Frequently Asked Questions

Chip Forstall Has the Answers

After an accident, you’ll have a whirlwind of questions. Let us answer some here, or call us at 504-483-3400.

Getting Started

When should I contact a lawyer?

After an accident, you should contact a personal injury attorney as soon as possible. It is critical to promptly preserve evidence and begin preparing your claim to ensure that you secure maximum compensation for your accident case. Waiting too long after an accident to speak with an attorney can be detrimental to your case and financial recovery.Read the answer

After an accident, you should contact a personal injury attorney as soon as possible. It is critical to promptly preserve evidence and begin preparing your claim to ensure that you secure maximum compensation for your accident case. Waiting too long after an accident to speak with an attorney can be detrimental to your case and financial recovery.

In Louisiana, it’s important to be aware of the statute of limitations when filing a lawsuit after an accident. In almost all personal injury claims in Louisiana, the statute of limitations is two years from the date of the injury. Failing to file your lawsuit within this period may prevent you from getting compensated.

The sooner you contact our office, the sooner we can start working for you, preserving the evidence, and building the strongest case possible against the insurance company. That’s why it is crucial to act fast to protect your rights and call our experienced staff immediately after an injury.

Getting Started

What happens at the initial consultation?

The two most important things we decide at a consultation are:Read the answer

The two most important things we decide at a consultation are:

  • If you have a case
  • If we can help you

During the consultation, we will cover important details such as the accident itself, the nature of your injury, the insurance carriers involved, the police investigation/report, and other evidence that could help your case, such as a surveillance cameras and witnesses. These factors will help us gather the necessary information to build the strongest case possible to ensure maximum recovery for your injuries.

Getting Started

Do I really need a lawyer for my injury?

If your injuries are minor and the insurance company is treating you fairly, you may not need one. But if you are seriously hurt, if the insurer is delaying or disputing your claim, or if you are being offered far less than your medical bills, an experienced attorney often recovers much more than you would get on your own, even after fees.Read the answer

If your injuries are minor and the insurance company is treating you fairly, you may not need one. But if you are seriously hurt, if the insurer is delaying or disputing your claim, or if you are being offered far less than your medical bills, an experienced attorney often recovers much more than you would get on your own, even after fees.

Insurance companies have adjusters and lawyers working to pay you as little as possible. Having someone on your side who knows Louisiana law levels the playing field. The consultation is free, so it costs you nothing to find out whether you need us.

Right After a Crash

What should I do right after a car accident?

First, get to safety and check on anyone who is hurt. Then, if you are able: call the police so there is an official report, take photos of the vehicles, the scene, and your injuries, get the other driver's insurance and contact information, and gather the names of any witnesses.Read the answer

First, get to safety and check on anyone who is hurt. Then, if you are able: call the police so there is an official report, take photos of the vehicles, the scene, and your injuries, get the other driver's insurance and contact information, and gather the names of any witnesses.

Most important, see a doctor even if you feel fine, because some injuries do not show up for hours or days. Do not admit fault and do not give a recorded statement to the other driver's insurance company before speaking with an attorney. When you are ready, call us and we will take it from there.

Right After a Crash

Should I talk to the insurance company before calling a lawyer?

You can report the accident to your own insurance company, but be careful with the other driver's insurer. Their adjuster may sound friendly, but their job is to reduce or deny your claim. A recorded statement, a quick settlement offer, or an offhand comment about how you feel can all be used to pay you less later.Read the answer

You can report the accident to your own insurance company, but be careful with the other driver's insurer. Their adjuster may sound friendly, but their job is to reduce or deny your claim. A recorded statement, a quick settlement offer, or an offhand comment about how you feel can all be used to pay you less later.

Before you sign anything or give a recorded statement, talk to us first. We will handle the insurance company for you so you do not have to worry about saying the wrong thing.

Right After a Crash

What if the other driver was uninsured or left the scene?

You may still have a path to compensation. If the at-fault driver had no insurance, fled the scene, or did not carry enough coverage to pay for your injuries, your own uninsured or underinsured motorist coverage may step in to help. Many people do not realize they have this protection on their own policy.Read the answer

You may still have a path to compensation. If the at-fault driver had no insurance, fled the scene, or did not carry enough coverage to pay for your injuries, your own uninsured or underinsured motorist coverage may step in to help. Many people do not realize they have this protection on their own policy.

These claims can be complicated, and your own insurer may not volunteer what you are owed. We will review your coverage, identify every source of recovery, and pursue what you are entitled to.

Your Case and Its Value

How much is my case worth?

Every case is different, so there is no single number that fits every accident. The value of your claim depends on things like the severity of your injuries, your medical bills, the income you lost while you could not work, the long-term impact on your life, and the insurance coverage available. Be very careful of anyone who promises you a specific dollar amount before reviewing the facts of your case.Read the answer

Every case is different, so there is no single number that fits every accident. The value of your claim depends on things like the severity of your injuries, your medical bills, the income you lost while you could not work, the long-term impact on your life, and the insurance coverage available. Be very careful of anyone who promises you a specific dollar amount before reviewing the facts of your case.

What we can promise is this: we work to document every part of your losses so nothing is left on the table, and we do not let the insurance company decide what your recovery is worth. Call us and we will give you an honest assessment of what your case may involve, at no charge.

Your Case and Its Value

Who pays my medical bills while my case is pending?

This is one of the biggest worries our clients have, and we help you manage it. Depending on your situation, your medical care may be covered through your own health insurance, medical payments coverage on your auto policy, or arrangements with providers who agree to wait for payment until your case resolves.Read the answer

This is one of the biggest worries our clients have, and we help you manage it. Depending on your situation, your medical care may be covered through your own health insurance, medical payments coverage on your auto policy, or arrangements with providers who agree to wait for payment until your case resolves.

The goal is to make sure you can get the treatment you need now, with the costs accounted for in your final settlement. When you call, we will walk through your options so you are not left choosing between your health and your finances.

Your Case and Its Value

What if the accident was partly my fault?

You may still be able to recover. Louisiana applies a modified 51% bar rule. If a plaintiff is found to be 51% or more at fault, they are legally barred from recovering any damages. If their fault is 50% or less, they can still recover damages, reduced by their exact share of the blame. Do not assume you have no case just because you think you may have made a mistake.Read the answer

You may still be able to recover. Louisiana applies a modified 51% bar rule. If a plaintiff is found to be 51% or more at fault, they are legally barred from recovering any damages. If their fault is 50% or less, they can still recover damages, reduced by their exact share of the blame. Do not assume you have no case just because you think you may have made a mistake.

Insurance companies often try to shift more blame onto you than you deserve, which is exactly why it helps to have an attorney investigate what really happened. Let us review the facts before you accept anyone's version of who was at fault.

Cost and Fees

How much does hiring a lawyer cost?

At The Law Offices of Chip Forstall, you pay us nothing unless and until we get you paid. We represent clients on a contingency fee basis, which means we charge a percentage of what we collect for you. Finances are often tight after an accident, especially if you have significant medical bills and lost income due to your injuries. We take the financial risk of litigation off of our clients so they can focus on getting better. If we don’t win your case, you don’t pay us anything.Read the answer

At The Law Offices of Chip Forstall, you pay us nothing unless and until we get you paid. We represent clients on a contingency fee basis, which means we charge a percentage of what we collect for you. Finances are often tight after an accident, especially if you have significant medical bills and lost income due to your injuries. We take the financial risk of litigation off of our clients so they can focus on getting better. If we don’t win your case, you don’t pay us anything.

Cost and Fees

What happens if I don't win my case?

You owe us nothing. We take injury cases on a contingency fee basis, which means our fee is a percentage of what we recover for you. If we do not win your case, you do not pay us an attorney fee. We take on the financial risk so you can focus on healing instead of worrying about legal bills.Read the answer

You owe us nothing. We take injury cases on a contingency fee basis, which means our fee is a percentage of what we recover for you. If we do not win your case, you do not pay us an attorney fee. We take on the financial risk so you can focus on healing instead of worrying about legal bills.

Timing and Process

How long do I have to file a claim in Louisiana?

Louisiana has a strict deadline for filing an injury claim. For most injury claims that deadline is two years from the date of the accident, and for medical malpractice it is one year. If you miss the deadline that applies to your case, you can lose your right to recover anything at all.Read the answer

Louisiana has a strict deadline for filing an injury claim. For most injury claims that deadline is two years from the date of the accident, and for medical malpractice it is one year. If you miss the deadline that applies to your case, you can lose your right to recover anything at all.

Because the exact deadline depends on the details of what happened and when, the safest step is to call us right away so we can confirm the time limit for your specific situation and protect your claim before it expires.

Timing and Process

How long will my case take to resolve?

It depends on the case. Some claims settle in a few months, while others, especially those involving serious injuries or disputed fault, can take a year or more. A big factor is your medical treatment: it is usually best to understand the full extent of your injuries before settling, so you are not left paying for future care out of your own pocket.Read the answer

It depends on the case. Some claims settle in a few months, while others, especially those involving serious injuries or disputed fault, can take a year or more. A big factor is your medical treatment: it is usually best to understand the full extent of your injuries before settling, so you are not left paying for future care out of your own pocket.

We push your case forward as quickly as possible without sacrificing the value of your claim, and we keep you updated every step of the way so you are never left wondering where things stand.

Timing and Process

Do I have to go to court?

Most injury cases settle without ever going to trial. In many situations we are able to negotiate a fair settlement with the insurance company, which means you may never see the inside of a courtroom.Read the answer

Most injury cases settle without ever going to trial. In many situations we are able to negotiate a fair settlement with the insurance company, which means you may never see the inside of a courtroom.

That said, if the insurer refuses to treat you fairly, we are fully prepared to file suit and take your case to trial. Insurance companies know which firms are willing to go the distance, and that reputation often leads to better settlements for our clients.

Working With Us

Will I work directly with an attorney, or get passed around?

We are a family firm, and we treat our clients like family. When you hire us, you work with our attorneys and staff directly, and you will always reach someone who knows your name and your case. You are not a file number here.Read the answer

We are a family firm, and we treat our clients like family. When you hire us, you work with our attorneys and staff directly, and you will always reach someone who knows your name and your case. You are not a file number here.

That personal attention is the heart of the Forstall Family Standard, and it is the reason so many of our clients come back to us and send us their friends and relatives.

Working With Us

What types of injury cases does your firm handle?

We help injured people and their families across New Orleans with a wide range of personal injury matters, including car, truck, motorcycle, bicycle, pedestrian, rideshare, and streetcar accidents, as well as slip and fall and premises liability claims, maritime injuries, hurricane damage claims, catastrophic injury, and wrongful death.Read the answer

We help injured people and their families across New Orleans with a wide range of personal injury matters, including car, truck, motorcycle, bicycle, pedestrian, rideshare, and streetcar accidents, as well as slip and fall and premises liability claims, maritime injuries, hurricane damage claims, catastrophic injury, and wrongful death.

If you are not sure whether your situation fits, just ask. We will tell you honestly whether we can help, and if it is not something we handle, we will do our best to point you in the right direction.

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