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  • 40+ Years of Experience
  • $100,000,000+ Recovered
  • Se Habla Espanol
  • Verified Client Reviews

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Personal Injury Case Study 04: Despite $70,000 Initial Offer, Breaux Law Firm Fought for and Won $499,000 for Our Client

Louisiana Personal Injury Case Study by Breaux Law Firm

In Hammond, Louisiana during October of 2016, a hardworking husband, father, and breadwinner in his late thirties was unexpectedly struck by another driver who ran a stop sign. The man immediately reached out to Breaux Law Firm for help. We had previously represented his wife, and the young couple knew they could trust our experienced attorneys to get powerful results. 

Having been T-boned on the driver’s side of his automobile at a 4-way stop by a driver who completely disregarded a stop sign, our client experienced a number of serious injuries in his lower back.

He had a herniated disk and two locked facet joints in his lumbar spine, which required multiple epidural steroid injections (known as ESIs) and one rhizotomy, a surgical procedure that attempts to alleviate nerve pain by killing the nerve fibers that are sending pain signals to the brain. Finally, a spinal fusion, an orthopedic surgical technique that fuses two or more vertebrae together for zero movements, was the treatment that successfully relieved him of his pain. 

In this heavy-impact car accident, our client required significant treatment, including multiple visits to a chiropractor, neurologist, and orthopedic surgeon. An articulate, honest, and likable young man, he continued to work despite his overwhelming pain and numerous medical appointments. He had no choice but to work while in pain. As he explained, “If I don’t work, I can’t pay my bills, pay my mortgage, or feed my family.” We admired his tenacity and ability to continue his daily life while in debilitating pain, and we fought hard to ensure that his medical bills and past and future pain and suffering would be fairly compensated.

The other driver’s insurance company initially offered our client only $70,000—an amount that was far below his medical expenses. So we fought harder. The case was ultimately resolved at mediation, and we were proud to win a $499,000.00 settlement for our deserving client.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892