Personal Injury2022-01-12T22:45:52+00:00

Personal Injury

If you have been seriously injured, you need New Orleans’ leading personal injury firm. The dedicated attorneys of Allan Berger & Associates have recovered millions for injury victims.

We know that serious injuries can have profound physical and mental repercussions. Families can face financial hardship, especially when recoveries are long. Catastrophic injuries can lead to permanent disability and a lifetime of medical expenses. Our New Orleans, Louisiana personal injury lawyers are here to see that you recover your full compensation.

What is Personal Injury Law?

In New Orleans, Louisiana, personal injury law allows a person who has been injured in a negligent accident or by intentional violence to hold the responsible party accountable in civil court. Personal injury claims fall under tort law.

Civil court differs from criminal court. When someone breaks the law, they may face legal punishment in criminal court. In civil court, injury victims may bring a personal injury claim against the offending party to recover financial compensation.

It is possible to have both a criminal and civil case for the same offense. For example, suppose a drunk driver causes a deadly collision. The drunk driver may be charged with vehicular homicide in criminal court. In addition, the family of the deceased may bring a wrongful death claim against the drunk driver.

If you or a loved one have suffered injuries in an accident or by violence, speaking to a personal injury lawyer in New Orleans may be in your best interests.

While there is a wide variety of personal injury claims, most are based on the following premises:

  • Accidents:

Accidents happen every day. For an accident to qualify in a personal injury case, it must involve negligence. Negligence occurs when a person or organization causes harm to another by failing to act responsibly.

  • Intentional acts:

An intentional act to cause harm to another may involve instances of assault and battery, sexual abuse, or murder.

Product liability involves harmful and dangerous defective products. Defective products can include everything from children’s toys to a defective medical device or drug injury.

No two personal injury cases are the same. If you have been hurt in a negligent accident, turn to Allan Berger & Associates. Our New Orleans, Louisiana personal injury lawyers will stand up for your rights.

What Does a New Orleans Personal Injury Lawyer Do?

A personal injury lawyer in New Orleans is a legal advocate who represents injured individuals. Many people who are hurt by negligent or intentional acts are unaware of their rights. Injury victims can be taken advantage of by the negligent party or an insurance company.

A personal injury lawyer will:

  • Inform accident victims of their rights
  • Provide legal advice
  • Speak to the negligent party and insurance adjuster on your behalf
  • Represent victims in civil court
  • Pursue financial compensation for physical, psychological, and property damage

At Allan Berger & Associates, we know how important it is to have someone looking out for your best interests.

What Are My Rights in a Negligent Accident?

If you or a loved one are injured in an accident and you are not at fault, consult an experienced personal injury lawyer in New Orleans. We will advise you of your rights and guide you through the claims process so you can focus on recovering.

You have the right to:

  • Take photos of the scene:

When you are injured in an accident, you have the right to document your injuries, the scene of the accident, and any damage to your property.

  • Ask law enforcement to file a report and request a copy:

Whether you are involved in a car accident or construction accident, you have the right to a copy of your incident report and police report.

  • Remain silent and decline to speak with an insurance adjuster without an attorney:

Accident victims have the right to decline to give recorded statements or answer questions without counsel.

It is imperative to your case to stay silent. Anything that you say could be used against you, including:

    • Any comments at the scene of the accident (e.g., “I am sorry,” “I did not see you.”)
    • Answering an insurance adjuster’s questions
    • Comments on social media
  • Decline from signing anything:

You have the right to decline from signing statements, medical releases, and other documents until you have consulted an attorney.

  • Obtain legal counsel:

One of the most important rights you can exercise is your right to an attorney. When you sustain injuries in a negligent accident, you may be entitled to compensation. Our personal injury lawyers can evaluate your case at a free consultation. We can discuss the details of your accident and what damages you may be able to secure.

When you are represented by our New Orleans personal injury law firm, you will have one of the region’s most preeminent legal teams by your side.

Why Should I Work with a Personal Injury Lawyer in New Orleans, Louisiana?

Having a skilled personal injury lawyer on your side can make a big difference in your case. At Allan Berger & Associates, we believe everyone is entitled to qualified representation. Our New Orleans office provides services on a contingency fee basis. There are no up-front fees, and we will evaluate your case for free.

When there are no fees until you win and a free consultation, why would you not take advantage of the opportunity to secure the full compensation you are owed?

Why you should work with a personal injury lawyer:

  • An insurance adjuster is not your friend and will not have your best interests at heart
  • An insurance company will have a team of attorneys on their side
  • Your insurance claims may be denied
  • Serious injuries lead to financial hardship for 1 out of 8 families
  • Without representation, you could be leaving money on the table
  • You are entitled to compensation for your pain, suffering, and emotional distress
  • Injury victims with a lawyer receive 3 1/2 times more than those without representation
  • An attorney will fight for you

Our law office will fight for your best interests and recover the damages you deserve.

Why Work with Allan Berger & Associates, a New Orleans Personal Injury Law Firm?

Allan Berger & Associates is New Orleans’ leading personal injury law firm. We have proudly served our community for more than 40 years, achieving the highest standards in professionalism and ethical conduct:

  • Our diverse legal team has recovered millions in verdicts and settlements for our clients.
  • We do not back down from difficult cases and are willing to take them to trial.
  • Founding Attorney Allan Berger has been recognized by Gambit Weekly as one of the Best Personal Injury Lawyers in New Orleans and by Super Lawyers.
  • We have earned the respect of our peers and received the AV Preeminent rating by Martindale-Hubbell, the highest level of excellence.

If you or a loved one have been injured in an accident, let the talented litigation team of Allan Berger & Associates fight on your behalf. We offer a free case evaluation.

What Kinds of Do Our Personal Injury Lawyers in New Orleans, Louisiana Represent?

Personal injury law covers a variety of negligent and intentional acts of harm. At Allan Berger & Associates, we have represented clients in the following practice areas:

When you are hurt, turn to our personal injury lawyers in New Orleans, Louisiana, legal representation you can trust. We advocate for clients who have suffered a wide range of injuries.

What Kinds of Injuries Are Common in Personal Injury Cases?

Personal injury claims can range from minor cuts and bruises to severe and debilitating brain damage. An accident lawyer can provide the legal assistance you need for maximum compensation.

  • Traumatic brain injuries
  • Spinal cord damage
  • Broken, dislocated, and fractured bones
  • Internal injuries and organ damage
  • Soft tissue damage
  • Serious burn injuries
  • Loss of limbs, amputations
  • Disfigurement or severe scarring
  • Neck injuries, including whiplash
  • Lacerations

Our personal injury lawyers have the necessary comprehensive medical knowledge to value the harm you have suffered accurately. Call today to discuss the damages your injuries may qualify to recover at a free case evaluation.

How Does a New Orleans Injury Attorney Prove Liability?

Holding someone liable for an accident means to hold them responsible. In personal injury cases, proving liability relies on establishing negligence. Negligence consists of four elements. Each must be present in your case to hold someone accountable for the injuries they have caused:

  1. Duty of care:

A duty of care refers to an obligation to keep others reasonably safe from harm. For example, to keep others reasonably safe from harm when you drive your car through a neighborhood is to drive slowly and watch for kids.

  1. Breach of duty:

A breach of duty means to fail to act with a duty of care or keep others reasonably safe from harm. Every motorist on the road has a duty of care to the other drivers, pedestrians, and bike riders around them. A motorist will commit a breach of duty if they seriously injure a family while drunk driving. 

  1. Causation:

The third factor is to establish a causal link between the breach of duty and the injuries you have suffered. For example, suppose a road construction worker is hit by a car while directing traffic. The motorist has a duty of care to drive carefully through the construction zone. However, the motorist committed a breach of duty by checking an alert on their phone and not watching the road. The distracted driver hits the road construction worker, causing significant injuries.

There is a causal link between the distracted driver’s actions and the road construction zone.

  1. Damages:

Damages are the negative consequences of the breach of duty. Damages typically include the physical and mental trauma of your accident, any property losses, and your economic losses. Examples of damages may be medical bills, post-traumatic stress disorder (PTSD), or a totaled vehicle.

When your skilled personal injury lawyer shows how your case meets all four elements of negligence, they have established liability.

What is Comparative Negligence?

Louisiana is a comparative negligence state. Comparative negligence is also known as proportionate responsibility, meaning liability in an accident may not fall solely on one party. Liability, or fault, may be shared between two parties and represented as a percentage. 

  • For instance, suppose a person is hurt running up a flight of stairs when a step breaks. The property owner has a duty to keep the building reasonably safe, including maintaining the integrity of the stairs. 
  • The person who ran up the stairs is also at fault. Instead of walking at a reasonable pace, taking one stair at a time, the injured person ran recklessly up the stairs without paying attention.
  • In this instance, the property owner may be found to be 80% at fault and the injured person 20% at fault. When the injured person files a personal injury claim, the settlement or verdict will be awarded by the percentage. Since the person was 20% at fault, their settlement will be reduced by 20%.
  • Comparative negligence allows for a person partially at fault for their injuries while still recovering damages. If the injured person above is awarded $100,000, they will be able to keep $80,000.

Seeking the advice of an experienced personal injury lawyer may help you recover your full compensation. If you or a loved one have been injured in an accident, speak to a personal injury lawyer in New Orleans, Louisiana today.

What Questions Should I Ask a New Orleans Personal Injury Attorney?

Choosing an attorney to represent you in negotiations and in court is a very personal decision. You need to make sure the lawyer by your side is the one you can trust. The best way to maximize your settlement is to work closely with your New Orleans personal injury law firm.

Preparing three or four questions before your initial consultation may help you feel more comfortable. To determine if the attorney is right for you, some questions you may want to ask include:

  • How long have you practiced personal injury law?
  • Does your firm focus on any other areas of the law?
  • Have you tried cases in court? 
  • If a fair settlement is not offered, are you prepared to take this case to trial?
  • Will anyone else be working on my case?
  • Do you offer your services on a contingency fee basis or upfront costs?
  • How do you communicate with clients?
  • How often will I receive updates?
  • Has your license ever been suspended or revoked?
  • What awards and honors have you received?
  • How many personal injury cases like mine have you handled?
  • Do you foresee any challenges with my case?
  • How much do you think my case is worth?
  • Do you think we will have to go to trial, or will they likely settle?
  • Will I be able to speak directly to the attorney working on my case?
  • Do you have any references or testimonials from some of your past clients?
  • What is your reputation among your peers?
  • Do other firms refer personal injury cases to you?
  • If we lose, what are the out-of-pocket expenses?

At Allan Berger & Associates, we offer free consultations and no fees until we win. With over four decades of experience, you can trust the best personal injury lawyer in New Orleans, Louisiana.

What Are Damages in a Personal Injury Claim?

Damages in a personal injury claim include physical damage to your person and property, emotional trauma, and other economic costs related to the accident.

Damages are meant to make a person “whole” again after an act of negligence caused them harm. Most damages are tangible, like property losses and hospital bills. Other damages are intangible, like how painful the injury is or how a victim is affected emotionally. 

Intangible damages are very difficult to quantify. You need a skilled personal injury lawyer who will be able to translate your pain and emotional trauma into financial terms and present them in a way that an otherwise healthy person can understand. 

What Damages Can a Personal Injury Lawyer in New Orleans Help Me Recover?

Every personal injury claim is unique and may qualify for different damages. It is important to speak to your personal injury lawyer and discuss the damages specific to your case.

The types of damages we have recovered for our clients include:

  • Full compensation for your medical expenses:

Following an accident, seek medical attention immediately. You may need extensive medical care if your injuries are severe. Medical expenses add up quickly. Recovering compensation for your surgeries, hospital stay, physical and occupational therapy, and prescriptions can help keep you and your family financially stable until you have fully healed.

If your injuries are catastrophic, like the loss of a limb or brain damage from a traumatic brain injury, you will be left with ongoing medical expenses that will likely increase over the years.

A knowledgeable personal injury attorney can secure compensation for your current medical expenses and estimate your need for future medical bills.

  • Lost income if you are unable to work:

Another financial burden is the wages you lose while in recovery. An accident should not jeopardize your livelihood. If you cannot work for several months, you are entitled to recover the wages that you would have earned. 

If you sustain permanent damage in an accident and will never return to work, you may be able to recover the loss of future earnings. Your New Orleans personal injury lawyer will need to verify that you cannot perform your previous duties and cannot reasonably move to a different industry. Paraplegia and severe traumatic brain injuries will often ask for loss of future earnings damages.

  • Pain and suffering damages:

Pain and suffering are intangible, non-economic damages. They are challenging to assign a dollar value, unlike the intrinsic damages of medical bills and lost income potential. Instead, pain and suffering damages are calculated by an experienced attorney with comprehensive medical knowledge.

Your personal injury attorney will consider the physical pain caused by the accident itself, any physical pain and discomfort while healing, including painful diagnostic testing and therapeutic treatments, and other psychological pain (e.g., mental anguish, anxiety, and insomnia.)

  • Emotional distress damages:

Emotional distress damages describe severe and prolonged anguish. They can be difficult to prove. Typically, an injury victim will need a diagnosis from a mental health professional.

Emotional distress damages can be clinical depression, an anxiety disorder, or post-traumatic stress.

  • Loss of enjoyment of life:

Loss of enjoyment damages represent coverage for the diminished capacity of the individual or inability of a person to participate in the activities and pleasures they formerly enjoyed.

For example, suppose a football player is paralyzed from the waist down. Loss of enjoyment of life damages would be calculated by the inability to play football anymore. 

  • Punitive damages:

Unlike the other damages, punitive damages are not calculated by accident victims’ injuries. Instead, they are awarded as a way to punish a negligent party. When a person is grossly negligent, punitive damages serve as a deterrent for others to act in a similar way. Drunk driving personal injury claims may qualify for punitive damages.

At Allan Berger & Associates, our injury lawyers in New Orleans will work tirelessly to secure the compensation you deserve.

How Are Personal Injury Settlements Paid Out?

Personal injury settlements are paid out in one of two ways, a lump-sum or a structured settlement. To determine which method is in your best interests, consider the following:

  • Lump-sum:

The benefit of receiving your settlement all at once is in its liquidity. You can invest the money however you wish.

  • Structured Settlements:

A structured settlement can be very beneficial to those concerned about mishandling a large sum all at once. Receiving periodic payments can be simple and can be tailored to your needs.

If you have questions regarding which method is best for you, speak with your personal injury attorney today.

Contact the Best Personal Injury Lawyer in New Orleans, Louisiana to Secure Your Compensation

Allan Berger & Associates is a highly accomplished personal injury law firm in New Orleans, Louisiana. Founding Attorney Allan Berger has been helping injury victims in the community since 1974.

Our personal injury lawyers have recovered millions for our clients. We are skilled, award-winning trial attorneys who provide innovative solutions to your legal needs.

If you or a loved one have been seriously injured in a negligent accident, call Allan Berger & Associates. We will aggressively fight to recover the compensation you need to piece your life back together.

Schedule a free consultation today to discuss the details of your case with one of our New Orleans personal injury lawyers by calling (504) 618-1581.

Get a Case Evaluation Now.

CTA Logo

CALL US 24/7

Schedule a Free Consultation

What People Say

“Allan Berger & Associates was there for me from Day 1 and can’t thank Andrew and Miss Melanie for all of their help. I wish I had them around the house!”

– Dolores A.

“Allan and Andrew fought for every dollar for me and I will be forever grateful. They aren’t just my attorneys, they are family.”

– Charles P.

I am so grateful to you for all you did to resolve my case. You were wonderful and made me feel so comfortable and calm. I could not have asked for a better attorney. God Bless.”

– Darlene C.

“Calling Allan Berger & Associates after my car accident was a blessing. I don’t know where I’d be without their help, and I’d recommend the firm to anyone else!”

– Tarra R.

“Thank you for your sensitivity and professionalism in your awesome handling of my case. First class representation and you treated me like I was a family member. Even though my case settled I’d like to stop by the office just to say hi.”

– Donna C.

Allan Berger Testimonials