Can You Sue a Bar for Overserving Someone that Caused an Accident?

While dram shop laws can often impose potential liability on businesses selling alcohol to patrons who later cause injuries, Louisiana has dram shop laws that are much more limited than other states. If you need help identifying potentially liable parties for your drunk driving accident in Louisiana, you will want to speak with a New Orleans drunk driving accident lawyer.


The National Conference of State Legislatures (NCSL) notes that 30 states have statutory provisions allowing certain licensed establishments to be liable for selling or serving alcohol to people who cause injuries or death as a result of intoxication, but 22 of the 30 states statutorily limit the liability to cases where an establishment sold or served alcohol to an obviously intoxicated individual or a person under the legal drinking age. The NCLS also points out that statutes in Louisiana exempt licensed establishments from liability except in the cases where they serve a person under the legal drinking age. 


Louisiana Dram Shop Laws

Louisiana Revised Statute § 2800.1 is the state law governing dram shop claims, and Louisiana Revised Statute § 2800.1.B states that no party selling or serving intoxicating beverages to a person over the age for the lawful purchase can be liable for any injury suffered off the premises because of the intoxication of a person to whom the intoxicating beverages were sold or served. Under Louisiana Revised Statute § 2800.1.C, social hosts serving alcohol are also immune to liability.


Louisiana Revised Statute § 2800.1.E does provide one important exception: The limitation of liability does not apply to any person causing or contributing to consumption of alcoholic beverages by force or by falsely representing that beverages are non-alcoholic. In these types of cases, then a merchant or social host may be liable.


Another possible exception could be for cases in which establishments sell alcohol to minors under 21 years of age. Pence v. Ketchum, 326 So.2d 831 (La.1976) was a Supreme Court of Louisiana decision that held that an alcoholic beverage retailer’s sale of alcoholic beverages to an intoxicated person in violation of Louisiana Revised Statute § 26:88(2) gave rise to a cause of action by the patron who suffers injuries as a result of the intoxication.


In that case, the plaintiff was a patron of a bar who brought his action against the owners of the bar and another party to recover damages for injuries he suffered when she was struck by an automobile after being ejected from the bar in an intoxicated condition. His action was based upon Articles 2315 and 2316 of the Louisiana Civil Code.


The district court dismissed the lawsuit on an exception of no cause of action filed by the owners of the bar, and the Court of Appeal affirmed the district court by relying upon the Supreme Court of Louisiana’s holding in Lee v. Peerless Insurance Company, 248 La. 982, 183 So.2d 328 (1966). The Supreme Court of Louisiana noted that its decision in Lee was “widely criticized as unsound,” and most of the recent decisions have rejected the no-proximate-cause rubric, leading to it overruling Lee, reversing the Court of Appeals, overruling the peremptory exception of no cause of action, and remanding the case to the district court.


While Louisiana state law is generally unfavorable for dram shop claims, you should still discuss your case with an attorney to see if certain exceptions may exist in your case that can allow you to hold a third party liable. Only three years after its decision in Pence, the Supreme Court of Louisiana ruled in Thrasher v. Leggett, 373 So.2d 494 (La.1979), a case in which an intoxicated plaintiff suffered injuries in a fall when a bar bouncer attempted to eject him, that the plaintiff’s injury was not caused by a breach of duty by the bar owner or bouncer but rather by the plaintiff’s own unruly behavior. 


Call Us Today to Speak with a New Orleans Drunk Driving Accident Lawyer

If you sustain serious injuries or your loved one dies in an accident caused by a drunk driver, you will want to be sure you know every single party who may be accountable. Egenberg Trial Lawyers has decades of experience handling these types of cases and will be able to assist you in recovering as much compensation as possible.


Our firm will quickly conduct our own independent investigation into your crash and then be able to determine every single party you could be able to hold responsible, negotiating for a fair and full settlement to your case. You may call (504) 229-3117 or contact us online to receive a free consultation with our New Orleans drunk driving accident lawyer.

What You Need to Know about Hiring a New Orleans Car Accident Lawyer: Part 2

The issue is that you have to prove what they did to cause the accident. Car accident evidence is not always easy to gather, especially because you may be dealing with injuries at the scene. 

An experienced attorney can get to work immediately, gathering the evidence that you need to prove liability. They can handle the details and all the tasks that you cannot, both because you are injured and do not know the car accident legal system. 

Your Damages in a Louisiana Car Accident 


Louisiana car crashes can be expensive. Not only are there prohibitive medical bills, but you also have other economic and non-economic costs. These damages do not even account for the experience that you have endured since the accident. One 2010 study placed the average per person cost of moderate car accident injuries at $123,000 per person. For accidents with severe injuries, the cost goes well beyond $400,000. These figures do not account for lost of quality of life, and they also do not factor in a decade’s worth of inflation. 


In any car accident case, you are entitled to the following damages:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Property damage
  • Emotional trauma 
  • Wrongful death damages for your family (if your loved one died in the accident)


Insurance Companies Will Make Your Life More Difficult


The insurance company does not want to pay you for the full value of your damages. What makes things even more complicated is that many Louisiana drivers carry the minimum amount of insurance since policies are so expensive in the state. Therefore, you may need to deal with your own auto insurance company using your underinsured motorist coverage (assuming you have it). Your own insurance company will not be any fairer with you than the other driver’s insurer. Customer service does not extend to fully and fairly paying claims.


You Can Always Reject a Low Settlement Offer


You have the legal right to say no to a settlement offer that does not fully pay for your damages. You can always continue to negotiate with the insurance company. If you cannot reach a settlement, you can always have your day in court, where a judge or jury will decide your case. At Egenberg Trial Lawyers, we will work for you to obtain the highest possible settlement or award after your car accident. These funds are money that you need to pay your bills and compensate you for the harm caused to you by someone else’s carelessness. 


Contact a New Orleans Car Accident Lawyer Today


If you or a loved one have been injured in a car accident, you need a sensible and determined attorney. At Egenberg Trial Lawyers, we will handle your case with care and compassion while we fight for you against anyone who would try to cut your compensation. To schedule your free initial consultation, call us today at (504) 229-5700 or contact us online. Do not delay in calling a lawyer because it can hurt your legal case. 

What You Need to Know about Hiring a New Orleans Car Accident Lawyer: Part 1

Someone else’s bad day or questionable judgment can have a permanent impact on your life. All it takes is being in the wrong place at the wrong time for a split second for things to change. Before you can even receive financial compensation for a car accident, you need to prove that someone else was responsible for the crash. Then, you must haggle with the insurance company to get all the money that you deserve. Neither of these is an easy thing for families dealing with car accident injuries. Dealing with an insurance company is not something that you should attempt to do on your own. 

You Can Hire a Lawyer Without Money from Your Pocket

The one thing that you have going for you in the car accident legal process is that you can hire an experienced attorney without having to pay any money upfront. You can leave the details of your case to us, and we will do the heavy lifting, helping you make the decisions that can put you in the best position to receive financial compensation. 

There are reasons why car insurance costs a small fortune in Louisiana. One is that the state ranks in the upper third in the country for fatal auto accidents. Wrongful death claims are expensive for auto insurance companies because of the extensive damages that families suffer. 

Why New Orleans Roads Are Getting More Dangerous

Road safety in Louisiana is getting worse, as it is in the rest of the country. Here are some of the common causes of car crashes in Louisiana:


  • Aggressive driving – this problem has gotten worse, especially since the start of the pandemic, as people have gotten used to driving with fewer cars on the road
  • Distracted driving – motorists simply will not put down their mobile devices to concentrate on the road, even though it is harshly punished in Louisiana
  • Drunk driving – Louisiana has a higher than national average rate of drunk drivers who have a blood alcohol level between .08 and .14
  • Inexperienced drivers – it takes a level of experience to handle New Orleans roads that many drivers do not have


Examples of Car Accident Negligence


In any car crash, you must prove that the other driver did something wrong. The mere fact that the crash happened is not enough evidence to put you in a position to receive financial compensation. You need to show that the other driver was negligent. Not everything that a driver does in an accident is considered negligent. It will only be negligence if the driver departs from the standard of care.


Here are some examples of things that could be considered negligence:


  • Not looking before changing lanes and sideswiping a driver
  • Running a red light or a stop sign
  • Causing an accident while speeding
  • Aggressively weaving in and out of traffic


The other driver would be liable whether they were reckless or negligent. 


Stay tuned for Part II of this blog series.


Why Does Louisiana Have the Second-Most Expensive Car Insurance Rates? Part 2

You should continuously look at other insurance policies in an effort to save money. 

Louisiana roads are also not in a very good state of repair, raising the risks of accidents. Michigan, the state with the highest insurance rates, is known for the terrible shape of its roads. Urban highways and roads in the New Orleans area are poorly designed and engineered, and many have fallen into a state of disrepair. The state’s gasoline tax is supposed to fund road repairs, but the state consistently falls short in the collections arena. 


Louisiana Roads Make Driving More Difficult


In addition, because the state has lower income levels and very powerful oil companies doing business here, Louisiana does not charge a very high gasoline tax. The .20 cents per gallon tax is one of the lowest in the United States. The lower collections mean that Louisiana does not have much money to spend on highway projects, and the roads get progressively more dangerous each year. Potholes and poor pavement conditions can cause drivers to lose control of their cars or steer suddenly to evade a road defect. 


Distracted Driving Jacks Up Insurance Rates


Louisiana is also known as a state with a particularly bad distracted driving problem. In 2020, there were over 23,000 people injured in the state because of distracted driving crashes. The state has the fifth-highest fatality rate for distracted driving crashes per billion miles traveled, meaning there are more crashes, and they are more severe. 


The state has tough laws for distracted driving and regularly runs awareness campaigns to rein in the illegal behavior, but neither seems to be working. In fact, the problem seems to be getting worse. When a driver looks down to send a text, they can travel the entire length of a football field before they return their eyes to the road. Distracted driving crashes happen at hour speeds, and they are more dangerous because the driver cannot take evasive actions. A prevalence of distracted driving crashes means that insurance companies pay out more in claims and have to charge higher prices on their policies.


Minimum Coverage Makes Your Claim More Complex


Because insurance is so expensive and many drivers have minimum coverage, your auto insurance claim may be more complex. You may need to file a claim against your own policy under your underinsured motorist coverage. When you have to deal with two insurance companies, you will have to negotiate even more intensively to get enough money to pay for your damages. Then, you may also need to turn to the courts to get sufficient compensation for your injuries.


Call a New Orleans Auto Accident Attorney


If you or a loved one have been injured in a car accident, you need an attorney. Egenberg Trial Lawyers works for Louisiana residents who have been hurt by someone else’s carelessness or recklessness behind the wheel. You can send us a message online or call us at (504) 229-5700 to schedule your free initial consultation. You owe us nothing unless we are able to help you win your case. 


How Much is Your New Orleans Bicycle Accident Worth?

One of the first questions that new clients ask us is how much they would be able to recover for their bicycle accident injury. This is a question that we will be able to give you a more exact response to after learning much more about your case. What we can do right now is explain the factors that help determine how much you receive.

No two injuries are the same in a bicycle accident case, even when two people suffer very similar harms. A badly broken leg can have a completely different effect, depending on the individual accident victim. One person can be a healthy 25-year old who has a physical job. They may suffer more damages than a retired person on a fixed income because this accident victim cannot earn the money that they need to support themselves. A competitive runner who jogs every day may be more affected by a severe injury than one who does not have as active of a lifestyle.


The Factors that Will Contribute to Your Bicycle Accident Payment

Having said that, we can explain how your bicycle accident claim is valued. Your claim is about far more than just your medical bills. Not only are you entitled to be paid for the economic damages that come out of your pocket, but the defendant also must compensate you for the experience that you have gone through from the accident. Since there are many pieces of your bicycle accident damages, these claims can be difficult to value. The challenge is even greater in a serious bicycle accident, when you are deserving of a check well into the six figures.


Economic Damages from Your Bicycle Accident

For economic damages, these are your actual losses from the bicycle accident. You may need to pay out money for your share of health care costs. These can add up quickly after an accident, as you have copayments for hospitalizations and medication. The other major part of economic damages is payment for not being able to work. If you miss time from your job or cannot do the same work that you did before your injury, that will be a part of your settlement. 


How Non-Economic Damages Work in Your Bicycle Accident Case

Next, the defendant must also pay you for your post-accident ordeal. This is what is known as non-economic damages because it is more difficult to place a direct dollar value on them. Every accident victim suffers differently from their injuries. One may be anxious, depressed and unable to sleep at night. Another may have suffered severe emotional distress. These are all part of your damages because you would never have experienced these emotions had it not been for your bicycle accident.

Non-economic damages are not easy to value because they are subjective in nature. The insurance company does not know what you have gone through, and chances are that they do not care. They are just looking to slap as low of a number of these as possible to settle the claim for less. Your claim may be worth more to you if you have an experienced lawyer telling your story and fighting on your side. 

The insurance company will use a multiplier of your medical bills to value pain and suffering. They will attach a higher multiplier to more serious injuries. However, this does not usually do justice for your particular experience. If they can take any shortcut to avoid paying you what you are legally entitled to, they will gladly do it. Your pain and suffering are unique to you and your experience. This is why you will need to be prepared to reject a low settlement offer that does not fairly compensate you. 


Making Sure that You Get Full Payment for Your Bike Accident

The value of your case and what you may receive as a settlement can often be two different things. If you do not have an experienced attorney or do not have the resolve to take on the insurance company, this gap will grow even wider. Just because you have suffered a certain amount of damages does not mean that the insurance company will want to pay you for them. In other words, the value of your case can be irrelevant if you are not able to fight for what you deserve. 

You can count on the fact that the insurance company knows the exact answer to the question about your case’s value. This is what they do all day, every day. They see thousands of accidents each month, and they have adjusters and sophisticated programs that can quickly place a dollar value on your case. However, they would never share that information with you because that is the advantage that they have. They are counting on slipping a low settlement offer by you when you do not know how much money you deserve. 

You need to equalize this advantage with a lawyer who also knows the value of bicycle accident cases. You can rest assured that we will learn the facts of your case well and arrive at a value of your case that we will use when we negotiate a possible settlement. While the ultimate decision on whether to settle is your, we will fight for you when it is necessary. If the insurance company will not make a reasonable settlement offer, we are prepared to litigate in court to get the money to which you are legally entitled when someone else’s negligence has injured you. 


New Orleans Bicycle Accident Lawyers

The attorneys at Egenberg Trial Lawyers know how to stand up to the insurance company on behalf of our clients when they seek to lower their recovery. We will not let this stand. Insurance companies know us and take us seriously when they see us on the other side. Let us fight for you to get the money that you deserve. Call us today at (504) 229-5700 or contact us online to schedule your free initial consultation.


Rear-end crashes may be far more serious than you think. At first, it may seem like you were in a minor crash, even if there was some damage to your car. However, rear-end car accident injuries are not always apparent at the time of the crash, or even in the first days after the accident. The other entity that may act like a rear-end accident was not serious is the insurance company. Regardless of the type of crash, you are legally entitled to compensation when someone else caused the crash. 


Your Injuries May Not Be Apparent at the Time of the Crash


The most common type of injury in a rear-end car accident is whiplash. When your car is hit from behind, the physics of the crash means that your head snaps forward while your body remains still. The violent motion of your head and neck can cause a number of different types of injuries.


First, you could suffer neck and back injuries from whiplash. Some accident victims could suffer from severe pain or reduced motion. At the minimum, they could suffer a neck strain. Some whiplash injuries could be far more serious and require surgery or extensive rehabilitation. Whiplash neck injuries could be permanent.


Second, and even more alarming, whiplash could cause a traumatic brain injury. The violent motion could cause your brain to move inside your head. The brain could hit the skull, causing a concussion or more serious brain injury. Traumatic brain injuries could require significant medical intervention for you to have a chance of returning to normal. If you delay in getting checked out and treated, you could lose valuable treatment time. 


Always See a Doctor After a Crash Just to Be Sure


The delayed, yet serious injuries caused by whiplash make a trip to the doctor’s office a must after a rear-end car accident. Even if you think that you have not been injured, you should confirm that with your doctor. One trip to a physician could reveal injuries that you did not think you had. The early diagnosis could save you from suffering more serious damage because your injuries lingered without treatment.


If you intend to seek financial compensation, you must visit a doctor for a comprehensive diagnosis. Delaying a trip to the doctor’s office increases the chances that the insurance company could claim that:


  • Your injuries originated from something other than your rear-end car accident
  • You made your injuries worse by delaying treatment, and you should receive less money as a result


Even if your rear-end car accident aggravated a pre-existing condition, you can still be compensated for your injuries, no matter what the insurance company says. In any personal injury case, the rule is that you take your victim as you find them, meaning that it does not matter whether you were more likely to be injured in a rear-end car accident. The responsible party must pay for all damages that they caused, regardless of your condition prior to your accident. 


There Are Some Presumptions of Liability


In any rear-end car accident, there is a presumption that the driver of the car that hit the lead vehicle is at fault for the crash. While this is a presumption, it is not an ironclad rule. If the lead vehicle stopped short in front of the rear car or cut them off, then the front car could bear responsibility. Nonetheless, the rear driver faces an uphill battle if they are trying to obtain compensation. However, if you were the rear driver, and you believe that the front car was at fault, it never hurts to contact an attorney to discuss your case. It will not cost you anything. 


Because some rear-end car accidents are not serious, and they have a lower fatality rate than other types of crashes, insurance companies may try to minimize your damages. In some cases, they are able to get away with it. However, the responsible party has a legal obligation to pay for all your accident damages, regardless of how the crash occurred. Just because you were rear-ended does not mean that you are any less injured. Insurance companies are especially skeptical of whiplash claims because people frequently make them. However, someone else’s claim has nothing whatsoever to do with your injuries. 


You Need an Experienced Attorney for a Rear-End Crash Claim


Hiring an attorney is one way to keep an insurance company from paying you too little. Rear-end car crashes can still cause serious bodily injury. An attorney will help you compile your claim and value your own personal injury. If the compensation that you have been offered is too low, you can reject it and respond with your own demand. You do not just have to simply accept what the insurance company offers. 


In addition, having an experienced attorney working for you can keep the insurance company from trying to blame you in part for your own injuries. The insurance company may try to argue that you stopped in front of their driver who hit you. Even if their claims do not have a sound basis, they can still get in your way when you are trying to negotiate compensation. Your attorney would defend your actions before the crash because it would maximize your own payment. Even if the insurance company only partially blames you, it would still cost you money. Insurance companies treat you differently when there is a tough attorney holding them accountable. 


Call a New Orleans Car Accident Lawyer


There is no such thing as a car accident that is not serious. Even if you suffered slight injuries or damages, you have still been impacted by someone else’s actions. If you do nothing, you are leaving money on the table. It is always worthwhile to explore your legal options with an attorney. At Egenberg Trial Lawyers, we help those who have been injured in a car accident. Call our office today at (504) 229-5700 or contact us online to discuss your case in a free initial consultation. 

LA Wrongful Death FAQ

What Is the Difference Between a Wrongful Death Case and a Survival Action?

A wrongful death case is the claim that the family has after their loved one has died to pay them back for their own losses that they suffered. When their loved one dies, they suffer their own damages. Wrongful death cases are governed by a specific law that states who can file the case. It is a right that belongs to the family.

A survival action is the personal injury case that is brought on behalf of the deceased person for what they suffered before they died. It is their own personal injury claim that they could have filed on their own had they lived. This is a claim that belongs to the estate, and the proceeds of the survival action are divided according to the terms of the estate.


Can I Sue a Company for a Wrongful Death?

The law in Louisiana is that employees are considered to be agents of their company when they are doing their jobs. Anything that they do on the job is considered to be an act of the company, such that the company is liable if one of its employees causes damages. Further, if you buy a defective product from a company, the company itself is liable for any injuries. 

Corporate settlements and jury awards tend to be larger than if you are filing a lawsuit against an individual for something such as a fatal car accident. These companies maintain large insurance policies and have much higher cash reserves to pay settlements and verdicts. However, the higher dollar amounts involved may also mean that these cases are harder fought.


What Should I Do if I Receive a Wrongful Death Settlement Offer?

The insurance company knows full well how much your claim is worth once they have done their research and run it through their own army of professionals. At first, you should be wary of early settlement offers that they make. These often have two purposes:

  • To test you to see what you are willing to take
  • To save money by trying to get you to accept less than you legally deserve

This is why you should be careful about accepting a settlement offer too quickly. Have your lawyer review the figures to see whether this settlement offer is reasonable and how much lower than fair value it is. You can always reject the settlement offer. If that happens, you can either counter with your own offer or go to court and file a lawsuit.


Will My Wrongful Death Case Include Punitive Damages?

No. Wrongful death settlements do not include punitive damages. This is only the right that belongs to the person who passed away. The estate can file a survival action to recover for the damages that the deceased suffered before they died. This legal claim can include punitive damages, so the person or company that caused the death would not get away with extreme conduct that killed someone and caused them a great deal of suffering before their death. You are more likely to see this in a medical malpractice or product liability case. 


What Happens if the Family Does Not Agree on How to Divide the Proceeds of a Wrongful Death Case?

With one wrongful death claim, it is up to the family to work together to decide how to split the proceeds of any money that they receive. They must discuss it amongst themselves based on the needs of each individual person. In a best-case scenario, the family is able to agree on the distribution to each person. Unfortunately, not all families are able to come to this level of agreement. In that case, the court will decide the division of the case. They will look at the needs of each person who is a part of the lawsuit, and allocate them a certain percentage of an award. If there is no agreement on how to split a settlement, each person should consult with a lawyer. The family should consider mediation to help keep them out of court. When you bring a survival action, you do not need to worry about negotiating the division, since it is done in accordance with the percentages included in the will. 


What Damages Can a Family Recover in a Wrongful Death Action?

The family is able to recover for their own damages that they suffered in losing their loved one. Had the person lived, they would have contributed to the family through both their presence and their earning power. Some of the wrongful death damages will include:

  • Lost wages that the deceased family member would have earned
  • Compensation for the loss of support that the deceased person would have provided, both in companionship and guidance
  • Loss of consortium damages
  • Payment for the grief and the family’s pain and suffering from losing their loved one

In a wrongful death case, these damages can be considerable. This is why you should have an attorney value your claim and negotiate the settlement agreement with the defendant and their insurance company.


How Much Will a Wrongful Death Attorney Cost Out of My Pocket?

You would not need to lay out any money to hire a wrongful death attorney. In order to understand why there is no risk to you, we will explain how a personal injury attorney is paid. Your lawyer is only compensated if your case is successful, meaning that you have received money in the form of a settlement or jury award. We do not ask for a retainer, nor will we send you bills for our time while the case is pending. Once your claim settles, we receive a percentage of your proceeds based on the representation agreement that you sign when you first hire us. If you do not win, we do not get paid for the time that we put into your case. This is why you have every reason in the world to get legal help.

Protecting Your Rights After a Car Accident

Your primary right after a car accident is to receive full compensation for your injuries if someone else was to blame for the crash. This right is in conflict with the interests of the insurance company that must write the check. Therefore, they try to take advantage of their own power to compromise your legal rights. As an accident victim, you must take steps to protect your rights after an accident. 


Do Not Speak to the Insurance Company or Post Publicly About Your Accident

Before you even call a lawyer, you can work to protect your own rights by remaining quiet to the greatest extent possible. Immediately after your crash, the insurance company for the responsible driver will go to work to protect themselves from liability. They do not care that you are injured and anxious. All they care about is cutting their own bill.

The insurance company may try to speak with you about the accident. There is nothing that can be gained from this conversation. In fact, it is not a conversation. Rather, it is an attempt to get you on the record and trap you into making some kind of admission that would undercut your claim. Once you are on the record, the insurance company will try to use that to deny your claim. They may even use it against you at trial. 

You should also resist the urge to speak publicly about the accident. This includes posting anything on social media. You should assume that the insurance company has access to your posts, and they can also use that as proof against you when you make a claim. The less you say about the accident, the better off you are.


You Should Call a Lawyer Immediately to Act to Protect Your Legal Rights

It is hard to protect your legal rights on your own. You do not always know the traps and pitfalls that could derail your case. The insurance company has been playing this game since the beginning of cars, so you can assume that they do. In addition, you may not always be using the best judgment because of your injuries. 

The best thing that you can do to protect your rights after a car accident is to contact an experienced attorney. Once you have an attorney working for you, all communications will go through the attorney. They will keep you from speaking when you should not, and the lawyer will take over your claim.

Most everyone is not equipped to handle their own claim. They may fall into the traps set for them by the insurance company, or they are unaware of the key deadlines in their case. Settling or litigating a car accident claim takes specialized experience. Protecting your legal rights is an active process, and involves action when necessary. This is what a lawyer can do for you. 


Protecting Your Legal Rights by Fighting Against Insurance Company Overreach

In addition, the lawyer will work to keep the insurance company from taking advantage of you when settling your case. One of the most important tasks that the lawyer will do is value your claim. Without this knowledge, you may take whatever the insurance company offers you. They know the value of your claim, practically down to the dollar. The insurance company has adjusters and an entire staff that values claims all day long. They are trying to catch you unaware, so they can save money at your expense. 

Protecting your rights means advising you to say no to a settlement offer that does not pay you for all of your damages. You have the legal right to reject a low settlement offer, and there is nothing that even forces you to deal with the insurance company in the first place. You can always file a lawsuit if that is within your best interests. Your attorney will advise you what may work for you in your particular situation. 


See a Doctor and Get a Full Medical Diagnosis

Protecting your rights also involves getting the medical treatment necessary to diagnose your injuries. In order to receive compensation for your injuries, the insurance company or jury will need to see documentation of the extent of your injuries. They will not write any check unless they can see it clearly on paper. This includes payment for medical bills, lost wages and pain and suffering. 

It is important to see the doctor right after your car accident. Even if you were treated at the scene, you would need a complete medical evaluation to learn the extent of your injuries. There is no downside to this. If there is anything wrong, the doctor will diagnose the condition and write it up in your medical records. 

The problem is when you wait too long to see a doctor after your accident. Then, you have given the insurance company another opening to potentially deny or reduce your claim. They will claim that your condition was made worse by delaying medical treatment, or that your injury happened some other way.

As you can see, the best way to protect your rights after an accident is to get legal and medical help as soon as you can. Otherwise, others who do not have your best interests in mind will move in quickly, and you will find yourself with less money or no money at all. 


Experienced New Orleans Car Accident Lawyers

If you or a loved one have been injured in a car accident, the attorneys at Egenberg

 Trial Lawyers can help you. We will deal with the insurance company on your behalf as we fight for you to receive top dollar for your injuries. The first step is to call us for a free consultation, where we will learn about your case and advise you of your legal options. Call us today at (504) 229-5700  or contact us online to discuss your case. You owe us nothing unless we are able to help you recover financially for your injuries.

Did COVID-19 Lockdowns Reduce Traffic Accidents? It’s Complicated

2020 was an unprecedented year, and observers are still trying to unpack all of the ways that COVID-19 and the related lockdowns affected society. It seems intuitive that the lockdowns and business closures would have reduced the number of drivers on the road and, by extension, traffic accidents. The data, however, paints a complicated picture of how fewer drivers on the road affected road safety.

Fewer Drivers, More Fatalities

There were certainly fewer drivers on the road during the height of the COVID-19 lockdowns. In addition, aggregate data about the total number of accidents is not yet widely available. That said, what is clear is that the number of traffic-related fatalities actually rose during 2020.

According to the National Traffic Safety Administration (NHTSA):

  • Vehicle miles traveled in 2020 decreased 13.2 percent from 2019
  • Approximately 38,680 people lost their lives in traffic accidents in 2020, an increase of about 7.2 percent from 2019

According to NHTSA’s analysis, the main factors behind the increase in fatalities were impaired driving, speeding, and failing to wear a seatbelt. Many observers believe that emptier roads led drivers to engage in riskier behaviors generally, resulting in more serious accidents.

Accident Victims Are Often Entitled to Compensation

Fortunately, if you were injured in an accident during the lockdowns or otherwise, you may be entitled to compensation. Under state law, when people are injured by the negligence of other people, victims can usually recover damages for their accident-related losses. Losses that car accident victims can often seek compensation for include:


  • Medical expenses
  • Lost income
  • Lost quality of life
  • Physical and emotional pain and suffering
  • Property damage

How a New Orleans Injury Lawyer Can Help

In the event that you have suffered injuries in an accident, it’s in your best interest to contact an experienced lawyer as soon as you can. Car insurance companies actively try to minimize the amount they pay out on every claim they receive, and an attorney can protect your rights and hold the at-fault driver accountable for their negligence. Some specific ways that a lawyer can help you after an accident include:

  • Identifying all potentially liable parties
  • Preparing and filing your claim paperwork and demand letter
  • Attempting to negotiate a settlement
  • Filing a lawsuit on your behalf
  • Representing you in court

In many cases, people who are represented by counsel secure significantly more compensation than they would be able to obtain handling their case themselves.

Call Us Today to Speak with a New Orleans Personal Injury Attorney

If you were injured in an accident caused by someone else, there is a good chance that you are entitled to compensation. At Egenberg Trial Lawyers, we work with victims throughout Louisiana, Texas, and the Gulf Coast. If you are seeking personal injury representation, we will never collect legal fees unless we secure compensation on your behalf, so there is no risk associated with retaining us to represent you.

Call us today at (504) 229-2853 or contact us online to schedule a free case evaluation.

Were You Injured in an Uber?

Uber provides an important convenience in New Orleans for residents and visitors alike. People can easily get around town without renting a car or following the schedules of public transportation. People who are out on the town can hitch a ride home if they have had too much to drink, preventing a potential drunk driving crash. Uber has become a regular practice for many people and can increase safety on the streets of New Orleans.

Unfortunately, Uber drivers can get into accidents just like any other driver. These accidents often happen when an Uber has a passenger, and these passengers can suffer serious injuries in crashes. What do you do next if you sustain injuries in an Uber accident?

Get Medical Attention

Sometimes, car accident victims will immediately know that they are injured. You should always call 911 so that you receive the emergency medical attention you need at the scene of the accident, as well as an ambulance ride if necessary. If you are in pain or are disoriented, you should go straight to the emergency room to get checked out. In fact, going for a medical evaluation is always a good idea even if you do not feel immediate pain. The symptoms of some car accident injuries can develop over time, but you want to get a diagnosis as soon as possible.

Call an Experienced Attorney

Your next step after your injuries are stabilized should be to contact an attorney who knows how to protect your rights in a New Orleans Uber accident claim. These claims can be different from regular car accident cases in different ways.

First, an Uber is considered to be a common carrier when it is transporting passengers in exchange for payment. Common carriers have a higher duty of care to passengers than other drivers have. Your attorney should know how to identify and prove when a common carrier has breached their duty of care and caused you injury.

Next, Louisiana requires Uber drivers to carry more insurance coverage when picking up passengers. However, rideshare insurance can be difficult to get and maintain. If your Uber driver does not have the proper insurance, you will need to file a claim with Uber’s insurance that covers its contractors. While this, in theory, provides $1 million in coverage, dealing with Uber’s insurance representatives is not a simple task. You need a strong negotiator who can fight for a fair settlement and file a lawsuit if needed as leverage in your case.

Discuss Your Options with a New Orleans Auto Accident Law Firm

While taking an Uber can be a responsible decision intended to avoid accidents and injuries, many Uber passengers have, nonetheless, become the victims of serious car accidents. Uber cases can be complicated and can involve many parties and insurance companies. You need an attorney who understands how to tackle these claims to ensure you receive the compensation you need for your losses. Please call Egenberg, APLC, at (504) 229-5700 or contact us online for a free consultation.