Best Personal Injury Firm in New Orleans
New Orleans Car Accident Lawyer
New Orleans Car Accident Lawyer
Seth Bloom: A Winning New Orleans Car Accident Lawyer Helping Crash Victims Recover Damages and Obtain Justice Were you or someone you love involved in a car crash in NOLA? We can help you get […]Learn More
New Orleans Motorcycle Accident Lawyer Who Understands the Challenges Motorcyclists Face If you or someone you know have been involved in a motorcycle accident in New Orleans or the surrounding areas, you can rely on […]Learn More
Slip and Fall
Slip and Fall
Don’t Underestimate Your Claim: Talk to New Orleans Slip and Fall Lawyer Today An unexpected slip and fall can change your life in an instant. Injuries suffered from falling down can result in contusions, soft […]Learn More
Loss of a Limb
Loss of a Limb
New Orleans Loss of Limb Attorney for Help After an Amputation Losing a limb such as an arm or leg or extremities such as a finger or toe can be devastating. Oftentimes a traumatic injury […]Learn More
Let a New Orleans Head Injury Lawyer Help You Pursue Compensation Head injuries are serious impairments that can have lasting consequences, both for the person injured and his or her family. It is vital that […]Learn More
How a New Orleans Truck Accident Attorney from Bloom Legal 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 […]Learn More
Lost a Loved One in an Accident? You Need a New Orleans Wrongful Death Attorney When a person intentionally, negligently or recklessly causes injury to another individual, the victim has the right to take action […]Learn More
Our New Orleans Dog Bite Attorney Explains Your Legal Rights in Louisiana Dog bites are a serious public health issue. Approximately 1,000 Americans receive treatment for dog bites every day. A dog bite can cause […]Learn More
New Orleans Personal Injury Lawyer 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, a New Orleans personal injury lawyer 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 with a New Orleans personal injury lawyer and get answers to important questions.
We represent personal injury clients on a contingency basis, so you never have to fight for fair compensation after an accident on your own. We’re in it together — so your attorney won’t get paid if you don’t. So, if you’ve been injured in an accident, give us a call. Schedule an appointment at our downtown New Orleans office, and we’ll take a look at your case. We never charge for your first appointment, and if we can’t help you, we’ll try to find someone who can.
Why Do I Need a New Orleans Personal Injury Lawyer?
Here’s the thing. We deal with personal injury cases every day, you probably don’t. Most people just don’t regularly experience these sorts of life-changing events.
Our New Orleans personal injury attorneys know the tricks to look for, what to expect and how to deal with it, to ensure you the best possible result.
Insurance companies often employ specific strategies and tactics to intentionally drive down accident claim payments, including pushing you to settle before you know the full extent of your injuries. In Louisiana, you can’t reopen your case after you’ve reached a settlement — even if you later discover that the insurance company provided inadequate compensation. The law simply doesn’t permit do-overs. When it comes to personal injury law, you need to get things right the first time.
At Bloom Legal, we have years of experience with Louisiana personal injury cases. Car, motorcycle and truck accidents make up a substantial part of our practice. We know what we’re doing, and we’ll fight to get you the compensation you deserve right off the bat.
What Compensation is Available to a Personal Injury Victim in Louisiana?
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, your New Orleans personal injury lawyer 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 injury attorney. As the American Bar Association (ABA) explains, an injured person can file a claim if the defendant was negligent, committed an intentional wrongdoing or falls under the category of accidents where “strict liability” comes into play.
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 New Orleans personal injury lawyer is to help you exercise the right to monetary damages that has arisen because of the specific damage you endured.
Can I File a Personal Injury Claim On Behalf of a Child?
When a person is injured due to the negligence or wrongdoing of another, the injured person may be entitled to compensation for their suffering. But what happens when the injured person is a child or minor under eighteen?
Legal adults eighteen years of age or older must bring a personal injury claim on behalf of themselves. However, when a minor is involved the parent or legal guardian may file on behalf of the child. The nuances of personal injury laws involving minors will vary from state to state. Your New Orleans personal injury attorney will also be able to assist you in navigating the specifics of the local law.
If you are the parent or guardian of a child who has been injured, you have likely incurred a lot of expenses. Between medical bills and potentially missing work to care for your child, these expenses can add up quickly. When bringing a personal injury case on behalf of a child, the parent or guardian—as well as the child—may also be entitled to compensation.
What If a Child Is Deemed as the Cause of an Accident?
In some cases a minor may be accused of or deemed the cause of an accident.
In most states, children under the age of seven are not considered responsible for accidents they may have caused. This is because a young child is not seen to have the same awareness of their responsibility as an adult. They simply don’t know better, and cannot be held responsible for the law by accidents or injuries they may have caused. However, if it can be shown that parent’s negligence or wrongdoing contributed to the accident, the injured party may seek compensation from them.
In the eyes of the law, most teenagers are deemed responsible for their actions, even if they are not legally an adult. Particularly when a minor is driving a car, they are held to the same standard as an adult in terms of responsibility for their safety and the safety of others.
However, in some cases the financial responsibility may still fall to the parents or guardians. If they own the vehicle, and a minor is involved in an accident in it, then the parents/guardians or their insurance company will usually be held fiscally responsible.
In some cases, minors may be held responsible for due compensation once they turn 18 and legally become and adult and start earning their own money.
What Happens to My Damages if I am Partially At Fault for the Accident?
In personal injury cases, Louisiana has adopted the doctrine of “comparative fault,” also known as “proportionate responsibility.” Under this rule, which nine other states also apply, a plaintiff who is found to be partially at fault for an accident can still recover compensation, but damages between negligent parties are allocated based on their proportionate shares of responsibility.
LA Civ Code 2323 provides that in any personal injury or wrongful death lawsuit, the judge or jury will determine the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss. If the plaintiff’s injuries or death were partly the result of his own negligence and partly the fault of another person or persons, the amount of recoverable damages will be reduced in proportion to the degree or percentage of negligence attributable to the plaintiff.
Here’s how it works. A jury finds that an injured car accident plaintiff who sued another driver for compensation suffered $100,000 in damages. But the jury also finds that the plaintiff was 35% at fault for the accident, while the other driver was 65% to blame. As such, the $100,000 in damages would then be reduced by 35%, allowing the plaintiff to recover $65,000 in damages from the defendant.
Taken to the extreme, the comparative fault rule means that even if a plaintiff is found to be 99% to blame, he or she can still obtain compensation representing that remaining 1%.
Don’t Accept a Settlement Without Speaking to a New Orleans Personal Injury Attorney First
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 New Orleans Person Injury Lawyers Do for You if You Choose to Settle
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 injury lawyers 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.
Taking Your Injury Claim to Trial in Louisiana
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 your personal injury lawyer needs 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 Will a New Orleans Personal Injury Lawyer Help Me Win My Trial?
The stronger your case, the better the chances of reaching a fair settlement or maximizing a jury award. A New Orleans personal injury 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.
How Do Contingency Fees Work?
The percentage of your recovery that your New Orleans personal injury lawyer will receive can vary depending on how he or she obtained compensation for you. Some attorneys will receive a lower percentage for amounts obtained through settlement, while that percentage may be higher for damages awarded to you after the time and expense of a jury trial.
Whatever the arrangement you have with your injury attorney, it must be reflected in a written contingent fee agreement that you and your attorney will sign at the beginning of the attorney-client relationship.
Injury victims have enough financial worries to begin with; lost wages, substantial medical bills, and the costs of adapting to a life with new physical or emotional challenges. Without contingency fee arrangements, almost all injury victims would have no way to seek justice and recover damages for their losses. By not having to pay for a lawyer in order to seek compensation, injury victims have a fighting chance to hold others accountable for their negligence and get the funds they need to put their lives back together.
Contact a New Orleans Personal Injury Lawyer Now to Discuss Your Case
Give us a call at 504-599-9997 or contact us via form to schedule a consultation with an experienced and compassionate New Orleans personal injury lawyer 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?
Hear What Our Clients Have To Say
"I contacted Bloom Legal out of the blue with a strange question for a fiction series I’m writing that takes place in New Orleans. Being from Maryland I was in the dark and needed assistance and they jumped at the chance to help me (they were the only law firm that responded to my e-mail). His team worked quickly and carefully to find the information I needed. Because of the help they provided it changed a large aspect of my novel and for that I am very grateful."
Posted By: Sarah Perrie