Personal Injury Case Study 07: Rear-Ended Client Awarded $295,000.00

Case Studies on Personal Injury, Case Study, Rear-End Collision, Uncategorized

In 2019, a woman in her seventies in Jefferson Parish was injured when her car was rear-ended accident by another vehicle. While the property damage to her vehicle was minimal, she was severely injured, with two herniated discs in her neck. This injury required her to undergo a two-level cervical neck fusion, a risky and costly surgery.

In order to successfully recover from the car accident, both physically, financially, and emotionally, she turned to Breaux Law Firm.

Due to the mild level of property damage, the at-fault driver’s insurance company tried to argue that our client’s doctor was being overly aggressive and that surgery should not be required. The insurance company even went so far as to hire their own expert to prove the surgery was unnecessary and thus the money to compensate her for her surgery should not be awarded. For a year and a half, the insurance company refused payment. But we at Breaux Law Firm fought back against their unfounded arguments and time-wasting tactics, and eventually, a trial date was set.

Showcasing Our Success

The Breaux Law Firm’s Track Record of Excellence

Serving New Orleans & Louisiana

40 years+

Your Trusted Legal Partner

Breaux Law Firm Represented

10,000+

Advocates for the Injured

Our Representation Recovered Over

$100,000,000+

Securing Justice for Our Clients

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

Accolades