In 2020, a young man in his mid-20s was driving down Carrollton Avenue in New Orleans when his life changed in an instant. Driving toward the river, our client was struck by another vehicle attempting to cross Carrollton from a neighborhood street. The collision, a violent T-bone impact, hit the client’s vehicle on the driver’s side, causing significant injuries. However, the other driver—a clear fault party—did not stay to face the consequences. Instead, they fled the scene, leaving our client to deal with the fallout alone.
Determined to hold the at-fault driver accountable and seek fair compensation for our client’s injuries, Breaux Law Firm stepped in, prepared to navigate a complex case with tenacity and compassion. Over the next four years, Breaux Law Firm fought relentlessly, securing a $500,000 settlement that ensured justice for our client and his family.
Background: A Client with a Lot on the Line
Our client, a new father, college student, and first-generation immigrant from Honduras, was working as a rideshare company driver at the time of the accident. As a dedicated family man with a two-month-old child and a passion for soccer, the injuries he sustained from this accident had a profound impact on his life. Not only was he left with serious physical injuries, but he also faced the emotional and financial stress that comes with being unable to work and participate in beloved activities.
Injury Assessment and Medical Treatment
The impact of the accident left our client with severe injuries to his left shoulder and lower back. After the accident, he sought treatment from a general practitioner who ordered MRIs, revealing tears in his left shoulder and herniated discs in his lumbar spine. Due to the severity of his injuries, he was referred to an orthopedic specialist.
The medical journey was extensive. The orthopedic surgeon initially administered two epidural steroid injections to manage the pain, but these provided only temporary relief. Given the chronic nature of his pain, the surgeon performed a lumbar spinal rhizotomy—a procedure that alleviates pain but requires regular repetition to maintain its effects. Unfortunately, while physical therapy was attempted to treat his left shoulder, it was insufficient to repair the damage. Eventually, the client underwent shoulder surgery, followed by extensive rehabilitation, which brought partial relief but did not restore him to full health.
To address the long-term effects of his injuries, Breaux Law Firm coordinated with a professional life care planner. This expert projected the future costs of regular rhizotomies and other treatments, ensuring that the financial impact of ongoing medical care would be accounted for in the claim. By calculating the net present value (NPV) of these future medical needs, we strengthened our case for fair compensation, particularly considering the client would likely need rhizotomy treatments annually for the next decade.
Challenges with Insurance Companies and Filing the Claim
Once our client had the license plate number of the at-fault driver, Breaux Law Firm quickly identified the driver’s insurance provider. Initially, we filed a demand with the at-fault driver’s insurance company, which had a policy limit of $300,000. At this stage, the client’s medical expenses alone were already around $100,000, and the overall case value was well above the driver’s policy limit. Despite the clear evidence of extensive damages, the liability carrier refused to offer any compensation whatsoever. This refusal was not just an initial refusal, but, in fact, went on for years.
Understanding that our client deserved more than a minimum payout, Breaux Law Firm escalated the case by filing a lawsuit. The at-fault driver, who had already fled the scene of the accident, repeatedly evaded attempts to be served. Determined to proceed, we hired a private process server who ultimately tracked down the driver, ensuring they were formally served—a process that took several months but was essential to moving the case forward.
Given that our client was driving for a rideshare company at the time of the accident, there was an additional $1 million uninsured/underinsured motorist (UM) policy through the rideshare company’s insurance coverage. Recognizing the case’s value exceeded the at-fault driver’s coverage, Breaux Law Firm brought the rideshare company’s UM carrier into the lawsuit, making a demand for reasonable compensation.
Strategic Moves and Mediation
Throughout the case, Breaux Law Firm employed strategic moves to emphasize the severity of our client’s situation. We explained to the rideshare company’s legal team that the case value exceeded the $300,000 policy limit of the at-fault driver’s insurance, making it clear that our client was entitled to compensation under the UM coverage. The rideshare company’s law team reviewed the case and agreed that it was worth well above the at-fault driver’s insurance limits, expressing a willingness to negotiate a reasonable settlement.
Breaux Law Firm arranged a mediation with the rideshare company’s UM carrier, strategically inviting the liability carrier’s insurance company to observe but not participate. By doing so, we made it clear that our case was being taken seriously and that a larger settlement was warranted. The liability carrier attended but, unfortunately, refused to offer more than $300,000. However, we successfully secured a $200,000 settlement from the rideshare company’s UM carrier during mediation.
Pushing Forward to Trial and Final Resolution
With the UM carrier’s portion settled, the remaining defendants in the lawsuit were the liability carrier and the at-fault driver. Despite the mounting evidence and a clear assessment from the rideshare company’s team on the case’s value, the liability carrier continued to resist offering fair compensation. Breaux Law Firm set a trial date, making it clear that we were prepared to pursue a jury verdict against the at-fault driver who had fled the scene.
As soon as we communicated our commitment to take the case to trial, the liability insurance company began to reconsider. Fearing the potential consequences of a jury verdict and the impact on their insured client, the liability carrier agreed to settle. Ultimately, they offered an additional $300,000, bringing the total settlement to $500,000.
Outcome and Impact on the Client’s Life
The settlement provided our client with the compensation he needed to cover past and future medical expenses, lost wages, and the emotional toll of the accident. Although his injuries prevented him from returning to soccer—a sport he loved deeply—the compensation has helped him focus on his family and future. As a young father and college student, he now has the financial support needed to care for his family and continue his education.
Breaux Law Firm fought for four years to achieve justice for our client, navigating numerous challenges, including an evasive at-fault driver and a reluctant insurance carrier. Through strategic legal maneuvers, diligent case preparation, and an unwavering commitment to our client’s best interests, we secured a fair and just settlement that reflects the true impact of this accident on our client’s life.
Why Breaux Law Firm
This case is a testament to Breaux Law Firm’s dedication to our clients. We understand that each client’s story is unique, and we approach every case with empathy, tenacity, and a commitment to achieving the best possible outcome. From the initial investigation to settlement negotiations and court proceedings, Breaux Law Firm is here to provide the legal guidance and support you need to move forward.
