FAQ

Injury, Accident, and Property Damage Claims

When an accident, injury, or natural disaster disrupts your life, you need answers fast. This FAQ page covers personal injury claims, car and truck accidents, slip and fall cases, storm damage claims, and commercial hurricane claims for Louisiana. 

At Mike Brandner Law, our legal team is dedicated to ensuring that you know your rights and the next steps to take after you’ve suffered an injury and other losses in Metairie, Hammond, Lake Charles, Lafayette, New Orleans, and the surrounding areas.


Personal Injury Claims

What qualifies as a personal injury claim in Louisiana?

A personal injury claim arises when you’re hurt due to someone else’s negligence, recklessness, or intentional actions. Through an injury claim, you may be entitled to recover compensation for medical bills, lost wages, and pain and suffering related to your accident. Common examples include:

– Car, truck, or motorcycle accidents
– Slip and fall injuries
Defective product injuries
Workplace or construction accidents
– Injuries caused by unsafe property management

How long do I have to file a personal injury lawsuit?

Most states have a statute of limitations ranging from one to four years, starting from the date of injury or the date of discovery. Missing this deadline usually means losing your right to sue, so contact an attorney as soon as possible. Under Louisiana law, you generally have two years from the day the injury occurred.

What damages can I recover in a personal injury case?

You may recover economic damages (medical costs, lost wages), non-economic damages (pain, emotional distress), and, in rare cases, punitive damages. The total amount depends on the severity of your injuries, the length of time it takes to heal, and evidence of fault.

Do I need a lawyer for my personal injury claim?

While you can file on your own, an attorney increases your chances of a fair settlement by handling negotiations, gathering evidence, and meeting legal deadlines. Insurance companies are known for offering less and for finding reasons to deny or delay injury accident claims.

How is fault determined?

Fault is based on evidence such as police reports, witness statements, photos, expert analysis, and investigative findings. States follow different rules, including comparative or contributory negligence, which can affect the total amount of compensation you can recover. That is why you should contact a lawyer sooner rather than later to help ensure you receive fair treatment. You should also avoid posting anything on social media after your accident to prevent any discrepancies that could be misconstrued and used against you.


Car and Truck Accident Injuries

What should I do immediately after a car or truck accident?

Call 911, seek medical attention, document the scene with photos, obtain witness contact information, and request an accident report. You should also avoid admitting fault and contact an experienced local attorney before speaking with insurers.

How soon should I contact an attorney after a crash?

Contact a lawyer as soon as possible after you are injured in a wreck. Early legal representation can help ensure your rights are protected, prevent insurance mishaps, and streamline the evidence and documentation collection process. It can also prevent you from missing any key time limits related to your injury claim.

How do insurance companies calculate settlements for vehicle accidents?

They consider medical bills, related repair costs, lost income, costs for adaptive equipment, and home renovations for long-term injuries, as well as related pain and suffering. However, insurers often undervalue claims, so an attorney’s negotiation can significantly increase your payout.

Can I still get compensation if I’m partly at fault?

Per Louisiana Civil Code Article 2323, Louisiana is a comparative negligence fault state. Meaning that you may be entitled to recover partial compensation if your actions contributed to your accident and injuries.

Who can be held liable in a large truck accident?

Liability may extend beyond the driver to the trucking company, cargo loaders, maintenance providers, or manufacturers. These cases often involve multiple parties and complex regulations.

What happens if the other driver is uninsured?

You may file a claim under your uninsured/underinsured motorist coverage, if available. An attorney can also explore other liable parties or recovery options.


Slip and Fall Accidents

What counts as a slip and fall case?

Slip and fall cases occur when unsafe property conditions—like wet floors, poor lighting, or uneven surfaces—cause injury. You must show the property owner knew or should have known about the hazard.

How do I prove a property owner’s negligence?

Establishing a burden of proof is an essential step in any premises liability injury claims. This includes gathering photos of the hazard, incident reports, witness statements, and medical records. Ultimately, you’ll need to prove that the owner had the opportunity to fix or warn about the danger but failed to do so.

What steps should I take right after a fall?

Report the accident to the property owner, document the scene, seek medical care, and keep all records. You should also avoid giving recorded statements to insurers without first speaking with a skilled premises liability attorney in Louisiana.

Who’s responsible if I’m injured on public property?

Government entities can be held liable, but strict deadlines and notice rules apply. To help ensure that you don’t miss out on recovering fair compensation, contact an experienced Louisiana premises liability lawyer like Mike Brandner.


Hurricane and Storm Damage Claims

How do I start a hurricane or storm damage claim?

Inform your insurance company as soon as possible, document all damage with photos, make temporary repairs to prevent further loss, and keep all receipts.

What if my insurance company denies or delays my claim?

You can file a dispute, request an independent inspection, or hire a hurricane claim attorney. Bad faith laws may apply if the insurer acts unfairly.

How long do I have to file a storm damage claim?

Deadlines vary by state. Contact a lawyer who specializes in storm damage or hurricane claims in Louisiana to ensure you file promptly, protecting your rights.

What documents help prove storm-related losses after a hurricane in Louisiana?

Before-and-after photos, repair estimates, receipts, and inventory lists all strengthen your claim.


Commercial Property Claims After a Hurricane

What qualifies as a commercial hurricane damage claim?

These claims involve hurricane damage to business properties, including structural harm, equipment loss, and business interruption.

What should I do right after my business suffers hurricane damage?

Secure the property, document the damage, contact your insurer, and gather financial records that show lost income.

Can I claim lost income along with property damage?

Yes—business interruption coverage may reimburse lost profits and ongoing expenses during repairs.

How can I challenge an undervalued insurance claim?

You can request a re-inspection, hire independent adjusters, or work with an attorney experienced in commercial claims.

Do I need an attorney for a commercial hurricane claim?

It’s highly recommended. Commercial claims involve complex policies, strict deadlines, and high-value losses, making experienced legal representation crucial.


Contact a 24/7 Louisiana Legal Team Near Me

Need answers beyond these FAQs? Our attorneys are available 24/7 to review your case for free. Whether you’ve been injured, lost property in a storm, or need help with an insurance dispute, we fight to protect your rights.Our legal team offers free, no-obligation consultations for every potential client, and we charge no fee unless we win your case. Contact us by phone, chat with us online, or submit your case details using our secure contact form to start the legal process.