I was involved in the car accident on Christmas 2016 at 11 AM driver was found at fault according to the police report. But she was not cited because of her race white and I'm African American. My wife's in the hospital at that time during a miscarriage. Now we have to suffer and she cost us $15,000 for a new loan for vehicle and we was $4000 left for the other vehicle that was totaled. Her Facebook pictures shows that she was drinking of her holding a beer bottle in her hand and i suspected of her drinking before the accident. I did download a copy of the pictures for any legal actions that need to take.
You need to hire a lawyer. Then that lawyer can contact the other driver's insurance company and attempt to obtain an out of court settlement. If that fails, then they can file a lawsuit for you. Have the names of any medical providers you saw as a result of the accident available when you call the lawyer. It would be good to give them a copy of the police report as well. In Louisiana you have one year from the date of the accident to file suit - so don't delay.
This "Answer" does not create an attorney-client relationship. I am NOT your attorney. Also, my law firm has NOT been engaged to represent you in any capacity. The response is in the form of legal education and is ONLY intended to provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. If you are unclear about this or any of the content in this "Answer", I would encourage you to seek the advice of legal counsel.
I recommend that you contact an attorney experienced in handling claims like yours; a personal injury attorney.
You should definitely look into hiring a New Orleans-based personal injury attorney that handles car accidents, regularly. The fact that the other driver wasn't ticketed isn't going to be an issue for your lawyer, so don't worry about that. Depending on what her insurance policy limits are, it sounds like you have the makings of a quality case.
Hire an attorney before Christmas 2017. Print the pictures you downloaded. Take pictures of the damage to the car. Did you go to the doctor? If you did, call a personal injury attorney. If you did not go to the doctor, file a claim with her insurance company for your property damage.
Her insurance company should pay for the value of your vehicle, Did you file a claim with her insurance company? Were the pictures of her drinking on the same day of the accident not long before the accident took place? Did the police conduct a sobriety test? And if there were injuries, you can make a claim for any injuries also. There are many questions that would need to be answered, but you can contact a Louisiana personal injury attorney to help you sort it all out. Almost all of us will give a free consultation for a case such as this. I am also sorry for the loss of your unborn child.
First and foremost, my condolences for your loss. Second, you need to hire an experienced personal injury attorney to represent you and your wife. While none of us personal injury attorneys can undo what this other driver did you, we can make sure that you are adequately and fairly compensated for your losses. Good luck with everything.
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