Personal Injury Case Study 01: How Breaux Law Firm Helped Victim Recover $1 Million Settlement for a Commercial Vehicle Accident

Auto Accidents, Case Studies on Personal Injury, Case Study, Personal Injury Law

In March of 2018, the unimaginable happened when two young siblings attempted to run across busy Airline Highway in New Orleans to reach the median. A commercial vehicle barreling down the road saw the older child and quickly slammed on the brakes to slow down.

Unfortunately, the driver didn’t see the younger sibling trailing behind, and so he took his foot off the brakes. At just seven years old, our young client was struck by the vehicle, causing her severe and permanent injuries and altering the course of her life forever.

The children’s mother was referred to Breaux Law Firm by a friend. She was understandably distraught and ready to accept the insurance company’s initial low offer, as she watched the medical bills pile up.

The car accident had caused her daughter a series of grave injuries, including the loss of her spleen, a broken left arm, paralysis of limbs, a traumatic brain injury, and a neck injury, along with bruises, cuts, and scarring. The child needed an MRI for her brain and neck injuries.

By turning to Breaux Law Firm, our personal injury lawyers were able to offer the children’s mother the guidance and support she needed. With the assistance of an economist, a life care plan expert, and the child’s treating physician, we researched the medical case and created an estimate of medical costs across the child’s lifetime. A robust report helped prove these projected costs when the case went to trial.

The insurance company and corporate defendant had initially offered a nominal amount. Through diligent effort and high-quality service, Breaux Law Firm was able to secure $1 million in compensation for the child. In addition, the money was safely stored away in a special needs trust with an assigned trustee.

A special needs trust protects a minor’s money and allows it to be distributed as needed over the course of a person’s life. This ensures that the young child’s life, which has been forever altered, is made more safe and more secure through lifelong financial compensation. We were proud to work on this case.

With our trademark hands-on approach, we took this distressed mother under our wing, providing her with advice and a trustworthy advocate. At Breaux Law Firm, we fight for our clients as if they were part of our own family, and that is truly what we did for this young child.

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Success Stories

September 21, 2024

Breaux Law Firm Secures Over $1.4 Million for Severely Injured Construction Foreman

In 2019, a devastating accident in Downtown New Orleans left a construction foreman with life-altering injuries. This individual, a dedicated and skilled worker, was struck by a reversing tow truck while directing traffic at a job site. The injuries sustained were severe, impacting his legs, ankles, lower back, right shoulder, and feet, ultimately requiring multiple surgeries and extensive medical treatment. Breaux Law Firm was contacted shortly after the accident to represent the victim, as he faced a prolonged period out of work and mounting medical bills.

October 9, 2022

Personal Injury Case Study 05: Truck Driver Unfairly Injured and Blamed for Faulty Equipment Wins $475,000.00

Just before Christmas of 2014, a truck driver working for a company that transports hazardous material was in a terrible accident in Bastrop, Louisiana.

While trying to transfer hydrochloric acid into his truck via a hose, his equipment failed. Hydrochloric acid began spraying everywhere, including beneath his protective gear and even knocking off his eye protection. Despite being rushed into a safety shower, the truck driver experienced a substantial chemical eye injury that forever diminished his vision and damaged his body.

November 16, 2022

Personal Injury Case Study 06: Over $1 Million Won for Rideshare Driver Victim

The accident was a serious rear-end collision with heavy property damage—the total loss of our client’s vehicle—that occurred in 2018. Our client was driving on the clock for a rideshare service when she was rear-ended by a personal vehicle at an extremely high speed. Having injured her lower back and suffered a herniated disk with nerve root impingement, she underwent a costly and intense lumbar fusion.

The at-fault driver who rear-ended our client had a $250,000.00 policy limit. After some litigation on our part, the at-fault driver’s insurance company paid our client that amount plus judicial interest for a total of $285,000.00

September 19, 2023

Breaux Law Firm Wins $450,000 for Young Injured Woman

In 2017, a young New Orleans woman came to Breaux Law Firm for help. She had been rear-ended by the driver of a commercial vehicle in New Orleans East, yet the insurance company of the commercial vehicle was refusing to pay a fair amount for her recovery.

The insurance company did not deny that the commercial driver was clearly at fault for having rear-ended this young woman. However, this insurance company instead disagreed with the validity and value of her injuries, and thus they refused to cover their cost.

Frequently Asked Questions

1. HOW DO THE ATTORNEYS AT BREAUX LAW FIRM GET PAID

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.

2. DOES IT MATTER IF THE CAR I WAS IN HAD INSURANCE AT THE TIME OF THE ACCIDENT?

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

3. WHICH GEOGRAPHIC AREAS DOES THE LAW OFFICE OF BREAUX LAW FIRM SERVE

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.

4. WHAT ARE THE OFFICE HOURS OF BREAUX LAW FIRM

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m, excluding holidays. Our office is located in the Heritage Plaza at 111 Veterans Blvd. Suite 740 in Metairie. You’ll find plenty of parking available in our visitor parking lot, and a wheelchair-accessible ramp. Of course, you can always reach us at our 24-HOUR PHONE LINE: (504) 882-0551.

5. WHAT IF THE CASE DOESN’T WORK OUT? DO I OWE ANYTHING TO THE LAWYERS?

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.

6. HOW LONG DO I HAVE AFTER AN AUTOMOBILE ACCIDENT TO BRING IN A CASE

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

7. CAN I STILL RECEIVE MEDICAL CARE FOR MY INJURIES IF I DON’T HAVE HEALTH INSURANCE?

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.

8. HOW DO I TAKE CARE OF MY PROPERTY DAMAGE

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

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