According to the Insurance Information Institute (III), head-on collisions account for approximately 10% of all fatal crashes. A head-on collision is often a result of negligence on either of the parties involved in the accident. The injured party should receive compensation for injuries sustained during the accident.
However, winning a personal injury claim after a head-on collision accident can be difficult. The liable party’s insurance company may be reluctant to compensate you for the full amount of your injuries. After a head-on collision accident, one of the main things you should avoid is speaking with the insurance company without legal representation.
At first, the insurance company will seem genuinely concerned about your well-being and may even make you an offer. However, you should not accept such an offer as there are many factors at play after a head-on collision accident, and you may incur extra costs due to the accident. The best thing you can do is pursue help from an Abbeville head-on collision lawyer.
The lawyer will ensure that the facts of the accidents are not used against you by the liable party’s insurance company. A lawyer will also negotiate a better settlement offer based on the economic and non-economic damages you have suffered due to the accident. If you have lost a spouse or a relative in a head-on collision accident, the lawyer will help you file a wrongful death lawsuit.
When the liable party’s insurance company is refusing to meet your claim, you can file a personal injury claim in court. Give Laborde Earles Injury Lawyers a call today at (337) 777-7777 to receive a free case evaluation with one of our representatives.
How to Prove That the Other Party Was Negligent in a Head-On Collision
Proving that the other party was negligent is key to winning your personal injury claim. In almost all cases, the liable party’s insurance company will try to show that you were liable for the accident.
You must prove that the other party was negligent by considering the following elements:
- Duty of care
- Breach of duty
- Cause of fact
- Damages from the accident
Every driver has a duty of care to ensure that their conduct does not cause an unreasonable risk of harm to other road users. To prove that the driver was negligent, you must show how they breached this duty by not taking reasonable steps to avoid causing you harm. For instance, if the car had defective brakes, you can use this to show that the manufacturer is liable for the accident.
If the other party did not notify of any hazards that they knew of also shows negligence. The cause of fact means that the other party’s breach of duty directly resulted in the accident. For instance, if the car had defective breaks, but the accident was due to driving while under the influence, the car manufacturer may not be liable.
You can prove that the other party was negligent by presenting evidence showing that your injuries are due to the accident. You can do this by presenting medical records of your injuries. You can also call on witnesses who were at the scene of the accident.
Proving who is the negligent party is not that simple. It helps to have an Abbeville head-on collision lawyer to evaluate your case, gather evidence, and conduct an investigation. The lawyer will also help you pursue a personal injury claim against multiple parties. This will increase the chances of getting a bigger compensation.
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Factors Affecting Compensation in a Personal Injury Claim in Louisiana
The court will evaluate various factors when determining the amount of compensation you will receive after a head-on collision.
Some of the factors include:
- Whether you had insurance at the time of the accident
- Your percentage of fault in the accident
- The severity of your injuries
- The current and future costs you might incur due to the accident
- Cost of property damaged in the accident
If you did not have insurance at the time of the accident, you will not receive as much compensation. This is because Louisiana follows the “No Pay, No Play” rule, which bars an uninsured injured party from the first $15,000 for bodily injury and $25,000 for property damages.
The comparative negligence principle in Louisiana entitles the injured party to compensation even if they are partly at fault for the accident. The amount of compensation will reduce by the percentage of fault. The more severe the injuries, the more compensation you can receive. This is because the court will take into account how the injury has affected your quality of life.
The valuation of the compensation amount will include current and future costs that you will incur due to the accident. If you require a wheelchair, physical therapy, and long-term treatment, the amount of compensation will increase. The amount will also include the cost of property damaged in the accident.
Getting the damages you rightly deserve is not straightforward. With an Abbeville head-on collision lawyer, however, you can get help with receiving justice. A lawyer can prove that you deserve all the economic and non-economic damages you incurred due to the accident. Reach out to Laborde Earles Injury Lawyers today at (337) 777-7777.
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Your Limited Time to File a Personal Injury Claim in Louisiana
You have one year to file your personal injury claim after a head-on collision accident in Louisiana. This is according to Louisiana Civil Code (CC) Art. 3492, which sets the statute of limitations on personal injury cases one year after the date of the accident. However, certain exceptions can allow you to file your case after one year. These exceptions include discovering new evidence and if the injured party is below the age of 18.
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We Invite You to Call Us Today
Having legal representation can enhance your chances of getting compensated. Get connected with an Abbeville head-on collision lawyer from Laborde Earles Injury Lawyers by calling (337) 777-7777. A representative will listen to your story and evaluate your case for free.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
