Frequently Asked Questions

For personal injury claims arising on or after July 1, 2024, Louisiana generally provides a two-year prescriptive period. However, there may be exceptions depending on the circumstances, so it’s important to consult with a legal professional as soon as possible.

At Chris Corzo Injury Attorneys, our Baton Rouge personal injury lawyers are here to help individuals and families navigate some of the most difficult moments of their lives. If you’ve been injured due to someone else’s negligence, we want you to know you’re not alone—and we’re ready to fight for the justice and compensation you deserve.

We handle a wide range of personal injury cases, including:

• Bicycle accidents
• Boat accidents
• Bus accidents
• Car accidents
• Dog bites
• Lyft and Uber accidents
• Motorcycle accidents
• Pedestrian accidents
• Premises liability
• Product liability
• Slip and fall injuries
• Spinal cord injuries
• Traumatic brain injuries
• Truck accidents
• Wrongful death

No matter how you were hurt, our compassionate legal team is here to stand by your side and pursue the accountability you need to move forward.

In a personal injury case, you may be entitled to recover various types of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and sometimes punitive damages if the defendant’s actions were particularly egregious.

Not all personal injury cases go to trial. Many are settled out of court through negotiations. However, if a fair settlement cannot be reached, your case may proceed to trial where a judge or jury will determine the outcome.

After an accident, it’s important to ensure your safety and the safety of others. Call emergency services if anyone is injured, gather evidence by taking photos of the scene, and exchange information with other parties involved. It’s also advisable to document any witnesses and seek medical attention, even if injuries are not immediately apparent.

At Chris Corzo Injury Attorneys, we do not charge hourly rates or any fees upfront. Instead, we are paid on a “contingency fee” basis. This means that we only get paid if we put money in your pocket. This is an extremely beneficial arrangement for individuals who were injured through no fault of their own, as it allows people from all walks of life to access quality legal representation that they might not otherwise be able to afford.

In many types of personal injury cases, including car and truck accidents, the injured victim is usually up against a sophisticated insurance company that uses cutthroat tactics to save money at their expense. The contingency fee structure at our firm levels the playing field. It gives you the opportunity to work with an attorney who has the skills, knowledge, experience, and resources required to cut craven insurance companies down to size and put you back on top.

The four elements you must prove to win a personal injury case are:

• Duty. The defendant must have owed the victim a “duty of care.” Generally, individuals have a duty to act with a certain level or standard of care. The standard of care is not that of an extraordinarily cautious individual or an exceptionally skilled person. For purposes of personal injury liability, individuals are supposed to act as a reasonably prudent person would under the same or similar circumstances.
• Breach. A defendant is generally considered to have “breached” their duty of care when their actions fall below an adequate standard of care. An act of negligence, such as texting while driving or driving while intoxicated in the case of a vehicular accident, would likely constitute a breach. In some cases, there are specific statutory laws that may apply. In these instances, a determination may also be made as to whether a reasonably prudent person in the defendant’s situation would have also violated the statute in question.
• Causation. The victim must establish a causal link between the defendant’s negligent actions and their injuries and damages. Specifically, they must show that the claimed injury was in whole or in part the result of the defendant’s misconduct. For example, if a victim has neck pain or a herniated disc following a vehicular accident, they will need to demonstrate the accident was the cause of those injuries through medical records, testimony, and other evidence. The defendant might claim the victim’s injuries as the result of a preexisting medical condition or some other injury.
• Damages. Finally, the victim must show proof of personal injury and related damages. “Personal injuries” include every variety of injury to someone’s body, mind, and emotions. A victim will need to provide evidence of how the injury or injuries affected them physically, emotionally, and financially.

If the victim is successful in proving these four elements, they will be paid compensation. Ultimately, the value of the victim’s claim (which determines the amount of compensation recovered) will depend on many factors, including the amount of available insurance coverage.

Our personal injury services in Baton Rouge include a full assessment of the circumstances surrounding your accident. Our attorneys will advise whether you have a strong claim, including its potential value, and walk you through what it will take to win.

To obtain compensation for your injuries and losses after an accident, you will need to identify the at-fault parties and prove their liability. This is no small task, especially if you are unfamiliar with the legal process and are up against someone with considerable resources.

When you choose our firm, we will thoroughly investigate your case and gather physical evidence, police reports, medical records, witness testimony, and other proof to build the most compelling case possible. We will also work to proactively ensure that insurance companies provide the full extent of any available coverage.

Although some personal injury cases will inevitably go to trial, we have had significant success helping many of our clients get compensation and move on with their lives without having to go to court. If a trial is needed, our lawyers are well-equipped to fight and will do everything in our power to avoid a long, drawn-out court battle.

Our attorneys never settle for less, and neither should you. Contact us online or call (225) 999-1111 to learn more about how our personal injury services in Baton Rouge can help you secure just compensation.

When contemplating whether to take legal action against a negligent party, you may fairly be wondering whether a personal injury claim is worth the trouble. Specifically, you will want to understand how much you stand to recover if you win. Under the law, personal injury victims can obtain compensation for monetary (calculable) and non-monetary (non-calculable) losses. Our personal injury services in Baton Rouge include an estimated case value after we carefully review your circumstances.

The value of your personal injury claim will depend on several key factors, including:

• The circumstances of your accident
• The severity of your injuries
• The amount of available insurance coverage

Damages you may be able to recover in a Louisiana personal injury case include:

• Past, current, and future medical bills related to your injuries
• Lost wages and earning capacity
• Loss of enjoyment of life
• Loss of consortium
• Property damage
• Pain and suffering

Determining whether an Uber or Lyft driver caused a car accident can involve several steps and considerations. Here’s a breakdown:

1. Gather Information: Immediately after the accident, if you are able to, collect as much information as possible. This includes the names and contact information of all parties involved, insurance details, license plate numbers, and any eyewitness accounts.
2. Identify the Driver: If the accident involves a rideshare vehicle, identify whether it was an Uber or Lyft by checking the app decal on the vehicle or asking the driver. Additionally, note the driver’s name and any other relevant information displayed in the app.
3. Document the Scene: Take photos of the accident scene, including the positioning of vehicles, damage sustained, and any relevant road conditions or signage. This documentation can be crucial for determining fault later on.
4. Report to the Rideshare Company: Both Uber and Lyft have procedures in place for reporting accidents. If you were a passenger in the rideshare vehicle, the driver should report the accident through the app. If you were in another vehicle involved in the accident, you may need to contact Uber or Lyft directly to report the incident.
5. Contact Authorities: If there are injuries or significant property damage, it’s important to contact the police and file a report. The police report can provide an official record of the incident and help establish fault.
6. Review Insurance Coverage: Rideshare companies like Uber and Lyft provide insurance coverage for their drivers, but the extent of coverage can vary depending on the driver’s status at the time of the accident (e.g., whether they were logged into the app, actively engaged in a ride, or offline). Understanding the insurance coverage available can help determine how to proceed with a claim.
7. Seek Legal Advice: If you believe the rideshare driver was at fault for the accident and you’ve suffered injuries or property damage, it may be advisable to consult with a personal injury attorney. An attorney can help assess the circumstances of the accident, navigate the claims process, and represent your interests in negotiations or legal proceedings.

As in other accident cases, it depends on who was at fault in the crash. All drivers in Louisiana are generally required to operate their vehicles reasonably safely and to refrain from dangerous activity behind the wheel. Those who do not live up to this responsibility are considered negligent and liable for any accidents that happen.

Here is how liability is determined in some common situations.

• A passenger in a rideshare vehicle is injured in an accident caused by another driver: If the driver is to blame for the crash, they are likely to be legally responsible for your injuries. If the person is driving a company vehicle at the time, their employer may also be liable.
• A passenger in a rideshare vehicle is injured in an accident caused by the rideshare driver: The driver is likely to be liable in this situation. Uber and Lyft require drivers to provide proof of insurance when they sign up to drive for the companies. Uber and Lyft also offer limited insurance coverage that may kick in.
• A driver or passenger in another car is injured in an accident caused by a rideshare driver: The rideshare driver is also primarily liable in this situation, although the rideshare companies’ liability is still being tested in courts and may depend on the specific circumstances.

In some cases, more than one party may be to blame. For example, Louisiana is a “comparative negligence” state. That means a person who is partly to blame for their injuries in a car accident can still get some compensation based on their proportion of fault. The only exception is in situations in which a person intentionally causes an accident.

The question of rideshare companies’ responsibility for accidents involving drivers using their apps continues to be debated in courts in Louisiana and beyond.

Uber and Lyft broadly take the position that they are not liable for these crashes because the drivers are independent contractors rather than employees. Companies are generally on the hook for accidents caused by their employers while acting within the scope of their employment. Independent contractors are treated like self-employed entrepreneurs, however.

Both Uber and Lyft provide insurance coverage for their drivers, passengers, and third parties involved in accidents. However, the specific coverage varies depending on the phase of the rideshare trip:

1. App Off: When the driver is not actively using the rideshare app, their personal auto insurance policy applies.
2. App On, Waiting for a Ride Request: Both companies offer contingent liability coverage, typically up to $50,000 per person in bodily injury coverage, with a maximum of $100,000 per accident, and $25,000 for property damage.
3. App On, En Route to Pick Up or During a Trip: Both companies provide commercial liability insurance, typically offering up to $1 million in coverage for both bodily injury and property damage.

Many of the steps to take after a rideshare accident are the same things that people should do in the aftermath of other types of traffic accidents.

Rideshare passengers who are injured in an accident should call 911 and seek immediate medical attention if needed. If you are not seriously injured, check on others involved in the crash to determine if they need emergency medical services.

The next step is to alert the police. Officers responding to the scene will look at the physical evidence, speak to the drivers involved, and talk with any witnesses. The police report that they generate is important both for determining who is to blame for the crash and filing a claim with relevant insurers.

Drivers who can safely move their cars to the shoulder of the road should do so while waiting for police to arrive. This reduces the risk of a second accident involving oncoming traffic.

Anyone involved in an accident can also go a long way by documenting the scene. That includes taking photos of the cars involved, skid marks or physical signs of the collision, and your own injuries. You can also document some of this information in writing, take down license plate numbers, and list the contact info of the people involved in the crash and any witnesses.

Yes, you can sue a rideshare driver for negligence in Louisiana if they are found to have breached their duty of care, causing you harm.

To successfully pursue a negligence claim against a rideshare driver in Louisiana, you must generally prove the following:

1. Duty of Care: The driver owed you a duty of reasonable care.
2. Breach of Duty: The driver failed to exercise that duty of care.
3. Causation: The driver’s breach of duty directly caused your injuries.
4. Damages: You suffered actual damages as a result of the accident.

Car accidents can be life-altering, leaving victims with physical, emotional, and financial pain. With medical bills mounting, lost wages, and dealing with insurance companies, navigating the aftermath of a car accident can be overwhelming. In situations like this, it’s important to consider hiring a personal injury attorney. A personal injury attorney can help you understand your legal rights, navigate the complex legal system, and help you receive the compensation you deserve. Here are some common scenarios where hiring a personal injury attorney can be beneficial:

1. Serious Injuries: If you’ve sustained severe injuries, such as broken bones, spinal cord injuries, traumatic brain injuries, or internal organ damage, seeking legal counsel is essential. An attorney can help you navigate the complex legal process and fight for the compensation you deserve, including medical expenses, lost wages, and pain and suffering.
2. Complex Cases: Car accidents involving multiple parties, commercial vehicles, or uninsured or underinsured drivers can significantly complicate liability issues. An experienced attorney can investigate the accident, identify all responsible parties, and help you pursue claims against them.
3. Insurance Company Disputes: Insurance companies may try to minimize liability or offer low settlement amounts. A skilled attorney can negotiate with the insurance company to obtain a fair settlement or take your case to court if necessary.
4. Statute of Limitations: Louisiana has a two-year statute of limitations for personal injury lawsuits. An attorney can ensure your claim is filed on time and protect your legal rights.

Negligence occurs when a driver fails to exercise reasonable care, leading to an accident that injures another person. Negligence is a common factor in many car accidents in Baton Rouge, Louisiana.

To prove negligence, you must show:

1. Duty of Care: The driver had a responsibility to act safely.
2. Breach of Duty: The driver failed to meet this standard of care.
3. Causation: The driver’s actions directly caused the accident.
4. Damages: You suffered injuries or losses as a result.

Louisiana’s Comparative Negligence Law

Fortunately, Louisiana law allows victims to hold negligent motorists accountable when they fail to safely operate their vehicles and cause preventable accidents and injuries. Even if you’re partially at fault, you can still recover damages. However, your award will be reduced by your percentage of fault.

UM/UIM coverage is a type of car insurance that protects you and your passengers if you’re involved in an accident caused by a driver who:

• Has no insurance: Uninsured Motorist (UM) coverage
• Doesn’t have enough insurance to cover your losses: Underinsured Motorist (UIM) coverage

Why is it important?

• Peace of mind: It ensures you’re protected, even if the other driver is at fault and uninsured or underinsured.
• Financial security: It can help cover medical bills, lost wages, and other expenses.

Check your policy:

Many states, including Louisiana, require UM/UIM coverage. Review your policy to understand your coverage limits and consider increasing them for added protection.

After an accident, it’s always wise to call 911 and have law enforcement come to the scene to take a police report and ensure anyone in need receives medical attention. While these police reports can serve as valuable evidence in a car accident case, they aren’t a requirement for you to file a claim.

Whether you have a police report or not, one of the most important steps you can take to protect your rights is to contact an attorney. At Chris Corzo Injury Attorneys, we take immediate action to investigate accidents, document crash scenes, and gather other evidence that can serve the same purpose as a police report in supporting your claim.

As corporations, insurance companies prioritize profits over people and take aggressive steps to dispute, deny, and underpay claims. Without an attorney by your side, you risk falling prey to their many tactics and recovering less than you deserve.

Delay Tactics:

• Requesting Excessive Documentation: Insurance companies may ask for numerous documents, even if they’ve already received the necessary information. This can prolong the claims process and frustrate policyholders.
• Stalling Investigations: Intentionally delaying investigations can prevent a timely resolution of a claim.
• Transferring Claims Between Adjusters: This can cause confusion and further delay the process.

Denial Tactics:

• Denying Coverage: Insurance companies may try to deny coverage by citing policy exclusions or claiming the incident doesn’t meet the policy’s terms.
• Challenging the Extent of Damages: They may dispute the severity of injuries or property damage, aiming to reduce the payout.
• Questioning Liability: Insurance companies may challenge who is at fault for an accident, even if it seems clear-cut.

Lowballing Offers:

• Initial Low Offers: Insurance companies often make low initial settlement offers, hoping to take advantage of policyholders who may be unaware of their rights or the true value of their claim.
• Pressuring for Quick Settlements: They may use tactics like deadlines or threats of litigation to pressure policyholders into accepting low offers.

Surveillance and Investigation:

• Hiring Private Investigators: Insurance companies may hire private investigators to monitor claimants’ activities, looking for inconsistencies that could be used to deny or reduce a claim.
• Social Media Monitoring: They may review social media profiles to gather information that could be used against a claimant.

In Louisiana, you must immediately report a car accident to the local police department or sheriff’s office if it results in:

• Injury
• Death
• Property damage over $500

The term “immediately” is not strictly defined, but it generally means as soon as possible. Calling the police while still at the scene of the accident is typically considered immediate.

Even if the accident doesn’t meet the criteria for immediate reporting, it’s still advisable to report it to the police as soon as possible. A police report can be crucial for insurance claims and legal proceedings, even for minor accidents.

If you’re involved in a car accident while renting a car in Louisiana, the liability for the accident generally falls on the driver who caused the crash. This means that the at-fault driver’s insurance company may be responsible for covering the damages.

Your personal auto insurance policy may provide additional coverage for rental car accidents. This coverage can include liability, collision, and comprehensive coverage. However, it’s important to review your policy to understand the specific terms and limits.

A car accident lawyer can help you in several ways:

• Investigate the Accident: Gather evidence and determine liability.
• Deal with Insurance Companies: Negotiate with insurance companies to obtain fair compensation.
• File a Lawsuit: If necessary, file a lawsuit to recover damages.
• Represent You in Court: Advocate for your rights in court.

If you’ve been injured in a rental car accident in Louisiana, it’s important to seek legal advice to protect your rights and maximize your recovery.

Being involved in an accident with an emergency vehicle, especially an ambulance, can be a traumatic experience. Here’s what you should do:

1. Prioritize Safety:

• Check for Injuries: Assess yourself and any passengers for injuries. If anyone is seriously hurt, call emergency services immediately.
• Move to a Safe Location: If possible, move your vehicle and yourself to a safe location away from traffic.

2. Document the Incident:

• Gather Information: Exchange information with the ambulance driver, including their name, badge number, and insurance information.
• Take Photos: Capture images of the damage to both vehicles, the accident scene, and any visible injuries.
• Get Witness Statements: If there are any witnesses, ask for their contact information.

3. Seek Medical Attention:

• Visit a Doctor: Even if you think your injuries are minor, it’s crucial to see a doctor. Some injuries may not be immediately apparent.

4. Contact Your Insurance Company:

• Report the Accident: Notify your insurance company promptly and provide them with all the necessary details.

5. Consider Legal Action:

• Consult an Attorney: If you’ve suffered significant injuries or property damage, consult with an attorney who specializes in personal injury cases involving government vehicles.

Yes, you can potentially recover damages for pain and suffering in an ambulance accident case in Louisiana. Louisiana law allows for the recovery of both economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering) in personal injury cases.

However, it’s important to note that proving liability and damages in an ambulance accident case can be complex. You may need to consult with an experienced accident attorney to understand your specific legal rights and options.

Call 9-1-1 immediately if you or anyone else has been injured or if one or more cars cannot be safely moved from oncoming traffic.

Louisiana law also requires you to report an accident to local police if there are any injuries or at least $500 in vehicle damage resulting from the crash. In addition, some insurance policies require policyholders to notify the police any time they are involved in a crash.

When possible, it is helpful to use your phone to take photos of the crash scene. That includes documenting any damage to your vehicle and others, paint from other vehicles on your car, the surrounding area, traffic signs and lights where the accident happened, and further details.

Make sure you exchange information with the other party (in case the police do not give their information to you).

Anyone injured in a crash in Louisiana has the right to seek compensation from those responsible for the collision, whether it was a rear-end, T-bone, or sideswipe accident. If you were injured in a wreck, you might attempt to get compensation from the negligent driver (and their insurer) or the driver’s employer if the accident involved a commercial vehicle, for example.

In certain situations, you may have the option to seek compensation from your own insurer. Uninsured and underinsured motorist coverage is designed to kick in for policyholders involved in an accident caused by a driver who has no or insufficient coverage for bodily injury and property damage caused by a collision. The law prohibits these insurers from raising your premiums simply because you make an uninsured or underinsured motorist claim. The decision of whether you wish to exercise this option is up to you.

You must understand that insurance companies typically go to great lengths to minimize or avoid payouts. Many skilled insurance adjusters are bonused or otherwise incentivized to save their employers money, even if it means getting you less than what you are owed. The insurance company is not concerned with your well-being and will not act in your best interest. That is why it is essential to have a seasoned legal advocate in your corner.

At Chris Corzo Injury Attorneys, we don’t charge hourly rates or any fees at all upfront. Instead, we are paid on a “contingency fee” basis. This means that we only get paid if we win your case. This is an ideal arrangement for individuals injured by no fault of their own. It allows injured people to gain access to a quality attorney they might not have otherwise been able to afford.

In car wrecks or big truck accidents, the injured victim is usually up against a sophisticated insurance company that uses cut-throat tactics to save money at your expense. The contingency-fee structure at Chris Corzo Injury Attorneys levels the playing field. It gives you access to a firm that has the skills, knowledge, experience, resources and expertise to cut them down to size and help get you back on top.

If you or a loved one were injured in a wreck, contact Chris Corzo Injury Attorneys today for a free, no-risk case evaluation. You can’t and shouldn’t have to fight this battle alone. We don’t settle for less and neither should you!