New Orleans Personal Injury Lawyer

Personal Injury Attorney in New Orleans, LA

When an unexpected accident leaves you injured, the physical, emotional, and financial consequences can be overwhelming. Louisiana’s personal injury laws protect your right to recover compensation, though strict requirements and complex legal concepts do apply. A New Orleans personal injury lawyer can guide you through this process, helping you file a claim that supports your recovery.

Why Choose Us?

Peirce Hammond and the New Orleans personal injury attorneys of Hammond Law Firm, LLC provide exceptional advocacy for injury victims in Orleans Parish and throughout Louisiana. We represent clients injured in automobile, transportation, trucking, premises liability, product liability, negligence, and other types of general liability cases.

Our New Orleans personal injury lawyers are skilled at understanding the complexities and nuances of injury cases in Louisiana. If you or a loved one has been injured, let our New Orleans injury firm represent you. The proper legal representation can make a world of difference in the desired outcome of your personal injury case, and Hammond Law Firm, LLC can help you with all aspects of your case from filing to finish.

Personal Injury Cases We Can Help With

Some of the most common accidents in personal injury claims include motor vehicle accidents such as car accidents, motorcycle accidents, truck accidents, and commercial transport accidents. Premises liability accidents are another common type of case, including general liability, general negligence, and hotel accidents.

According to personal injury laws, your injuries must be caused by the negligence of another party in order to file a personal injury claim. If you are confused whether your accident was the fault of another person or company, or if it was an unfortunate incident, you should speak with a New Orleans personal injury lawyer right away.

Peirce Hammond and his associates handle cases with a variety of injuries, including spinal cord injuries, traumatic brain injuries, soft-tissue injuries, and even burn injuries. All these injuries can stem from vehicle accidents, relaxing at a hotel, or even dining in a restaurant. No matter what accident you experienced and what injuries you are recovering from, we can help you build a strong claim that pushes for the full compensation you deserve.

Understanding a Personal Injury Claim After a Motor Vehicle Accident

Accidents involving moving vehicles such as cars, trucks, motorcycles, and other motor vehicles can result in serious injuries that can have devastating and debilitating lifelong effects. Unfortunately, not all victims of vehicular accidents survive their ordeal and succumb to their injuries. In 2024, there were 706 fatal crashes in Louisiana.

Crashes can be caused by a number of factors. Accurately determining the cause of a crash is essential to filing a personal injury claim against the right party. Some of the most common reasons for a motor vehicle accident include:

• Speeding. Speeding is common, especially along I-10 and Clairborne Avenue. Despite how frequently drivers speed, it is one of the biggest reasons for preventable car accidents. Additionally, accidents at a higher speed often result in more severe injuries.
• Distracted driving. Even a momentary loss of attention can lead to major accidents. Common distractions include cell phone use, eating, and personal grooming.
• Drinking and driving. Drunk driving slows reaction times, inhibits decision-making, and reduces coordination. In 2024, there were 11,904 deaths from drunk driving in the United States.
• Mechanical failure. Common mechanical failures that result in crashes include brake malfunctions, tire blowouts, or engine defects. These issues are not always due to the driver. The manufacturer or mechanic can be liable in certain cases.

If you or a loved one has been injured or worse in a motor vehicle accident in the state of Louisiana, then Peirce Hammond and the legal team of Hammond Law Firm, LLC can help you to seek the appropriate compensation that you may be eligible to receive for injuries or death caused by a motor vehicle accident.

Premise Liability in New Orleans’ Personal Injury Cases

Businesses and commercial establishments are required by law to keep a clean and safe environment for their patrons and employees. As a result, they are also liable for any injuries or damage incurred due to their negligence. Common types of personal injury accidents that involve premises liability are:

• Slip and fall accidents. Slip and fall accidents can be caused by hazards such as spills, uneven surfaces, or broken stairwells. Falls are the cause of nearly half of all TBI-related hospitalizations, and can also cause injuries like soft tissue damage or bone fractures.
• Inadequate security accidents. These cases can arise when property owners fail to provide reasonable safety measures to prevent foreseeable crimes or injuries. Proper precautions vary by property, but may include proper lighting, surveillance cameras, or security personnel. If you have been assaulted or injured because of a lack of security measures, speak with a lawyer about filing a claim.
• Failure to warn of a hazard. These cases involve when a property owner is aware of a hazard, such as wet floors, but fails to properly warn visitors, such as by using a wet floor sign. Sometimes, property owners may assume the hazard is obvious enough without a direct warning. However, this is not always true, especially with properties with many guests, such as high-traffic tourist areas in the French Quarter.

Other Types of Personal Injury Accidents

While traffic accidents and premise liability cases are common types of personal injury cases, many types of accidents can warrant filing a personal injury claim. Other examples include:

• Product liability. A product liability case arises when a dangerously defective product causes you an injury. For example, defective medical equipment, vehicle parts, or kitchen appliances.
• Medical malpractice. Louisiana has strict laws surrounding medical care and medical malpractice claims. In general, you may be able to file a claim if you were harmed by a healthcare provider who failed to meet the accepted standard of care when diagnosing or treating your medical condition.
• Wrongful death. A wrongful death action can be filed by surviving family members to seek compensation after they lost a loved one due to another party’s negligence. This type of action can help you recover damages such as funeral expenses, loss of financial support, and mental and emotional pain.

What to Do After an Accident in New Orleans

If you were injured in an accident, and you suspect it was caused by another party’s negligence or reckless behavior, some steps you should take include:

• Move to a safe location. Move to a location away from hazards. This can include moving away from the road after an accident, away from slippery floors after a slip and fall, or out of a building that has toxic chemicals.
• Report the accident. If you are in a traffic accident, need emergency medical care, or there is significant property damage, you should report the accident to the police. If you were injured on someone else’s property, be sure to notify the property owner or alert another individual, such as the manager or the landlord. Keep a copy of any reports made about the accident.
• Receive medical care. After an accident, you should receive a medical evaluation and treatment for any injuries. This is an important step, even if you do not notice any injuries, as the adrenaline of the accident can cover up symptoms or your symptoms may take time to develop. Additionally, your medical records are a valuable piece of evidence to prove that your injuries were sustained during the accident.
• Document the accident scene. Take photos and videos of the accident scene, property damage, and visible injuries. Take many photos, including different angles and distances from the accident. Some examples of details to focus on include vehicle damage after a car accident, wide photographs of an intersection where a crash occurred, clutter and other tripping hazards on the walkway, and cuts and bruises you have.
• Contact a New Orleans personal injury lawyer. Contacting a lawyer as soon as possible after an accident can allow you to focus on your physical and mental recovery. They can help you gather evidence and communicate on your behalf with the police and the at-fault party. Speaking with a lawyer is an essential step before speaking with the other party’s insurance to avoid critical errors that harm your ability to file a claim.

Were You Injured While Visiting New Orleans?

New Orleans is home to a vast and veritable wealth of culture and unique experiences for people of all ages and from all walks of life. New Orleans hosts dozens of professional and cultural events and activities, including conventions, the annual New Orleans Jazz Heritage Festival, the Sugar Bowl, and, of course, the crown jewel of celebrations – Mardi Gras!

Unfortunately, some visitors to New Orleans and other parts of Louisiana come with a good time in mind and leave with an unexpected injury. Injuries can happen anywhere and at the least opportune times.

It is important to understand that your ability to file a claim against a negligent party still exists if you are visiting from another Parish or state. You should hire a personal injury lawyer familiar with the laws and legal precedents in New Orleans. Hammond Law Firm, LLC offers effective personal injury representation for clients injured during the course of their visit to New Orleans and all other parts of Louisiana.

Key Aspects of Louisiana Personal Injury Laws

Navigating Louisiana’s legal nuances is challenging, making a New Orleans personal injury attorney’s guidance essential. A lawyer understands the unique aspects, such as comparative fault and damage caps. In that regard, we also know how to work our way around the legal complexities to pursue fair compensation. Some unique legal concepts and procedures to be aware of are:

Louisiana’s Modified Comparative Negligence System

One Louisiana-specific legal consideration is comparative fault. Louisiana follows a modified comparative negligence system, which means you can file a claim and recover compensation if you have less than 51% of the fault for an accident. If you have 51% or more of the fault, you don’t have the ability to file a claim. This makes determining the percentage of fault assigned to each party involved in the case essential.

Additionally, if you are partially at fault for the accident or injury, your compensation can be reduced proportionately to the percentage of fault you have.

Damage Caps in Personal Injury Claims

Louisiana has certain limitations on the amount of damages that can be legally awarded in a personal injury case. These caps may vary depending on the specific type of injury and the circumstances of the case.

Caps restrict the potential financial recovery, particularly for non-economic damages like pain and suffering. Keep in mind that:

• In Louisiana, different caps apply to medical malpractice and general personal injury cases.
• Non-economic damages are subject to caps, while economic damages are not.
• Damage caps can significantly impact the amount of compensation awarded.
• Working with a seasoned, assertive personal injury attorney is crucial in navigating these limitations.
• Damage caps can be affected by legal precedents and judicial discretion, rather than solely by the laws.

Louisiana’s Prescriptive Period

In Louisiana, there is a limited timeframe within which you must file a personal injury claim, or delictual action. Generally, the prescriptive period is two years from the date of the injury or accident. Failing to file your grievance within this time frame can result in losing your right to seek restitution.

Why You Should Hire a Personal Injury Lawyer

Although it is possible to file a claim yourself, the chances of receiving fair compensation might be marred by unscrupulous insurance companies’ mishandling of your claim specifics. Navigating the legal process alone can also be incredibly overwhelming and can remove your focus from your recovery.

Our New Orleans personal injury law firm has the knowledge of personal injury laws and provides tireless representation when it comes to building a claim that can stand up against insurance. We can collaborate with medical, financial, and legal professionals to form an effective strategy that works for you and your unique personal injury situation. We take great pride in our ability to match the complexity of your case with our comprehensive knowledge and experience.

At Hammond Law Firm, LLC, we understand the stress and uncertainty of filing personal injury claims. Our team provides personalized guidance so that your case is heard and justice is pursued on your behalf.

What Evidence Do You Need to File a Personal Injury Claim

To file a successful personal injury claim, you must have sufficient evidence to prove that the at-fault party’s negligence led to the accident and that you suffered damages as a result of this accident. The specific evidence you use can depend on your case, but may include:

• Medical records indicating that you sought immediate medical attention for your injuries after the personal injury incident
• Photographs of the accident scene, property damage, and any visible injuries
• Witness statements
• Documents such as police reports or incident reports
• Pay stubs proving you lost income due to the accident
• Repair invoices for damaged property

If you hire a New Orleans personal injury lawyer, they can collect evidence from the accident scene. Then, they can evaluate the evidence and identify the most powerful ways to include it in your claim.

Understanding the Ways a Personal Injury Case Can Be Resolved

In many personal injury cases, parties may reach a settlement agreement without going to court. A settlement can provide a quicker resolution and help avoid the uncertainties and costs associated with a trial. It involves negotiating with the responsible party or their insurance company to reach a mutually acceptable amount of compensation.

If a fair settlement cannot be reached through negotiation, filing a claim may be necessary. Our New Orleans personal injury attorneys can initiate the legal process by filing the appropriate legal documents and commencing a delictual action. This may involve going through the pre-trial phase, including discovery, where evidence is exchanged between both parties.

If the case proceeds to trial, a judge or jury hears the case, reviews the evidence, and determines liability and the amount of compensation, if any. Trials can be lengthy and involve more time, resources, and uncertainties than settlements. However, in some cases, pursuing a trial may be necessary to seek fair and just compensation.

Deciding on the course of legal action depends on the circumstances of your personal injury case. You can contact our legal team for a no-obligation consultation case review to help you decide whether to settle or go to court.

FAQs

How Is Fault Determined in Personal Injury Cases?

Fault is determined by analyzing the evidence surrounding the accident and assigning a percentage of responsibility for the accident to each involved party. Then, the modified comparative negligence system is used to determine whether a party can recover damages. If multiple parties share fault, the court assesses each party’s percentage of fault and adjusts the compensation accordingly.

What Types of Compensation Can You Get in a Personal Injury Case?

In Louisiana, you may be eligible to seek various types of compensation, including financial losses such as medical expenses, lost wages, property damage, and future costs related to your injuries. You can also be compensated for damages such as emotional pain and suffering, loss of quality of life, and scarring. An attorney can help assess the specific damages applicable to your case and include a comprehensive list in your claim.

Can I Handle My Personal Injury Case Without an Attorney?

While it’s legally possible to handle your personal injury case without an attorney, it’s generally advisable to seek legal representation. An experienced attorney can provide invaluable guidance, protect your rights, navigate the legal complexities, and work towards securing fair compensation on your behalf. Having an experienced lawyer who can handle these legal components also allows you to focus on your recovery.

Hire a Personal Injury Lawyer You Can Trust to Stand Up for Your Rights

If you or a member of your family were injured or disabled in an automobile accident, on the premises of a business, or while participating in an event in New Orleans, then Hammond Law Firm, LLC can help you seek the compensation that you may be entitled to as a result of your injury. Having seasoned and experienced New Orleans personal injury attorneys to guide you through all of the aspects of your case is imperative to the overall success of your case.

We have the insight and trial knowledge necessary to improve the chances of getting you the various forms of compensation that you may be eligible for, depending on the circumstances of how you received your injury. We offer completely free and no-obligation consultations and case reviews so that you can make an informed decision based upon the facts and advice of our legal counsel.

Contact our personal injury firm in New Orleans to schedule your free consultation to learn how experienced legal guidance can help you build a successful claim.