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Unforeseen accidents and injuries can affect the course you’ve set for yourself and your family. Pain, suffering, lost wages, medical bills, and other effects of personal injuries are often overwhelming. In Louisiana, you may have legal recourse if you suffer harm due to someone else’s negligence. You could be entitled to monetary benefits.

Whether you are dealing with the aftermath of a truck accident, a slip and fall accident, or seeking justice for the wrongful death of your loved one, a New Iberia injury lawyer is your steadfast partner. An experienced attorney can advocate for your rights and help you navigate the complexities of your Louisiana personal injury case.

Types of Injury Cases We Handle

New Iberia injury lawyers handle a wide range of accidents that leave innocent victims and their families struggling with the consequences of severe and fatal injuries. If you or someone you care about has experienced harm after an accident that wasn’t your fault, regardless of how it occurred, you may have a valid personal injury case. Some of the cases our New Iberia injury lawyers handle and litigate include:

Car Accidents

According to the Center for Analytics & Research in Transportation Safety, there were two fatal crashes and 238 suspected injury crashes in 2023 in New Iberia. Contributing factors to car accidents include:

  • Alcohol impairment: Driving under the influence affects how drivers react, increasing the likelihood of accidents. If a car in front of a drunk driver on Admiral Doyle Drive suddenly brakes or a pedestrian on Duperier Avenue starts crossing the road, it may take a drunk driver longer to process the situation.
  • Aggressive driving: Any intentional driving behavior that disregards others’ safety constitutes aggressive driving. Actions such as running red lights while driving along Admiral Doyle Drive, unsafe passing, erratic lane changing, tailgating, and failing to yield can result in car accidents.
  • Speeding: Speeding is a significant factor in road accidents and injuries, linked to 29% of all road fatalities in 2022. In the same year, speeding killed 12,151 road users. Roughly 52% of people killed in these crashes weren’t wearing seat belts.
  • Distracted driving: This is the act of driving while engaging in activities that take your eyes off the road, such as texting, using your vehicle’s navigation system, or attending to your kids. Nine people in the United States die every day due to distracted driving.

Truck Accidents

Although extensive federal and state regulations govern the trucking industry, catastrophic accidents involving dump trucks, haulers, garbage trucks, and flatbeds still happen in New Iberia that, at times, result in fatal injuries. Experienced New Iberia truck accident lawyers can look into the truck’s maintenance records, the trucker’s work history, black-box data, cell phone records, and the police report to determine liability. Some common roads where these accidents happen include U.S. Highway 90, Lewis Street, and Emmeline Street.

Motorcycle Accidents

Motorcycle operators face many hazards while riding their bikes on New Iberia roads, including Louisiana Highway 14 and Jefferson Terrace Boulevard. Given their much smaller visual profile, motorcyclists are harder to see, making accidents more likely to happen. Motorcycles also offer limited protection, which results in more severe injuries during accidents.

Bicycle Accidents

While cycling offers riders a sense of freedom, fun, adventure, and exploration, cyclists along Main Street or in the Bayou Teche Area may sustain injuries, particularly when motorists fail to yield the right of way. Most bicycle accidents in New Iberia happen due to falls or collisions with motor vehicles. To prevent these accidents, the National Highway Traffic Safety Administration advises motorists to give cyclists room, obey speed limits, yield to cyclists, and always be aware of their surroundings.

Pedestrian Accidents

As a pedestrian walking along LA 14 or Jefferson Terrace Boulevard, you expect drivers to obey all traffic rules and exercise their duty of care while operating their vehicles. Actions such as road rage, texting while driving, and drunk driving can lead to serious accidents that result in severe injuries or even fatalities. To avoid pedestrian accidents, always use designated crosswalks and assume motorists aren’t paying attention.

Premises Liability

These accidents involve injuries that occur on someone else’s property due to their negligence. You can file a premises liability claim against a property or business owner if an unexpected hazard harms you, such as a collapsed structure, a loose floor tile, or toxic chemicals.

Negligent security is another type of New Iberia premises liability that usually happens in businesses. Entities open to the public, including hotels, malls, and stadiums, must create reasonably safe environments for visitors.

Defective Products

Product liability cases in New Iberia come in many categories, including airbags that don’t work correctly, toys that harm children, and medical devices or medications that lead to serious health complications. These cases may also involve safety equipment that fails even when used according to instructions, vehicle parts, food contamination, and appliances that electrocute, catch fire, or otherwise harm users. If you sustain injuries as a result of a defective or faulty product, you may file a defective product claim against the manufacturer, distributor, or retailer of the product.

Industrial Accidents

If you sustain injuries in a warehouse, an oilfield, a construction site, a paper mill, a refinery, or offshore on an oil rig, you can file a workers’ compensation claim to recover compensation for your injury. Louisiana requires employers to carry workers’ compensation insurance that typically covers your damages if your injury or illness happens during the course of your employment.

Wrongful Death

wrongful death claim allows families in New Iberia the legal right to seek compensation from the party or entity that contributed to their loved one’s death. Damages cover the decedent’s medical bills, lost income contributions, loss of companionship, and funeral costs.

Types of Injuries in New Iberia Personal Injury Claims

New Iberia accidents vary widely in their severity and circumstances. They can lead to injuries that range from mild to severe and from fleeting to long-term or permanent. Certain injuries may be common in specific types of accidents. For instance, whiplash is typically associated with rear-end car accidents. Here are some common injuries that accident victims in New Iberia may sustain:

  • Head trauma: Head injuries are classified in various ways, depending on the severity, cause, and location of the injury. Beyond a concussion caused by a forceful impact to the brain, other complications you may sustain after an accident include skull fracture, anoxic and hypoxic brain damage, brain stem injuries, and traumatic brain injuries.
  • Spinal cord injuries: These injuries happen when the spinal cord is dislocated or fractured. They may result in partial or complete paralysis.
  • Broken bonesBlunt force trauma from a direct blow, a fall, or a sudden twist in movement may cause a bone to fracture. In severe cases, a bone may be shattered into pieces. A smashed bone can occur after a crush injury, causing additional health complications.
  • Limb injuries: This type of injury can range from rotator cuff damage to amputations. In severe cases, an accident victim’s limb may be severely damaged, necessitating removal to save their life. Treatment of such injuries may require multiple surgeries, particularly in cases involving degloving.
  • Burns: Burn injuries from car accidents or industrial accidents can leave permanent scars, debilitating pain, and lifelong trauma. Burn victims may also be vulnerable to infections and hypothermia. They may experience depression and post-traumatic stress disorder after the accident. This is especially true if one sustains facial scarring or visible deformities.
  • Electrocution: Even relatively low-voltage electrical currents can be catastrophic, leading to brain and nerve injuries, organ damage, musculoskeletal injuries, and cardiac arrest. In severe cases, electric shock may result in death.

Every accident is unique, and so are the injuries associated with each claim. Some accidents result in ongoing complications, including paralysis and permanent disabilities. An accident can also lead to permanent damage that leaves you in constant pain, prevents you from returning to work, or affects your quality of life. Our New Iberia injury lawyers can build a compelling case to hold the negligent party financially liable for your injuries.

Steps To Take After an Accident

After an accident, it’s normal to feel upset, stressed, and worried. To bolster your case during this challenging time, here are some steps you should take:

  1. Call 911: If you can, dial 911 for emergency assistance. A responding law enforcement officer will draft an incident report that can help your New Iberia injury lawyer prove liability. 
  2. Remain still: If you feel extreme discomfort or your injuries seem significant, don’t move around and worsen your condition. This typically applies if you experience discomfort in your head, neck, back, or chest.
  3. Seek medical attention: Even if you feel OK or your injuries seem insignificant, seek medical attention. Certain injuries, including internal bleeding or head trauma, can only be detected through CT scans, X-rays, and MRIs.
  4. Gather witness information: If you can, note down the names and contact details of people who’ve witnessed the accident, along with the other driver’s details. Witness accounts can help prove fault in a New Iberia personal injury lawsuit.
  5. Photograph the scene: Use your smartphone to take pictures and videos of the accident scene. Vehicle damage, weather conditions, road conditions, street signs, and injuries can tell your story and help you determine what caused the accident.
  6. Don’t discuss liability with a claims adjuster: You aren’t required to provide an insurance company with a recorded statement after an accident. Speaking with an insurance adjuster about the accident may likely harm your claim. They may use your own words against you.
  7. Keep a diary: It’s best to write down every little detail of how your accident happened, as well as how you are feeling. Memories fade over time, and a journal can help refresh your memory and reconstruct what happened on the day of the accident.
  8. Contact a New Iberia injury lawyer: Seek out the expertise of a personal injury lawyer as soon as possible. An experienced attorney can determine what caused your accident and the party at fault for your injuries.

Damages Available in a New Iberia Personal Injury Case

Louisiana offers both economic and non-economic damages to victims of personal injury cases. Specifics vary based on your situation, but the damages typically cover:

  • Past, present, and future medical bills.
  • Doctor’s visits.
  • Prescription medication costs.
  • Physical therapy costs.
  • Lost wages.
  • Emotional trauma.
  • Loss of consortium.
  • Loss of enjoyment of life.
  • Scarring or disfigurement.
  • Cost of assisted living equipment.

Economic and non-economic damages are based on your losses as a direct result of the defendant’s negligence. Depending on the situation, you may also qualify for punitive damages in Louisiana. Also known as exemplary damages, courts may award these benefits to punish, deter, or set examples for particularly malicious or egregious conduct. Unlike economic and non-economic damages that are designed to compensate you for losses, punitive damages are intended to penalize the at-fault party, be it a driver or a manufacturer, for their reckless or intentional behavior. These damages are awarded at the court’s discretion.

Proving Negligence in a New Iberia Personal Injury Case

When it comes to handling a personal injury claim, our New Iberia injury lawyers will conduct an investigation into the circumstances that surround your accident. Primarily, this will include collecting and assessing any relevant information that can help to establish liable parties. New Iberia injury lawyers will use this information and evidence to demonstrate that negligence led to your accident and injuries. Our attorneys will establish:

  • The defendant owed you a duty of care.
  • They breached their duty by acting recklessly or negligently.
  • This breach directly caused the accident and your injuries.
  • The accident led to damages  you can be compensated for. 

You can file a claim with the at-fault party’s insurance company if you can demonstrate these four elements of negligence. For example, if you are involved in a car crash where the other driver was intoxicated, they have breached their duty to obey traffic rules by driving while drunk. Drunk driving is illegal, but that doesn’t itself warrant you filing an injury claim. When the driver’s intoxication directly causes your accident, you can hold them accountable for their actions.

Evidence in a Personal Injury Claim

To receive compensation for damages in a personal injury claim, you must use evidence that proves the defendant’s negligence led to the accident and your injuries. Evidence collected at the scene can be valuable to your case’s successful resolution.

Some of the key pieces of evidence that can boost your claim include:

  • Medical records.
  • Police reports.
  • Expert testimony.
  • Photos and videos from the scene.
  • Employment records.
  • Financial records.
  • Witness statements.

An experienced attorney in New Iberia can use the above examples of evidence to leverage more compensation from the insurance company. They are also invaluable when proving your case to a judge or jury.

Time Limit for Filing a Personal Injury Claim in New Iberia

In Louisiana, the statute of limitations for injury claims is generally one year from the date of the accident. This means that a victim who has suffered harm due to another party’s negligence must file a personal injury lawsuit within this time frame to recover compensation. As an injured victim, you must be aware of this time limit since failing to file a suit within this period could result in the dismissal of your case.

However, there are certain exceptions to this deadline in Louisiana. For instance, if the victim is a minor at the time of the accident, the one-year deadline is tolled until they turn 18 years old. Similarly, in cases where your injury isn’t immediately apparent or if you discover your injury at a later date, the statute of limitations can be extended.

These exceptions can be tricky to navigate in personal injury cases. It’s advisable to seek legal guidance from a reliable Zachary injury lawyer who can safeguard your rights.

How a New Iberia Injury Lawyer Can Help

Getting into an accident can be frustrating and physically, emotionally, and financially overwhelming. This is a lot to handle on your own. Fortunately, you don’t have to. You can hire an experienced personal injury lawyer in New Iberia who can handle all aspects of your case while you rest and recover.

Here are some of the benefits of hiring a skilled injury attorney:

  • Listening to you and relying on the information you offer to build a foundation for your case.
  • Providing support, assistance, and guidance throughout the claims process.
  • Conducting a comprehensive investigation to determine causation and fault.
  • Handling all communications with involved parties.
  • Seeking damages from the defendant and their insurance company.
  • Working with experts such as accident reconstruction specialists and doctors as they build your case.
  • Defending you if the other party tries to pin the blame on you.
  • Litigating your case in court if out-of-court settlement talks don’t bear any fruits.

Our New Iberia injury lawyers will work hard to negotiate a 

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Johnny
Johnny
When I got released from the hospital I was unable to go to there office and they immediately had no issues with coming to me to establish that friendly connection you get from morris and dewett...they took care of everything and always called me with updates about my case and the whole process was over within a few months. I highly recommend morris and dewett and will call them if needed in the future...
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Victoria H.
I would recommend Morris and Dewett to anyone looking for a personal injury law firm! My experience with them was like no other. The staff was very compassionate, professional, and took me through each and every step of my case. They patiently answered all of my questions!
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Josh Powell 10/10 for 1 full year I can honestly say someone stay in touch with me and always let me know what was going on thank you guys for being so amazing!!
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