means you have the burden of proving your case and if you cannot meet the burden, you will likely not prevail.
The burden of proof in civil cases isn’t like the burden of proof in criminal cases, which would require you to prove liability beyond a reasonable doubt. In injury claims, you must prove by a preponderance of the evidence that the defendant caused you harm through negligence or wrongdoing and thus owes you compensation. This means you need to demonstrate that it is more likely than not that the evidence you are presenting and the version of events you are arguing is true and accurate.
Showing that someone else caused you injury can be harder than it seems. Our legal team will help you gather evidence and devise a strategy to meet your burden of proof.
How Can a New Orleans Personal Injury Lawyer Help Me?
The stronger your case, the better the chances of reaching a fair settlement or maximizing a jury award. A lawyer at Bloom Legal will help you:
- Obtain police reports
- Interview eyewitnesses
- Find experts to testify on your behalf
- Investigate the cause of your accident and injuries
- Develop a case strategy
- Guide you through the legal process
- Gather evidence
- Prove the extent of your damages
Taking all these steps is important because each one can help you to maximize the chances you will prevail in court and get the compensation you deserve. For example, obtaining police reports and interviewing eyewitnesses are both important in case the defendant has a different version of events to present to the court. When the jury is forced to decide what really happened after the injury, they can use information from the police reports and the witness testimony you presented to get a clearer picture of the crash cause.
Developing a case strategy is also essential because there are different things to prove when dealing with various types of claims. If you’re pursuing a case based on a driver who violated the rules of the road, for example, this is a circumstance where you can argue that the very violation of the rules is sufficient to create a presumption of negligence.
If this argument is a successful one, you won’t have to do anything additional to prove the defendant was careless and breached his duty, other than showing he violated a safety rule. But, if you are pursuing a claim by simply arguing a driver was more careless than he should have been, even without an obvious violation of a safety law, you’d need to present evidence showing a hypothetical reasonable driver would have been much more careful in the same situation.
Differences Between Accident Cases
There are other substantial differences between accident claims and other types of cases. Slip-and-fall claims, for example, are based on a legal theory called premises liability and the specific obligations that a property owner owes to you will vary depending on the reason why you were visiting the property to begin with. Our personal injury lawyers help victims understand the legal arguments they need to make to maximize the chances of being compensated for damages and we help clients make those arguments in court in the most convincing possible manner.
Costly injuries are very common, and getting legal help to try to successfully prove your claim is vital. For example, auto crashes and slip and falls are a leading cause of brain injuries and spinal cord damage, either of which can result in millions of dollars in costs over your lifetime.
You want to ensure you have the money you need to have the best quality of life you can – even after sustaining permanent impairments – and you want to hold the person who hurt you accountable. An attorney can help you navigate the legal system to get compensation and ensure the person who hurt you is found responsible.
Contact a Personal Injury Attorney Now to Discuss Your Case
Bloom Legal will do everything possible to help you obtain full and fair compensation by proving your claim against someone who caused you harm. We can represent you in court or out and we will be there from the start of your case when we begin gathering evidence, through negotiations or litigating your claim all the way to the end of the process when your claim has been fully resolved.
Contact us today to schedule a consultation with an experienced and compassionate attorney at Bloom Legal to learn more about how we can provide personalized representation after your injury.
At Bloom Legal, client communication is key. We are available 24 hours a day, 7 days a week to answer your call.
Do I Have to Go to Court for a Personal Injury Claim?
Stay Safe During
Hear What Our Clients Have To Say
Working with Bloom Legal has been one of the best decisions that I have ever made. Seth and his team are professional, fast, and dedicated. Seth is a lot more than a lawyer; he is a fighter! Seth took on my case and treated me like a person instead of a client. He made a difficult situation very easy. I am very thankful for Seth and his team!
Posted by: Tyler Ales