YOUR QUESTIONS, ANSWERED

Personal Injury FAQs: Getting Answers After an Accident

Suffering a personal injury can leave you with many uncertainties. Our experienced attorneys provide clear, straightforward answers to your most pressing questions, helping you understand your rights and the legal process ahead.

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Understanding Personal Injury Claims

A personal injury claim is a legal action taken when someone suffers physical, emotional, or financial harm due to another party’s negligence. This means that another person or entity failed to act with reasonable care, and that failure directly caused your injury. Our New Orleans personal injury lawyers help prove this negligence to secure your rightful compensation.

To prove negligence, we must establish four key elements:

  • Duty of Care: The at-fault party had a legal obligation to act reasonably (e.g., a driver’s duty to follow traffic laws).
  • Breach of Duty: They failed to meet that standard of care.
  • Causation: Their breach directly caused your injuries.
  • Damages: You suffered actual losses (medical bills, lost wages, pain).
    Our legal team meticulously gathers evidence, including accident reports, witness statements, and expert testimony, to build a compelling case.

Many types of accidents can lead to a personal injury claim, including:

  • Car, truck, and motorcycle accidents
  • Slip and fall accidents (premises liability)
  • Workplace accidents (non-maritime)
  • Accidents involving defective products
  • Medical errors and negligence
  • Even intentional acts that cause harm.

Our firm focuses on serious and catastrophic injuries resulting from these incidents.

The Legal Process & Your Case

In Louisiana, the statute of limitations (the deadline to file a claim) for most personal injury cases is two years from the date of the injury. This is a recent change from the previous one-year rule. This is a strict deadline, and it is crucial to contact an attorney as soon as possible after an accident to protect your right to file a claim. Watch our video to learn more.

After ensuring your immediate safety, these steps are crucial:

  • Seek Medical Attention: Your health is paramount. Get a full medical evaluation, even if you feel fine.
  • Report the Incident: File a police report for vehicle accidents, or notify property owners for premises liability.
  • Document Evidence: If safe, take photos/videos of the scene, injuries, and property damage. Get witness contact information.

While our firm prepares every case as if it will go to trial, the vast majority of personal injury cases are resolved through settlement negotiations. Our reputation as accomplished trial lawyers, with multiple Fellows of the American College of Trial Lawyers, provides significant leverage in these negotiations, often leading to fairer offers without the need for a courtroom battle.

Questions About Specific Accident Types

After ensuring your safety and the safety of others, call 911 to report the accident and request police and medical assistance. Gather evidence by taking photos of the scene, vehicle damage, and any visible injuries. Exchange insurance and contact information with the other driver. Do not admit fault. Finally, contact an experienced New Orleans accident lawyer before speaking with insurance adjusters.

A “slip and fall” claim (a type of premises liability) arises when you are injured on someone else’s property due to their negligence in maintaining a safe environment. You may have a claim if the property owner knew or should have known about a dangerous condition (e.g., wet floor, broken step) and failed to fix it or warn you, and this caused your injury. Document the hazard and seek medical care.

Yes, if a defective product caused your injury, you may have a product liability claim against the manufacturer, distributor, or retailer. You typically need to prove the product was defective in its design, manufacturing, or warnings, and that this defect directly led to your harm. Our attorneys are experienced in taking on large corporations in these complex cases.

Compensation & Attorney Fees

A successful personal injury claim can provide compensation for both economic and non-economic damages. This may include:

  • Medical expenses (past and future)
  • Lost wages and diminished earning capacity
  • Pain, suffering, and emotional distress
  • Loss of enjoyment of life
  • Property damage
  • In cases of wrongful death, specific benefits for surviving family members.

We handle all personal injury cases on a contingency fee basis. This means you pay no upfront costs or attorney fees. Our firm advances all litigation expenses, and we only receive a fee if we successfully recover compensation for you through a settlement or verdict. If we don’t win, you owe us nothing. This ensures access to elite representation regardless of your financial situation.

Never accept an initial settlement offer from an insurance company without first consulting an experienced attorney. Insurance companies often make low offers, especially early in your recovery, before the full extent of your injuries and future needs are known. An attorney can properly value your claim and negotiate for a fair amount.

Calculating the true lifetime cost of a serious injury goes far beyond past medical bills. The most critical tool we use is a comprehensive document called a Life Care Plan. You can learn all about Life Care Plans in our detailed resource guide here.

Choose LKSA: Experience, Credentials, and Proven Results

When you are facing a difficult recovery, choosing the right personal injury law firm is one of the most important decisions you can make. At LKSA Law Firm, our approach is built on a foundation of deep experience and consistent recognition for our legal skill.

  • Elite Trial Credentials: Our firm includes multiple Fellows of the American College of Trial Lawyers. This honor, reserved for less than 1% of attorneys, means your case is handled by a team whose courtroom ability is considered among the very best in the nation.
  • Over a Century of Combined Experience: With more than 130 years of combined legal experience, our attorneys bring a depth of knowledge to every catastrophic injury case, providing the strategic insight needed to navigate complex claims.
  • A Proven Record in High-Stakes Cases: Our experience translates into meaningful case results. For example, we secured a settlement in excess of $6,600,000 for a brain injury from a defective equipment accident.
  • A Compassionate, Client-Focused Approach: Beyond the accolades, our focus remains on our clients. We are committed to providing clear communication and supportive guidance at every step.
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Injured in an Accident? Your Recovery is Our Priority.

You should not have to bear the financial and emotional burden of an injury that was not your fault. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Let our dedicated New Orleans personal injury lawyers put their extensive experience to work for you.

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