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    Car Accident Attorney in Lafayette

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    Get the car accident injury settlement you’re owed.

    We'll fight the goliaths for you.

    A car wreck can change your life in seconds. One moment you're driving down Johnston Street or merging onto I-10, and the next you're dealing with pain, a totaled vehicle, missed work, and an insurance adjuster who wants to settle before you even know how badly you're hurt.

    The Lafayette car accident lawyers at Brandt & Sherman have spent more than 50 years combined fighting legal Goliaths — the insurance companies and their defense teams — on behalf of injured people across Acadiana. We've recovered millions for Louisiana families, and we work directly with you from day one. You'll never pay a fee unless we win.

    If you or someone you love was hurt in a crash in Lafayette or anywhere in Louisiana, call (337) 800-4000 for a free consultation.

    How Long Do You Have to File a Car Accident Lawsuit in Louisiana?

    For crashes that happened on or after July 1, 2024, you generally have two years from the date of the accident to file a lawsuit (La. Civ. Code art. 3493.1). Older crashes are governed by the previous one-year deadline.

    Two years sounds like plenty of time, but evidence disappears fast — vehicles get repaired, camera footage gets erased, and witnesses' memories fade. The sooner we start, the stronger your case. And if a crash proves fatal, wrongful death claims follow their own timing rules — since August 2025, generally one year from the death or two years from the injury, whichever is longer (La. Civ. Code art. 2315.2). Don't guess at deadlines; let us calculate yours.

    Louisiana Car Accident Laws Changed — Here's What It Means for Your Claim

    Louisiana rewrote major parts of its injury laws in 2024 and 2025. If you're relying on advice from a few years ago (or an old blog post), it may now be wrong. Three changes matter most:

    • The filing deadline doubled. Most car accident victims now have two years, not one, to bring a claim.
    • Fault rules got stricter. Louisiana uses comparative fault (La. Civ. Code art. 2323) — your recovery is reduced by your percentage of blame. For accidents on or after January 1, 2026, the rules changed again: a victim found 51% or more at fault recovers nothing. Crashes before that date remain under the older pure comparative fault rule. Either way, the fault investigation is now the single most important fight in your case — and insurers know it.
    • "No Pay, No Play" penalties increased sharply. If you were driving without insurance when someone else hit you, Louisiana law (La. R.S. 32:866) now blocks you from recovering the first $100,000 of your bodily injury damages — up from $15,000 before August 2025 — and the property damage threshold rose as well. There are exceptions (for example, when the at-fault driver is convicted of DWI, fled the scene, or hit your legally parked car), and we can evaluate whether one applies to you.

    What Should You Do After a Car Accident in Lafayette?

    What you do in the first hours and days protects both your health and your claim:

    1. Call 911 and report the crash. Tell the officer the truth, but don't apologize or guess about fault.
    2. Photograph everything — vehicle damage, license plates, insurance cards, the roadway, traffic signals, and your visible injuries.
    3. Get checked by a doctor, even if you feel okay. Adrenaline masks injuries, and gaps in treatment are the first thing adjusters use against you.
    4. Don't give a recorded statement to the other driver's insurer, and don't accept a quick check.
    5. Call a lawyer early. The insurance company starts building its defense the day of the crash. So should you.

    For a deeper walkthrough, see our guide on what to do after a car accident in Louisiana.

    Common Causes of Car Accidents We See in Acadiana

    Who Pays for Your Injuries?

    Louisiana drivers are only required to carry 15/30/25 liability coverage — $15,000 per injured person, $30,000 per accident, and $25,000 for property damage. Serious injuries blow past those limits quickly, and roughly one in ten Louisiana drivers carries no insurance at all.

    That's why we look at every available source of recovery: the at-fault driver's policy, your own uninsured/underinsured motorist (UM) coverage, umbrella policies, and — when a commercial vehicle or rideshare is involved — the much larger commercial policies behind them. If you're wondering who covers your treatment in the meantime, we've explained it here: who pays medical bills after a car accident in Louisiana.

    What Compensation Can You Recover?

    • All accident-related medical care, now and in the future
    • Lost wages and diminished earning capacity
    • Pain, suffering, and emotional distress
    • Vehicle damage and rental costs
    • Disability and loss of enjoyment of life
    • In fatal crashes, wrongful death damages for the family

    Why Lafayette Drivers Choose Brandt & Sherman

    We're not a billboard firm that signs you up and hands your file to a case manager. When you hire Brandt & Sherman, you work with our attorneys — Charles Brandt, Kyle Sherman, and Bobby Brandt — who have recovered results including $3,500,000 for a couple hit by a company pickup and $1,550,000 for a client struck by a big rig.

    We know Lafayette's roads, courts, and juries, and we prepare every case as if it's going to trial. That preparation is exactly what gets insurance companies to pay full value.

    Results may vary depending on your particular facts and legal circumstances.

    Car Accident Lawyer Q&A

    Call 911 to report the accident immediately. Before moving the vehicles take photographs. As many as you can. Don’t be shy about photographing the other person’s vehicle. If you are on an interstate, or other restrictive highway, you may have to move your vehicle out of the travel lane, if possible. Get your driver’s license, car registration, insurance card, and any other document you may need ready to give to the police. Do not apologize or accept any responsibility for the accident. Just the tell the officer the truth about how the accident happened. Don’t apologize to the other driver that you were in the accident with. Exchange insurance information with the other driver. If possible, ask the other driver if you may photograph their insurance information and driver’s license.

    Yes. It is always a good idea to get legal advice from a trained, professional car accident lawyer. At Brandt & Sherman, we have years of experience handling car wrecks.

    There’s no requirement that you file a lawsuit. You can, hopefully, settle you claim with the insurance company for the party at fault without having to file a lawsuit. However, in Louisiana, you only have one (2) years from the date of the accident to file a lawsuit if your case has not settled. If you fail to file, the lawsuit within the one-year period then you lose all your rights against the party at fault. There are a few exceptions to this rule and if you have hired a competent auto accident attorney, they can give you advise on this. At Brandt & Sherman, we can guide you regarding filing a lawsuit.

    This depends upon the facts of your case and can change from case to case. In some instances, it is better to settle your case and, in some instances, it is better to file a lawsuit. Sometimes the insurance company for the party at fault does not give you that option and because they are being unfair you may have no other choice than to file a lawsuit. At Brandt & Sherman, we can help you decide what is best for you.

    Louisiana is a comparative negligence state. The courts will compare the fault of the parties involved and make a determination of how much fault is yours and how much fault is on the other party or parties. If for instance, your injuries are worth $10,000.00 and you are determined to be 50% at fault you will recover $5,000.00 or 50% of your monetary injuries. At Brandt & Sherman we can present your case to the insurance company or court to maximize your recovery.

    Assuming you are not totally at fault in causing the accident you can recover for the damage done to your vehicle, the cost of repairing or replacing your vehicle, the rental expense incurred while your car is not drivable, and your medical bills. In addition, there is a type of damage called General Damage which consists of your pain and suffering, your mental anguish, your disability, and loss of enjoyment of life. You may also recover the money you lost from not being able to work during the period of your recovery from the accident. On occasion, your vehicle, after it has been repaired, is now worth less than it was before due to it having been wrecked. A diminution of value claim is possible. At Brandt & Sherman we can present these damages to the insurance company in the best light for you.

    This is an extremely difficult question to answer at the beginning of an injury case. Some people recover from their injuries within a few weeks and some people suffer for years, and some people never recover at all. Until you have an adequate amount of medical care it is hard to place a value on any personal injury case. A competent personal injury attorney will be able to give you advice on the value of your case and your injuries. At Brandt & Sherman we will constantly monitor your case in order to maximize your recovery.

    Louisiana is one of the states that requires you to have liability insurance on the vehicle you were driving at the time of the accident. If you are uninsured at the time of your accident, then you will be penalized by a law that is referred to as “no pay/no play.” This law requires you to give up or forfeit the first $15,000.00 of your damages for bodily injuries, and $25,000.00 in damages to your vehicle. Doing the math on this if your bodily injury or personal injury case is worth $30,000.00, you can collect $15,000.00 from the other insurance policy because you forfeit the first $15,000.00.

    The same applies to the damage to your vehicle. If you have $30,000.00 in damage to your vehicle, you are penalized $25,000.00 and can only collect $5,000.00 from the party at fault. There are some exceptions to this rule such as if you are hit by a driver who was intoxicated. They do not get the benefit of the “no pay/no play” law. There are other exceptions. You would need to speak with an experienced personal injury lawyer to determine those exceptions. At Brandt & Sherman we have the expertise to tell you how “no pay/no play” will affect your case.

    Absolutely not!!! From the moment you start speaking with them they will be keeping a record of what you say. If at all possible, they will use your conversation against you later. Many people do not realize that they are injured until the day after an accident or sometimes even days after the accident. One of the first questions they will ask you is “how are you doing” and a polite human being you are going say “fine.” This will eventually be used against you. You may also not feel any pain in first few days after the accident and when you report that to the insurance company, they will use that against you as well. At Brandt & Sherman we will be your voice, so you do not have to worry about making a mistake speaking to the insurance company.

    You should have your driver’s license, proof of auto insurance, medical insurance card(s), any medical records or bills that hospital may have provided you with and, if you already have one, the accident report. Sometimes the accident report may not be ready for 7 to 10 days after an accident. It is good to consult with an attorney despite the fact you do not have an accident report and the attorney can get one for you. The sooner you get to a competent car accident lawyer the sooner you will start protecting your rights. At Brandt & Sherman we start protecting your rights from the first day we are hired.

    An experienced car accident attorney can be your voice for all questions that need to be answered. Often the insurance company for the at fault driver will give you misleading information on what your case is worth and make an offer to settle your case immediately. It is much better to have an attorney you can consult with to determine what your case is worth and whether you should settle the case or not. At Brandt & Sherman we have years and years of experience handling motor vehicle accidents. We can guide you and be your voice.

    The answer that question is no! Insurance companies are in business to make a profit. The more they take in from premiums and the less they pay out to injured persons the more money they have to keep in their own pocket. They have no motivation to treat you fairly. There are enough stories of insurance companies taking advantage of people that you could fill a whole library.

    Most personal injury cases are handled on the basis of a contingency. What contingency means is if you do not get a recovery, you do not owe a fee to the attorney. The standard fee in Louisiana and many other states is 1/3 of the total recovery goes to the lawyer. That’s 33%. If the lawyer collects nothing for you then he gets nothing. Some law firms will charge 35%, some charge 40%, some charge 42%. This is something you should have explained to you by the lawyer on the first day you speak with him or her. Get this agreement in writing. A professional personal injury lawyer will give you a copy of the contract that you sign on the day you leave his/her office after meeting with him/or her.

    Most of the time a professional personal injury law firm, like Brandt & Sherman, will pay up front your expenses so that you will not have money come out of you own pocket. The Louisiana Supreme Court has given lawyers rules to follow in regard to advances and loans to clients and we closely follow those rules.

    There are many ways that your medical expenses can be covered. Some injured persons have medical payments coverage on their own auto insurance policy. Others have health insurance, Medicare, Medicaid, or some other form of medical reimbursement. A competent personal injury firm will help you explore those options and, under certain circumstances, will front you the money to pay for medical expenses not otherwise covered. At Brandt & Sherman we will discuss your options with you to determine what is best for your particular case.

    You can use any doctor that you want! The choice is yours. If you don’t know what doctor to see we will give you the option of a number of different doctors who treat your particular issue and injury. We will describe to you the expertise of the doctors that are willing to treat a motor vehicle accident (some doctors do not) and allow you to choose which doctor you would like to see. The choice is always yours.

    You may visit the Brandt & Sherman website and send us a message requesting an appointment. Someone will call you back with that appointment. You may also call 337-800-4000 and one of our intake specialists will take down all the information about your accident and schedule an appointment to see a car accident attorney.

    Unlike most of those billboard lawyers you usually see, the ones every 100 yards along the highway, if you hire Brandt & Sherman you will meet with one of our lawyers who will personally interview you and follow your case from beginning to end. We will be with you every step of the way. That is not to say we do not use paralegals and assistants to move your case along, but you will always have contact with your lawyer. We work as a team and sometimes you will have 2 or 3 car accident lawyers working on your case to make sure that you get the settlement or recovery you deserve.

    Understanding Liability in a Car Crash Caused by Another Driver

    If another driver's actions lead to your car accident, determining who is responsible for the financial damages becomes crucial. Typically, the liability rests with the driver whose negligent behavior triggered the crash.

    Why Multi-Vehicle Collisions Are Complex

    In accidents involving multiple vehicles, untangling who is at fault is often challenging. It requires establishing proof, assigning liability, and sometimes battling for financial compensation. Seeking guidance from a personal injury lawyer, who understands the nuances of state-specific laws, can help clarify your rights and duties.

    What Is Comparative Fault?

    Understanding comparative fault is essential in multi-car crashes. Each state interprets this differently, and it's crucial to know how these laws affect your case.

    How Comparative Fault Works

    In Louisiana, for example, the comparative fault rule reduces your compensation based on your level of responsibility for the accident. Say you're found 20% at fault; you'd receive 80% of your total damages. A knowledgeable attorney can assist in clearly defining the negligent parties and advocate for you to get the compensation you deserve. Navigating post-accident legalities may seem daunting, but with the right help, you can sort out liability and pursue fair financial recovery effectively.

    How Long Does a Car Accident Claim Take to Settle?

    Determining the exact duration for a car accident claim to settle can be tricky. It's highly dependent on various factors that revolve around your willingness to accept or reject a financial offer, rather than solely relying on your attorney's input.

    Factors Influencing the Settlement Timeline

    1. Establishing Liability: The time it takes to clearly establish who was at fault in the accident can vary. This may involve gathering evidence, witness testimonies, and police reports.

    2. Calculating Expenses and Losses: Accurately assessing your medical expenses, lost wages, property damage, and other related costs is essential for negotiating a fair settlement.

    3. Evaluating Offers: You must decide when an offer is satisfactory. Rushed settlements may seem appealing, but they often do not cover unforeseen expenses.

    4. Extent of Injury: Before entering into a settlement, a clear understanding of the extent of the injury and what medical treatment will be required in the future. If an immediate surgery is required, the claimant should not enter into a settlement until it is determined if the surgery is successful and/ or if additional treatment will be required before resolving the case.

    The Role of Patience

    While a fast settlement might seem attractive, it could result in accepting less compensation than you deserve. It's crucial to carefully evaluate any offers, especially those from insurance companies. A rush to settle may leave you shouldering additional costs down the line.

    Legal Guidance

    Your lawyer serves as a vital resource during negotiations. They can help calculate a suitable compensation amount and provide a realistic picture of what your claim is worth, aiding you in making informed decisions at each step.

    Ultimately, while each case is unique, knowing these aspects can prepare you better for the timeline ahead and help ensure a fair outcome.

    Can I File a Car Accident Injury Claim for My Child?

    Absolutely, you can file a car accident injury claim on behalf of your child. As a parent or legal guardian, you're responsible for seeking the compensation your child is entitled to, just as any adult in a similar situation would.

    Children cannot represent themselves legally, so it falls on you to ensure their rights are protected, often with the help of an attorney. Here's how you can proceed:

    1. Consult with a Lawyer: A personal injury attorney who specializes in car accident claims can guide you through the process and advocate on your child's behalf.

    2. Gather Evidence: Collect all relevant documentation, such as medical records, accident reports, and any witness statements to support your claim.

    3. Calculate Damages: Work with your attorney to assess the full extent of your child's injuries and their impact, both immediate and long-term. This calculation will factor in medical expenses, emotional trauma, and other relevant damages.

    4. File the Claim: With your lawyer's help, submit the claim to the insurance company or, if necessary, prepare to take the case to court to ensure fair compensation for your child.

    By taking these steps, you help your child receive the restitution they deserve. Remember, professional legal advice is invaluable in these circumstances, ensuring that all aspects of the claim are handled thoroughly and effectively.

    Exploring the Average Car Accident Settlement

    Determining an average settlement amount for a car accident is a complex task, as it hinges on a multitude of variables unique to each case. Understanding these factors can help you gauge potential compensation.

    Key Factors Influencing Settlement Amounts:

    1. Income Loss Due to Injuries: If your injuries prevent you from working, compensation might cover lost wages or decreased earning capacity.

    2. Medical Expenses: Reimbursement typically includes costs for treatments, surgeries, rehabilitation, and any ongoing care required due to accident-related injuries.

    3. Pain and Suffering: This subjective component compensates for the physical pain and emotional distress endured, impacting the settlement figure significantly.

    4. Emotional Distress and Loss of Consortium: Compensation may extend to the emotional toll on you and your family relationships, recognizing the broader impact of the incident.

    Additional Considerations:

    • Vehicle Damages: You may receive funds for repair or replacement of your vehicle. If the vehicle is a total loss, you have the option to seek an independent valuation to avoid settling for the insurer's offer.

    Ultimately, consulting with a legal professional is advisable for an accurate assessment tailored to your specific circumstances. This can help ensure all avenues of compensation are explored.

    If you've been in a car accident, reaching out to a lawyer promptly is crucial. In Louisiana, you have a limited window to take legal action. Here's what you need to know:

    Legal Deadline: The One-Year Rule

    • Statute of Limitations: In Louisiana, an injured party has one year from the accident date to file a lawsuit for bodily injury or property damage. Miss this deadline, and you risk losing your chance to secure compensation.

    Why Act Quickly?

    • Preserve Evidence: Acting early helps your attorney gather vital evidence while it’s still fresh.
    • Prevent Time Constraints: Although many claims settle without lawsuits, being time-barred from legal action could jeopardize your ability to recover losses.

    While you might not need to file a lawsuit immediately, being aware of this time frame is crucial. By contacting an attorney soon after your accident, you ensure your rights and options are fully protected.

    In Louisiana, the law mandates that you must report any car accident to the police if it involves injury, a fatality, or property damage exceeding $500. This is crucial to ensure you comply with state regulations.

    Key Points to Remember:

    • Injury or Fatality: Any accident resulting in personal injury or death must be reported immediately.
    • Property Damage Threshold: If the accident leads to property damage over $500, it's essential to inform law enforcement.
    • Timeliness: Reporting should be done without delay. Failing to promptly report the accident could result in penalties.

    By promptly reporting to the police, you also help safeguard your interests with your insurance company. Lack of proper reporting might lead to complications in your insurance coverage, so it is always best to follow these legal requirements carefully.

    Finding yourself in a car accident without injuries might leave you wondering if involving a lawyer is even necessary. In straightforward cases where injuries aren't present, you might feel confident handling insurance claims for property damage on your own. However, there are several reasons why consulting a lawyer could still be beneficial.

    1. Complex Claims Management: Even if you aren't injured, the claims process can become complicated, especially when negotiating with insurance companies. They might try to minimize the payout on your property damage or any other compensation you might be entitled to.

    2. Hidden Issues: Sometimes, injuries or vehicle damages aren't immediately apparent. A lawyer can advise on the potential long-term implications and ensure you don't overlook anything critical.

    3. Maximizing Compensation: Without legal guidance, you might miss out on certain compensations you're eligible for. A lawyer can help identify all possible claims, such as lost wages if the accident disrupted your work schedule.

    4. Free Consultations: Many law firms offer free consultations, allowing you to explore your options without financial commitments. This means you can gain valuable advice without immediate costs.

    5. Peace of Mind: Consulting a legal professional can provide reassurance that you're making informed decisions throughout the claims process.

    Ultimately, having a discussion with a car accident lawyer can provide you with clarity on the best course of action based on your situation. It all comes down to weighing the potential benefits against the straightforwardness of your particular case.

    Finding yourself in a car accident without injuries might leave you wondering if involving a lawyer is even necessary. In straightforward cases where injuries aren't present, you might feel confident handling insurance claims for property damage on your own. However, there are several reasons why consulting a lawyer could still be beneficial.

    1. Complex Claims Management: Even if you aren't injured, the claims process can become complicated, especially when negotiating with insurance companies. They might try to minimize the payout on your property damage or any other compensation you might be entitled to.

    2. Hidden Issues: Sometimes, injuries or vehicle damages aren't immediately apparent. A lawyer can advise on the potential long-term implications and ensure you don't overlook anything critical.

    3. Maximizing Compensation: Without legal guidance, you might miss out on certain compensations you're eligible for. A lawyer can help identify all possible claims, such as lost wages if the accident disrupted your work schedule.

    4. Free Consultations: Many law firms offer free consultations, allowing you to explore your options without financial commitments. This means you can gain valuable advice without immediate costs.

    5. Peace of Mind: Consulting a legal professional can provide reassurance that you're making informed decisions throughout the claims process.

    Ultimately, having a discussion with a car accident lawyer can provide you with clarity on the best course of action based on your situation. It all comes down to weighing the potential benefits against the straightforwardness of your particular case.

    Additional Resources in Lafayette

    Louisiana Department of Insurance - Auto Insurance Guide: Offers information on auto insurance in Louisiana, including understanding policies, coverage options, and consumer rights.
    Centers for Disease Control and Prevention - Motor Vehicle Safety: Provides information on motor vehicle safety, including research and data on accidents, prevention strategies, and safety tips.
    Louisiana State Bar Association - Public Resources: Offers resources and legal information for the public, including access to legal services and guidance on various legal topics, including personal injury and motor vehicle law.
    Louisiana Highway Safety Commission - This resource offers information on road safety in Louisiana, including initiatives, laws, and programs aimed at reducing traffic accidents and promoting safe driving.

    Recent Case Results

    Big Rig Hits Passenger Car

    Awarded:
    $1,550,000

    Company Pickup Hits Elderly Couple’s SUV

    Awarded:
    $3,500,000

    Pickup Fails to Yield to Passenger Car

    Awarded:
    $913,338

    Rear-Ended by a Car with Failed Brakes

    Awarded:
    $1,100,000

    Faculty Tire Rotation Incurred Incident

    Awarded:
    $610,413

    Loaded Item Falling Out of a Pickup Truck

    Awarded:
    $511,421
    SEE MORE CASE RESULTS

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      111 Mercury St. Lafayette, LA 70503

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