Frequently Asked Questions

Frequently Asked Questions

What is a personal injury accident?

A personal injury accident occurs when someone is injured due to another person’s reckless or negligent behavior. These cases encompass a broad range of accidents, including auto accidents, offshore and maritime injuries, products liability cases, slip and fall accidents, and workplace injuries.

At Brian Caubarreaux & Associates, we’re here to help you navigate these complex situations and pursue the compensation you deserve. Whether you’ve been hurt on the road, at work, or elsewhere, our team is committed to ensuring your rights are protected.

How do I know if I have a personal injury accident case?

The best way to determine if you have a personal injury case is to consult with an experienced personal injury lawyer. At Brian Caubarreaux & Associates, our attorneys are skilled in understanding the complexities of the legal process and what it takes to build a strong case. We know what evidence matters and will carefully review the details of your accident with precision.

Our team values honesty and transparency, so you can trust us to provide a clear assessment of your specific situation. Meeting with us as soon as possible is crucial—the sooner we begin working on your case, the better. From the consultation to the courtroom, we Do It Right. Whether or not you have a case depends on the unique facts of your situation, so don’t wait—reach out today for clarity and guidance.

How long do I have to file a personal injury case in Louisiana?

In Louisiana now certain cases have a two-year statute of limitations due to recent changes by the Louisiana legislature. However with regard to survival actions and wrongful death claims these significant claims are governed by a one-year prescriptive period. This oftentimes causes confusion as to how long a person has to file the specific claim.

Therefore, it is imperative that the injured person or family contact an experienced personal injury attorney as soon as possible to avoid potentially losing their right to bring an action.

Contact our team at Brian Caubarreaux & Associates as soon as possible. We’ll help you make the informed decision of whether or not to file suit, then start working immediately to seek the justice you deserve. Don’t let time run out—reach out to us today!

How quickly should I contact a personal injury attorney in Louisiana?

In Louisiana or any state, you should contact a personal injury attorney as soon as possible after the injury occurs. Waiting too long can put your case at risk—critical evidence that could establish negligence may be lost or destroyed if not preserved in time. Once this happens, it becomes significantly harder to build a strong case.

At Brian Caubarreaux & Associates, we’re here to act swiftly and ensure your case starts on the right track. If you’ve been injured, don’t delay—contact our team today so we can Do It Right for you!

How do I choose an attorney?

Choosing the right attorney is critical for achieving successful results in your case.

Here are some key factors to consider:

  • Experience: Ensure the attorney specializes in the specific area of law your case involves. Personal injury law is complex, and an experienced lawyer can navigate it effectively.
  • Track Record: Look for a strong history of successful case results and significant amounts won for clients.
  • Trial Capability: Choose an attorney with a proven trial record. You want someone who won’t hesitate to take your case to court if necessary, rather than settling prematurely.
  • Professional Reputation: Check the attorney’s reputation for professionalism and dedication within their community.

At Brian Caubarreaux & Associates, we’re proud of our experience, results, and commitment to each client. We fight for the compensation you deserve, and we’re not afraid to take that fight to trial. If you need legal representation, contact us today. Our team is waiting to hear from you!

Can I choose my own doctor if I'm injured In a personal injury accident?

Yes, you can choose your own doctor to treat the injuries you sustained in a personal injury accident. However, there are some situations where an insurance company may try to dictate that you see a doctor of their choosing. Therefore, it is important to seek the advice of a experienced personal injury attorney as soon as possible after an accident to understand what these insurance companies may attempt to do.

At Brian Caubarreaux & Associates, we can guide you through this process. You deserve the right to choose the medical care that’s best for you, and we’re here to help make that happen.

Why is it important to see a doctor soon after my personal injury accident?

It’s crucial to see a doctor as soon as possible after a personal injury accident for several reasons. First and foremost, you need to protect your health and well-being. Some injuries may not be immediately visible, such as internal injuries, which can worsen or become life-threatening without prompt medical attention. A thorough medical examination ensures you receive the care you need and prevents potential complications.

Additionally, having an official record of your injuries is vital for your personal injury case. This documentation can be critical in proving the extent of your injuries and securing the financial compensation you deserve for medical bills, lost wages, and other expenses related to your accident. Prioritize your health and your case by seeing a doctor right away.

What if I have a pre-existing condition and I’m hurt in a personal injury accident?

Having a pre-existing condition doesn’t disqualify you from seeking compensation for injuries sustained in a personal injury accident. Any new injuries caused by the accident, or any aggravation of your existing condition, can and should be included in your personal injury claim.

However, many insurance companies will attempt to minimize or deny claims involving pre-existing conditions to avoid paying out compensation. That’s why it’s critical to have an experienced personal injury attorney on your side. At Brian Caubarreaux & Associates, we’ll fight for your right to compensation and ensure you aren’t unfairly penalized for your pre-existing health issues. If you’ve been injured, contact us today and let us Do It Right for you.

What should I do if an insurance adjuster calls me about my personal injury accident?

If an insurance adjuster contacts you after a personal injury accident, it’s important to be cautious. Adjusters may seem friendly and ask questions that appear harmless, but this is often a tactic to gather information that can be used to deny or minimize your claim. Remember, you’re not obligated to speak with them or answer their questions.

Instead, politely inform them to direct all communication to your attorney. If you choose Brian Caubarreaux & Associates, our team will handle all interactions with the insurance company on your behalf. We know their strategies and won’t let them take advantage of you during this difficult time. Contact us today!

If injured on a vessel such as a tugboat, barge or jackup rig, do I have to report my accident? I'm afraid if I do, I will lose my job!

Yes, it’s crucial to document your accident immediately. Demand that an official accident report is completed. Failing to report the accident could make it extremely difficult to pursue compensation later. Even if your injury seems minor at first, it could worsen over time, and not having a report on file could complicate your recovery process.

We understand that reporting an accident can feel intimidating, especially if you’re worried about your job. However, protecting your health and future should come first. At Brian Caubarreaux & Associates, we have extensive experience handling oilfield, offshore, and maritime injury cases. Contact us today so we can help you navigate this process and fight for the compensation you deserve.

How long will it be before my claim is resolved?

Every personal injury claim is unique, so the time it takes to resolve a case varies significantly. While some claims may be settled in a few months, others could take several years to reach a resolution. Various factors can influence the timeline of your case, including:

  • Comparative fault issues: Determining who was at fault can add complexity.
  • Severity of injuries: More severe injuries often require extensive medical documentation and expert opinions.
  • Complexity of the facts or law: Intricate legal or factual issues can prolong the process.
  • Other contributing circumstances: Each case presents its own set of challenges.

At Brian Caubarreaux & Associates, we’re committed to moving your case forward as efficiently as possible while ensuring we do it right. Our experienced team will keep you informed every step of the way and fight tirelessly to achieve the best possible outcome for you.

What types of damages are recoverable in a personal injury lawsuit?

In a personal injury case, many types of damages may be recoverable depending on the severity of the injuries, the circumstances of the accident, and other factors. These can include compensation for:

  • Bodily injuries: Impact on overall health and function.
  • Permanent scarring and disfigurement: Past and future.
  • Pain and suffering: Physical pain, mental distress, and anguish.
  • Medical expenses: Past, present, and future medical costs.
  • Loss of enjoyment of life:  Impact on quality of life.
  • Lost wages and earning capacity: Past and future income losses.
  • Loss of consortium: Impact on spousal or family relationships.
  • Loss of domestic or household services: Inability to perform everyday tasks.
  • Property damage: Repair or replacement costs, loss of use and diminished value.

 

If a person tragically passes away due to their injuries, their family may recover damages for:

  • Loss of care, comfort, and guidance.
  • Mental pain and suffering.
  • Funeral and burial expenses.
  • Support provided by the deceased.

 

Additionally, the deceased’s estate may be entitled to damages for:

  • Pre-death pain and suffering.
  • Pre-death terror and mental anguish.
  • Other related losses.

 

At Brian Caubarreaux & Associates, we’re dedicated to fighting for every form of compensation you deserve, ensuring justice is served and your future is protected.

Are witnesses necessary?

While having witnesses to an accident is not an absolute necessity, it can significantly strengthen your personal injury case. Witnesses can provide valuable testimony to help establish liability and corroborate your account of the accident.

 

If possible, gather the names, phone numbers, and addresses of any witnesses at the scene, along with their statements. This information can be vital during the investigation phase of your case. At Brian Caubarreaux & Associates, our team is equipped to assist with thorough investigations and analysis of witness information, ensuring we build the strongest case possible on your behalf.

Should I get Uninsured/Underinsured insurance coverage?

Yes, you should. Uninsured/underinsured motorist coverage is extremely important because it protects you if you’re involved in an accident with a driver who either has no insurance or has insufficient coverage to fully compensate for your injuries and losses. Unfortunately, many people in Louisiana still drive without insurance, despite it being against the law.

Having this type of coverage ensures that you’re financially protected and can help cover medical expenses, lost wages, and other damages that may arise from your injury. At Brian Caubarreaux & Associates, we recommend that all drivers in Louisiana consider adding this coverage to their policies to safeguard their interests.

Can my Facebook or other social media website accounts be used against me?

Anything you post on social media can easily be accessed by other lawyers and CAN be used against you in a personal injury case. If you share pictures or videos that show you performing activities that you claim you cannot do — even if those images are from before the accident — it could potentially harm your case. Because of this, it’s extremely important to exercise caution with your online posts. You don’t want to inadvertently help the insurance companies and their lawyers undermine your case.

Should I give a statement to the insurance company?

You do not have to give a statement to the insurance company immediately after an accident. It’s crucial to seek legal guidance before providing any statements to an insurance company, as anything you tell them can be taken out of context and used against you to deny your personal injury claim. At Brian Caubarreaux & Associates, we’ll help protect you from predatory insurance companies and ensure your rights are upheld.

I had an accident and the other driver begged me not to call the police because he said his insurance premiums will increase, what should I do?

You should always call the police after an accident, especially if you’ve been injured. Having a police officer come to the scene and create a report provides you with a documented account of what happened. Without a police report, stories can change, and cooperation to uncover the truth may be minimal. Our team at Brian Caubarreaux & Associates recommends that you protect yourself and your case by calling the police to ensure an official record is made.

As I approach recovery from injuries, where do we go from here?

At Brian Caubarreaux & Associates, our primary focus is giving you every opportunity to reach maximum medical improvement and recovery. Ensuring your health and well-being should be the main directive of every personal injury case. We will only move on to settlement negotiations when you and your doctors feel that you have recovered as fully as possible from your injury. Your recovery comes first, and we’re here to support you every step of the way.

Do we pursue my case and enter into litigation, or do we settle?

At Brian Caubarreaux & Associates, our job is to leave no stone unturned in determining a just value for the damages you’ve suffered from your injury. That means we aren’t afraid to take your case to trial if necessary; in fact, we prepare every single case as though it will go to trial. However, it’s important to understand that settling a case is often the better outcome, especially in situations where the main point of contention is the amount of damages.

Typically, a case goes to trial when there’s a significant disagreement about the level of damages or when liability is unclear. Going to trial can be expensive and stressful, particularly if a jury is involved. That said, our team will work tirelessly to evaluate your case and make the right decision for you—whether that means pursuing your claim in court or achieving a fair settlement. Your best interests are always our top priority.

If my car has little or no damage from a collision, can I still recover medical expenses, lost wages and pain and suffering damages from the at-fault defendant?

Yes, you can. In many auto accidents, the human body can sustain serious injuries even when the vehicle itself shows little or no visible damage. Modern vehicles are often designed with materials that bend and snap back into place after a collision, but this doesn’t mean the people inside escape unscathed.

If you’ve been injured in a collision but your car appears relatively undamaged, don’t assume you don’t have a case. Contact our team at Brian Caubarreaux & Associates. We’ll evaluate your situation and help you determine the best path forward to recover the compensation you deserve.

Should I Take Videos or Photos of My Accident or Injury Situation?

Yes, we highly recommend taking pictures or videos if you are able. This type of evidence can be crucial in proving your case. Be sure to capture important details such as:

  • The surrounding area of the incident.
  • The positions of vehicles involved in an accident.
  • The condition of the roads or other environmental factors.
  • Any hazards or conditions that contributed to the incident.

 

Visual evidence can provide clarity and context that might otherwise be lost, making an enormous difference in the outcome of your case. If you’ve been injured, don’t hesitate to reach out to Brian Caubarreaux & Associates to ensure your rights are protected.

What Should I Do After Contacting Police and Emergency Services?

Once the authorities arrive, cooperate fully and give an honest, detailed account of the incident. Be sure to:

  • Give an accurate description of what occurred without admitting fault or exaggerating.
  • Inform the police or emergency responders of all symptoms you are experiencing, even if they seem minor.
  • Pay attention to statements made by others involved in the incident and how they describe events to the authorities.
  • Politely ask the officers about how fault is determined under the applicable laws or regulations.
  • Fully comply with any requests from the authorities while maintaining a courteous demeanor.

 

Your actions during this time are crucial and can help ensure that the details of the accident are properly documented, which may support your case later. For guidance after an accident, contact Brian Caubarreaux & Associates.