New Orleans Drunk Driving Accident Lawyer

New Orleans Drunk Driving Accident Attorney

Operating a vehicle under the influence of drugs or alcohol increases the risk of an accident, as it lowers an individual’s reaction speed and ability to make judgment calls. If you were injured by a drunk driver, you can file a claim against them for causing the accident. A New Orleans drunk driving accident lawyer can help you secure the financial recovery you deserve.

This claim is separate from any criminal charges the individual may face and can recover the cost of medical bills, lost income, and other damages you suffered.

Unfortunately, driving under the influence happens frequently. In Orleans Parish in 2024, 21.43% of fatal crashes and 6.11% of suspected injury accidents were alcohol-related. This was a 16.90% decrease in alcohol-related injury crashes from 2023 but a 33.33% increase in alcohol-related fatal accidents.

In the same year, 15% of all fatal crashes and 5.35% of suspected injury crashes in Jefferson Parish were alcohol-related. This was a 62.50% decrease in fatal alcohol-related crashes from 2023 and a 3.45% decrease in alcohol-related fatal crashes.

Of the 171 fatal alcohol crashes in the state, 12 of them occurred in Orleans Parish, and three occurred in Jefferson Parish. There were 2,252 suspected injury crashes in the state that were alcohol-related; Jefferson Parish accounted for 168 of those, while Orleans Parish accounted for 295.

Hammond Law Firm, LLC: Protecting Your Financial Interests

It is especially frustrating to deal with injuries and financial losses when they happen due to someone’s extreme carelessness and misconduct. If you were injured because another driver was impaired, you don’t have to deal with these costs alone. At Hammond Law Firm, LLC, we can support you in filing a civil claim against the at-fault party, gathering evidence to prove that their actions were the cause of the accident.

Impaired drivers put everyone on the road in danger. When they cause an accident, it can change the lives of everyone involved. Recovering monetary compensation cannot fix the damage done by the accident, but it can allow you to cover your expenses and maintain financial stability. Our firm wants to help. With over 40 collective years of experience, our team can determine what options you have for recovering your losses in negotiation or litigation.

How Do You Prove a Driver Liable for a Drunk Driving Accident?

A driver who injures you in an accident because they were impaired can face criminal charges, and a conviction of the offense can support your case. However, recovering damages in a civil claim does not require as high a burden of proof as a criminal case. To hold the driver liable, you must prove the following elements:

1. Duty of care. This means the driver owed you a duty of care, typically to act with reasonable consideration for your safety and follow traffic laws.
2. Breach of duty. The driver breached this duty of care by acting negligently and with misconduct by drinking and driving.
3. Causation. The breach of duty of care led directly to the accident that caused your injuries, meaning the accident would not have happened if the driver was not impaired.
4. Damages. The accident and your injuries resulted in damages, including economic damages and noneconomic damages.

If you can prove all four of these elements, you have a good chance of recovering compensation in a personal injury claim. If the other party is entirely liable for the collision, this compensation can be the entire cost of your economic and noneconomic losses.

What Damages Can I Potentially Recover After a Drunk Driving Accident?

The damages you can get in a personal injury claim compensate you for direct losses, including economic and noneconomic damages.

Economic damages are financial losses that include the following:

• Medical expenses. This includes existing bills and the cost of future treatment. This may be for medication, doctor’s visits, surgeries, and other costs. If you need long-term care, mobility aids, or physical rehabilitation, this is also included. The claim can also cover expected medical complications that are common with the injuries you suffered.
• Property damage. Your vehicle and other personal property may have been significantly damaged in the crash. A claim can recover the cost to repair or replace this property.
• Loss of income. When your injuries prevent you from working for some time, the income and benefits you missed out on during this time are part of your claim.
• Loss of earning potential. If you can no longer sustain gainful employment due to your injuries, a claim can cover the income you would have earned throughout your lifetime.

Noneconomic damages are damages without clear objective values but are still losses that you suffered. This includes:

• Pain and suffering
• Disability
• Scarring and disfigurement
• Loss of quality of life
• Loss of enjoyment of life
• Loss of consortium

When your case involves a drunk driver, you may also be eligible for punitive damages, called exemplary damages in Louisiana. Unlike noneconomic and economic damages, exemplary damages do not seek to compensate you for a loss you suffered. Instead, they are awarded by the court in specific circumstances to punish the at-fault party.

Exemplary damages are typically awarded when the at-fault party causes the accident because they are intoxicated and show a disregard for other people’s safety.

An attorney is crucial in calculating your damages and making a case for exemplary damages. Many people underestimate what they are owed in a claim, particularly when they are injured by a drunk driver.

You may not realize the true cost of your future financial losses and noneconomic damages. By having an attorney who can accurately calculate these damages, you can feel confident that you will secure a settlement that covers your losses. If the insurer or other party offers a settlement that is too low, your attorney can take the claim to court.

Work With Our Drunk Driving Accident Attorney in New Orleans

When you have our skilled team by your side, you have the support of our resources and legal knowledge. We help you understand your options for recovering compensation, representing you in negotiations, or in a trial. Our team fights for you, helping you achieve financial certainty during this stressful time in your life. Contact Hammond Law Firm, LLC today.