Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
If you’ve been hurt in a car accident in New Orleans, you might be wondering if you need a lawyer to handle your case. The truth is, you’re not required to hire one. However, dealing with insurance companies, understanding Louisiana’s accident laws, and recovering from injuries all at the same time can quickly become overwhelming. A car accident lawyer can make a significant difference in how your case turns out.
This guide will explain what happens after a car accident, what lawyers actually do to help, and how hiring one can protect your rights, especially when insurance companies resist.
Understanding the Legal Landscape After a Car Accident in Louisiana
After a crash, you have the right to seek compensation if someone else’s actions caused your injuries. However, knowing your rights under Louisiana law is essential before taking the following steps.
Under Louisiana law, you generally have one year from the date of your car accident to file a personal injury lawsuit.
Louisiana also follows a pure comparative fault system. This means that if you’re partly to blame for the accident, your compensation can be reduced by your percentage of fault.
Louisiana follows a pure comparative fault system, meaning your compensation can be reduced based on your percentage of fault.
Understanding these rules is critical. Insurance companies will often try to use them to lower your payout, especially if they can argue you were even slightly at fault.
What Car Accident Lawyers Actually Do
Many people don’t realize how much a car accident lawyer actually handles. Their job isn’t just about going to court. In fact, most cases settle before reaching trial. Here’s how an attorney can support you from day one:
- Investigating the accident scene
- Collecting and preserving evidence like police reports, surveillance videos, or witness statements
- Reviewing your medical records to calculate full damages
- Handling all communication with insurance companies
- Filing paperwork and meeting legal deadlines
- Representing you in negotiations and, if needed, in court
Experienced lawyers understand how to build a strong claim. They can also protect you from saying or doing anything that could hurt your case later.
Common Tactics Used by Insurance Companies
Insurance companies are in the business of making money. They often use specific tactics to avoid paying full compensation to accident victims. If you don’t know what to expect, it’s easy to get shortchanged.
Insurance companies are not obligated to act in your best interests. Their primary goal is to protect their bottom line.
Some of the common tactics include:
- Delaying responses or payments until you give up or accept a low offer
- Claiming you were partly or entirely at fault to reduce what they owe
- Offering early settlements that seem fair but are far less than what you actually deserve
- Misstating what’s covered under the policy
Having a lawyer on your side makes insurers take your claim more seriously. They know you have someone who understands the system and is ready to challenge unfair practices.
Cost of Hiring a Car Accident Lawyer in New Orleans
One of the biggest reasons people hesitate to hire a lawyer is the cost. But most personal injury attorneys, including Alvendia, Kelly & Demarest Law Firm, work on a contingency fee basis. This means you don’t pay anything unless they help you recover compensation.
There are no upfront fees. Instead, the lawyer receives a percentage of the settlement or court award. This allows people of all financial backgrounds to access legal representation.
Past results do not guarantee future outcomes. Each case is evaluated on its facts.
It’s also important to know that:
These are typically court filing fees, charges for expert witnesses, or medical record retrieval. A reasonable attorney will explain all potential expenses up front so you can make informed decisions.
Benefits of Legal Representation After a Drunk Driving Accident
If the crash involved a drunk driver, having a lawyer becomes even more critical. These cases often involve both criminal and civil consequences. While the state handles the criminal charges, the victim may sue for damages in a personal injury case.
A lawyer can use:
- Police reports showing the driver’s BAC level
- Criminal case outcomes
- Witness statements
- Crash reconstruction reports
All of these can help prove liability and support a claim for compensation.
Depending on the circumstances, drunk driving cases may also qualify for punitive damages, which are additional damages meant to punish extremely reckless behavior.
When You May Not Need an Attorney
Legal help is recommended in most cases, but there are situations where it may not be necessary. For example:
- You weren’t injured, and there’s only minor property damage
- The other driver admits full fault, and the insurance company pays your repair and medical bills quickly
- No long-term medical treatment or wage loss is involved
Even in these cases, it’s still a good idea to consult a lawyer to make sure your rights are fully protected. Many firms offer free consultations.
Comparison: With vs. Without a Lawyer After a Car Accident
| Factor | Without a Lawyer | With a Lawyer |
| Understanding of legal rights | Limited | Comprehensive legal insight |
| Negotiating with insurers | High risk of underpayment | Skilled negotiation for fair compensation |
| Evidence collection | Often inadequate | Thorough and timely evidence gathering |
| Settlement outcome | May accept lowball offers | Higher average settlement values |
| Stress level during process | High – managing everything alone | Reduced – legal team handles procedures |
Frequently Asked Questions
Is it worth hiring a lawyer after a minor car accident in New Orleans?
Even in minor accidents, injuries like whiplash can surface later. Consulting a lawyer helps assess if you’re entitled to compensation beyond property damage.
What if I can’t afford a car accident lawyer?
Most lawyers handle personal injury claims on a contingency basis. You don’t pay unless you recover compensation. Clients may still owe certain legal costs.
Can I handle my car accident claim myself?
Yes, but it’s risky. Insurance companies have teams of professionals whose goal is to minimize payouts. A lawyer levels the playing field.
Will hiring a lawyer delay my claim?
No. In fact, legal involvement often speeds up the process, especially when insurers try to stall or ignore unrepresented claimants.
How does drunk driving affect my personal injury claim?
If the at-fault driver was intoxicated, that fact can support your claim and, depending on the circumstances, may lead to enhanced compensation.
What documents should I bring to my consultation?
Bring your accident report, photos, insurance details, medical records, repair estimates, and any communication with insurers.
Conclusion
Navigating a car accident claim in New Orleans can be tough, especially if you’re injured and trying to recover. Insurance companies often make it harder, not easier, to get the compensation you deserve.
A car accident lawyer understands the legal system, understands how to work with insurers, and can assist in establishing a compelling case right away.
Contact Alvendia Kelly & Demarest today at 504-618-1632 to schedule a free consultation.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
