If you’re dealing with the aftermath of a car accident caused by a careless or distracted driver, we’re here to offer the support and representation you deserve. Our commitment to placing your needs first sets us apart in New Orleans — we’re dedicated to guiding you through this challenging time. We tirelessly pursue the maximum compensation for your personal injury case, ensuring you’re always informed and supported.

Our lead attorney here at The Desiah Law Firm, L.L.C. is Travis Desiah. Mr. Desiah is a cum laude graduate from Mississippi College School of Law with a record of academic excellence. Before leading The Desiah Law Firm, L.L.C. he was elected to serve as the Executive Trial Competition Chair of the Moot Court Board. While in law school, Travis was awarded the Dean’s award for his high academic achievements. He also received multiple American Jurisprudence Awards for earning the highest grade in numerous law school courses.

Car accidents happen in the blink of an eye, and the injuries can last a lifetime. We see this every day, as we work with your friends and neighbors. Reach out to us promptly for compassionate legal assistance in pursuing your personal injury claim.

New Orleans Car Accident Statistics

New Orleans can be dangerous place to drive, and the data shows this. Research shows a 32% increase in the number of people killed on New Orleans roads between 2020 and 2021, the latest year for wthe data shows thishich data are available. Pedestrian deaths alone nearly doubled, from 11 to 21. The number of traffic fatalities in 2021 – 71 – is the highest in nearly 20 years.

There are a plethora of reasons for the upward trend in both car accident crashes and deaths. An increase in distracted driving is one of the biggest factors, as people look down at their phones and infotainment systems more than the road in front of them. Another cause is the increasing size of vehicles on the road. When a pedestrian or bicyclist gets hit by an SUV versus a smaller car, they’re more likely to get pulled under it, rather than roll over it, and be killed. Even a smaller car will fare worse against a massive SUV or truck. That has resulted in an increased share of people dying in crashes. We see this more and more every day.

What does all of this mean for you? It means if you’ve recently been in a devastating car accident, you aren’t alone. You don’t have to fight for your compensation alone either.

Light Vehicle And Bus T-Bone Accident

Types of Car Accident Cases Handled by New Orleans Car Accident Lawyers

At The Desiah Law Firm, L.L.C., our team of skilled New Orleans car accident lawyers has managed a wide range of vehicle collision cases, including:

This is a type of car accident that often happens because of the at-fault driver’s inattention or following too closely behind another vehicle in front. LA R.S. 32:81 provides that the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway. There are instances in which the rear-ending motorist may not be completely at fault, such as when the leading motorist suddenly slams on their brakes, unsafely pulls in front of the other vehicle, reverses their vehicle into the rear vehicle, or fails to have working taillights. The facts of each rear-end collision can be very different and will be thoroughly investigated by our car accident attorneys.

This is almost always a serious car accident. It requires a car accident attorney to carefully investigate to establish fault, particularly in cases involving wrong-way drivers or those under the influence.

These accidents occur frequently at intersections. Our car accident lawyer handles issues of right-of-way and traffic signals to establish fault.

These car accidents can be very complicated. Our car accident lawyer is skilled in identifying all liable parties to maximize compensation.

We work tirelessly to identify the fleeing party and explore all avenues for compensation.

Advocating for the rights of pedestrians and cyclists, our New Orleans car accident lawyer understands the severe implications these accidents can have and pursues justice diligently.

Whether it is due to inadequate signage, poor maintenance, or construction work, car accidents can actually be caused by the government. Our New Orleans car accident attorney helps clients file personal injury claims against local, state, or federal government liabilities.

We also specialize in cases involving trucks, buses, and other commercial vehicles, and their unique regulations and complexities.

DUIs are incredibly serious. We aim to hold responsible parties fully accountable for their dangerous decision.

We also represent cases involving drivers distracted by mobile devices, navigation systems, or other in-car activities.

What to Expect From Car Accident Claims                         

A New Orleans auto accident attorney will tell you that a personal injury case resulting from a car accident generally follows these steps:

After the automobile accident, it is essential that you prioritize your health. It isn’t unheard of for injuries following a car accident to appear gradually over the hours, days, and even weeks after the crash. Immediately after the accident, your adrenaline is running high and you may not feel everything yet. For this reason, you should seek medical care immediately, even if your injuries seem minor. Your car accident case may very well depend on it. Doing so ensures your well-being and also documents any injuries for your case. Anyone who is familiar with personal injury law will tell you that you can hurt the value of your case if you can’t prove you were actually injured. Just the same, if the opposing side finds out you waited weeks to see a doctor, they’ll gladly claim you couldn’t have been “that hurt.”

If you were injured in a car accident, it is important that you get a consultation from an experienced attorney as soon as possible. Our firm offers trusted legal advice from a personal injury attorney experienced in car accident cases. A car accident attorney from The Desiah Law Firm, L.L.C. will review your case, explain your rights, and guide you on the next steps. We meet with car accident victims every day and we know how troubling this time can be for you. You don’t want to take on any of the following steps on your own.

Your New Orleans car accident lawyer will collect evidence from the accident scene. This includes gathering the photos you or someone else took of the vehicles involved, documenting injuries, getting witness information, and obtaining the crash report from the New Orleans police department, Louisiana State Trooper, or other investigating agency.

If you have not yet done so, now is the time to report the accident to your insurance company. While doing so, you want to avoid discussing fault or accepting settlements until you’ve consulted with your lawyer. New Orleans car accident attorneys see cases regularly where the insurance company tries to take advantage of someone after a car accident claim in order to pay them far less than what they deserve. The at-fault driver’s insurance company may contact you to obtain a recorded statement following an accident. However, Louisiana car accident victims are not obligated to give a recorded statement to the insurance company. It is usually not the best idea to give a recorded statement to the adverse insurance carrier. Instead, contact our trusted attorneys to learn how to handle this situation.

Your New Orleans car accident attorney will then help you file a personal injury claim against the negligent driver and his or her car insurance company. This claim will outline the damages and seek fair compensation for medical bills, lost wages, pain, and suffering, and other incurred damages. A car wreck often leaves you with injuries that can’t be seen, like PTSD or emotional trauma. We will fight for compensation for this and all other damages allowable under Louisiana law.

Most often, there’s a negotiation phase where your attorney and the insurance adjuster representing the other driver try to reach a settlement. We know what your motor vehicle accident is worth, and won’t accept less than what you deserve for your serious injuries. This is just one way we show how much we care.

If an agreement isn’t reached, a lawsuit might be filed and the case goes to court. During a trial, both sides present evidence, testimonies, and arguments. A judge or jury then decides the case, determining fault and the compensation awarded. We will thoroughly prepare your case for trial and fight to make sure you get the compensation you deserve.

Car And Bicycle Accident

What Compensation Can an Injury Victim be Awarded in a New Orleans Car Accident Case?

If your car crash was due to someone else’s negligence, you very likely have a case against the other driver. Our New Orleans accident attorney will fight for the compensation that is rightfully yours, including:

Motor vehicle accidents often result in bodily injury. Similar to other types of personal injury cases, you are entitled to special damages for past, current, and future medical bills related to injuries sustained in the accident. Car wrecks can lead to injuries as serious as a traumatic brain injury, or soft tissue pains in your neck and back. Injured victims are entitled to coverage for all of it. This includes hospital stays, surgeries, medication, therapy, and rehabilitation.

If you have suffered injuries, it is likely you were unable to work following the car accident. Allow our New Orleans car accident lawyer to seek compensation on your behalf. You are owed compensation for income lost due to the inability to work during recovery, including future earning capacity if the injuries result in long-term disability.

Lost earning capacity is an evaluation of what the injured victim’s capacity to earn a livelihood actually was and the extent to which that capacity was impaired by the injury. A claim for lost earning capacity is not measured by what the person actually earned before an injury, but by what the person’s capacity to earn was even if he or she had never worked in that capacity in the past. In short, if a person’s injury has prevented them from earning an income or reduced a person’s earning capacity, then a claim for loss of earning capacity should be made for the injured victim. Our car accident attorneys will evaluate your case to determine if a loss earning capacity claim should be made in your case. In many cases, our firm has hired experts to determine the value of an injured person’s loss earning capacity claim to ensure the injured victim receives the most compensation for their claim.

After a car accident, you can typically make a claim for various types of property damage. Throughout the claims process, you may ask for reimbursement for:

  • Vehicle Damage – You can ask for payment for repairs or replacement of your vehicle that was damaged in the accident. The accident report should highlight what damage was done to your car.
  • Personal Property – You can also get compensation for any personal items damaged in the accident, such as electronic devices, clothing, or other belongings inside the vehicle.
  • Rental Car Expenses – We will also fight for reimbursement for the cost of renting a vehicle while your car is being repaired or replaced.
  • Towing and Storage Fees – Any costs incurred for towing your vehicle from the accident scene and storage fees if applicable can also be included in your Louisiana car accident claim.

Pain and suffering resulting from a car crash can encompass various physical, emotional, and mental hardships. Some examples of pain and suffering for which you might be entitled to compensation include:

  • Physical Pain – The official police report and your medical charts will go a long way towards proving your physical pain. This involves the actual discomfort, agony, and physical limitations caused by injuries sustained in the accident, such as broken bones, whiplash, burns, or chronic pain.
  • Emotional Distress – Our legal team will fight for your emotional distress as well. This includes psychological trauma resulting from the accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), sleep disturbances, or severe emotional anguish.
  • Loss of Enjoyment – After the accident occurred, your life changed. This is common after auto accidents. You can be awarded compensation for the inability to participate in activities you previously enjoyed due to injuries caused by the accident. For instance, if you can no longer pursue hobbies or engage in certain recreational activities.
  • Disfigurement or Disability – We will also look through your medical records to see if any of your injuries will result in permanent damage. If so, we will fight for compensation for the emotional toll of visible scars, disfigurement, or disabilities resulting from the accident that affect your quality of life and self-esteem.
  • Loss of Consortium – Loss of consortium refers to the deprivation or impairment of the benefits and companionship that a person derives from a relationship due to injuries sustained by their partner or family member. In the context of a car accident, if the injured person’s injuries significantly impact their ability to provide companionship, affection, support, or intimacy within their relationship, the uninjured partner or family member might seek compensation for this loss.

It typically encompasses both the emotional and physical aspects of a relationship. For instance, if the injured party is unable to engage in activities they used to enjoy with their partner, contribute to household responsibilities, or maintain intimacy due to their injuries, the uninjured partner may experience a loss of companionship and support.

Loss of consortium claims can be part of a personal injury lawsuit filed by the uninjured partner or family member seeking compensation for the negative impact the injuries have had on their relationship. These claims aim to provide financial compensation for the loss of these essential elements of a relationship caused by the accident and resulting injuries.

All pain and suffering, both physical and emotional, are subjective and can significantly vary from victim to victim. For this reason, it is highly recommended to document these injuries. Seeking guidance from a personal injury attorney experienced in car accident cases can help determine the compensation you may be entitled to for pain and suffering after a car crash.

Punitive damages are rare but do happen. In certain cases involving extreme negligence or intentional harm, the court may award punitive damages to punish the at-fault party and deter similar conduct in the future. They are not intended to compensate the plaintiff for losses. Punitive damages may be awarded when the defendant’s actions are found to be:

  • Grossly Negligent – When the defendant’s actions go beyond simple negligence and are considered reckless or extremely careless, the court may award punitive damages.
  • Intentional or Malicious – It may also be awarded in cases where the defendant’s actions were deliberate or showed a willful disregard for the safety and rights of others.
  • Fraudulent – It is also possible for these damages to be awarded if the defendant acted fraudulently or deceitfully, leading to harm or injury to another party.
  • Driving Under the Influence (DUI) – Punitive damages can also be awarded for injuries caused by an intoxicated driver. Louisiana Civil Code art. 2315.4 provides that exemplary (punitive) damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries. Courts consider punitive damages when the defendant’s behavior is deemed so unacceptable that additional measures are necessary to punish and discourage similar conduct.

Contact The Desiah Law Firm For a Car Accident Attorney in New Orleans

Our firm is diligent with each and every case we handle. Your health and safety are the top priority. Have you received medical attention for any injuries sustained in the accident? If not, do so now. If you have, it is important that you contact an experienced lawyer as soon as possible to discuss your rights. It’s essential to gather as much information as possible. Do you have documentation or photographs from the accident scene? Any witness contact information could be crucial to your claim.

Remember, you should avoid discussing the specifics of the accident with the insurance company until you’ve sought legal advice from one of our lawyers. These adjusters are working on behalf of their employer, not you. Insurance adjusters may attempt to settle quickly, but it’s important to understand the full extent of your injuries and damages before accepting any offers. Don’t speak to the insurance company without us present.

Let Travis Desiah review the details of your case to determine the best course of action. We can explore your legal options and discuss how to proceed with seeking compensation for medical bills, lost wages, and other damages resulting from the accident. Mr. Desiah is here to guide you through this process, provide support, and ensure your rights are protected. Let’s schedule a detailed consultation where we can discuss your case in depth.

Remember, time is a factor in these cases, so the sooner we start, the better. In Louisiana, the statute of limitations for an auto accident case is generally one year from the date of the accident. This means that individuals involved in a car accident typically have one year from the date of the accident to file a lawsuit in order to seek damages for injuries or property damage resulting from the accident. Some cases may differ from this, though, and we will go over that during your initial consultation.

You are taking the right next step by seeking legal counsel. Contact our car accident lawyer right away and tell us about your situation. We’re here to help after an accident involving a dangerous, reckless, or negligent driver in New Orleans.