If you suffered injuries in a traffic collision that someone else’s carelessness caused, Louisiana law will allow you to hold that driver accountable through an insurance claim or personal injury civil suit. You may be able to collect money not just to pay past medical expenses and lost wages, but also for future medical expenses, pain and suffering, and other losses.
Calculating the value of a claim and negotiating with insurance adjusters can be challenging and complex. A Baton Rouge car accident lawyer from Laborde Earles Injury Lawyers can fight to help you get the financial recovery you deserve based on the facts of your case. You can contact our law firm today for your free case review and consultation.
Pursuing Damages After a Baton Rouge Traffic Accident
There are two ways a victim may be able to recover compensation for the harm they suffered in a Baton Rouge collision:
- Filing an insurance claim based on the at-fault driver’s liability insurance
- Beginning a personal injury lawsuit against the liable driver and going to trial
The goal of either of these methods is to prove the at-fault party is legally liable for the accident and recover compensation for economic and non-economic damages that could include:
- Medical bills
- Future necessary medical care for accident injuries
- Care and support costs
- Lost income, wages, benefits, and tips
- A diminished ability to work
- Property damages, including car repairs or replacement
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Lost enjoyment of life
- Reduced quality of life
- Other intangible losses
Our attorneys help clients identify and calculate their losses and the range of settlement values that will cover their costs. We seek justice for our clients, pursuing a fair settlement that ensures their accident-related expenses get paid.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientRecovering Wrongful Death Damages in a Baton Rouge Car Accident Case
Unfortunately, fatal injuries often result from car accidents in the Baton Rouge area. Families are rarely mentally, emotionally, or financially prepared to deal with the sudden loss of a loved one in this way.
If your relative died in an accident that someone else’s negligence caused, please accept our condolences. We are sorry for your loss and want to help you during this emotionally trying time by helping you seek damages on your loved one’s behalf.
We realize that taking legal action while grieving is hard. Still, you may have the right to hold the person who caused the accident accountable. If you decide that pursuing a wrongful death lawsuit is the next move for your family, we would be honored to represent you and your loved one. We can manage your case while you take care of your family and yourself.
Medical Bills Could Be Among the Recoverable Damages
Designated family members may be able to recover damage for their loved one’s:
- Medical expenses for treatment they received up to their death
- Funeral, burial, or cremation expenses
- Property damage
- Other end-of-life expenses
Wrongful death damages could also include compensation to replace the income the decedent would have contributed to the household had they lived. State law (CC Art. 2315.2) identifies relatives who are eligible to recover damages under this legal action. They are the decedent’s:
- Surviving spouse and children (or either, depending on the situation)
- Surviving parent or parents
- Siblings, if there is no surviving spouse, child, or parent
- Surviving grandparents, if there is no surviving spouse, child, parent, or sibling
- Estate representative, if no surviving person in any of the above categories exists
Wrongful death cases can be complex, but your Baton Rouge car accident attorney will guide you through this process and explain Louisiana’s wrongful death laws and process to you.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientBeware of Accepting a Low Settlement Offer From an Insurance Company
You should first determine how much compensation you can seek. Having this number in mind as you evaluate potential settlement offers from an insurance company will help you avoid accepting too-low offers that won’t cover your accident costs.
Some people make the mistake of accepting an inadequate offer before they realize the full scope of their damages. Unfortunately, once you accept an insurer’s settlement offer, you cannot take legal action to recover additional money. We can offer counsel on any offers you may receive, but we leave it to you to decide.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Your Attorney Can Help You Seek Compensation
The aftermath of a car accident can be confusing, stressful, and challenging for victims and their families. You may be facing high medical and rehabilitation costs, as well as severe injuries. Even relatively minor injuries can keep you out of work while you recover. Your family may be struggling to make ends meet during this difficult time.
Our team can ease the burden on you. We may be able to speak to the insurance adjusters on your behalf, demand a payout for what your claim is worth, and offer advice about when to settle and when to fight.
We represent our clients’ best interests and pursue the compensation they need to pay for their expenses and losses. During this time, they can focus on their healing while we handle their legal needs.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientOur Case Results Show How Serious We Are About Our Clients’ Recoveries
At Laborde Earles Injury Lawyers, our team of Louisiana-based attorneys cares about the people we serve. We work to hold negligent drivers accountable and advocate for our clients’ full recovery from their injuries. We use our combined 100-plus years of experience to go after the compensation they need to rebuild their lives after a devastating accident.
Many auto accident victims suffer life-changing injuries, including traumatic brain injuries, back and spinal cord injuries, and many more that could put them out of work for months or permanently. We look at all damages involved and help our clients pursue the best outcome for their situation. Consider these case results we have achieved for our clients:
- $5,250,000 – Auto accident that caused a brain injury
- $2,000,000 – Auto accident that caused spinal cord injuries
- $1,000,000 – Settlement award for an auto accident victim
- $900,000 – Auto accident resulting in an injury
- $375,000 – Auto accident at an intersection that caused a back injury
- $265,000 – Auto accident that caused a back injury
- $190,000 – Auto accident that caused hip and back injuries
If you have been in an auto accident in the Baton Rouge, Louisiana, area, we want to hear from you and see how we can help you go after the damages you may be due. We are ready to talk with you about your accident today.
Dealing With Insurance Adjusters After a Baton Rouge Car Accident
If you were in an accident, you will most likely make a claim with an insurance company to seek compensation. You will need evidence to support your claim, including the police accident report and other documents. Still, there are often challenges when trying to work with insurance adjusters.
While you have a right to pursue damages, the insurance company is not on your side. They want to pay you as little as possible, so they may try to reduce the value of your claim through any means possible. You can safeguard your rights by working with an attorney who understands their tactics and can mitigate any damage to your case.
Your lawyer may:
- Manage all communications about the claim on your behalf
- Gather support for your case
- Ensure you meet all deadlines
- Help you understand what to do and what not to do
You can speak to a member of our team at Laborde Earles Injury Lawyers today. Our firm can review your case, help you understand the value of your claim, and review the relevant insurance policies.
Negotiating a Settlement With the Negligent Parties and Their Insurer
If another person’s negligence or neglect resulted in your accident, you may seek damages. These damages cover a range of losses, including medical expenses, lost wages, and pain and suffering. When taking steps to hold the liable party accountable, you must have a fair estimate of the value of your case.
Your Laborde Earles Injury Lawyers car accident lawyer serving Baton Rouge will review your expenses and losses and write a demand letter to the insurer and other stakeholders. We can look at all factors involved in your accident and see that all negligent parties are held responsible.
Vicarious Liability and Accidents With Multiple Liable Parties
Our team can even help with complex cases when more than one person is at fault for an accident. For instance, if road construction was going on at the time, the accident may have resulted from poor signage or road damage. Or, in another common example, a trucking company or shipping company may be vicariously liable for a crash caused by a commercial truck driver.
Laborde Earles Injury Lawyers knows how to identify all potentially liable parties in an accident and build a case against each of them, if possible. We can pursue damages for our clients that allow them to recover compensation to pay their bills and cover their losses.
Proving Negligence and Liability in a Car Accident
Hiring a personal injury attorney in Baton Rouge, LA to manage your case against the at-fault or liable party in your collision will involve proving their negligence. As we review your accident, we will look for four key elements that can help us prove this negligence:
- Duty of care: The party who hit you was legally liable for acting reasonably to keep you safe from harm. All who get behind the wheel assume this duty when operating a vehicle.
- Breach of duty of care: They failed to keep their duty through their action or inaction.
- Causation: Failure to keep their duty directly caused your accident and injuries.
- Damages: Because of your injuries, you suffered damages that require compensation from the liable party.
What if I Am Partially Responsible for My Baton Rouge Car Accident?
If you are partially at fault for your accident, you may still be able to receive compensation, per Louisiana’s pure comparative negligence law (CC Art. 2323). This means you may still be able to hold the other party responsible for their role in the accident, while you will be held responsible for yours.
For example, if you are found 20% responsible for the accident and your injuries, the other party would be responsible for 80% of your recoverable damages. So, if you are due $150,000, you would receive $120,000. The other $30,000 would represent your percentage of fault and be deducted from your award. We will work diligently to prove that the other party’s liability is greater than yours.
We advise you not to admit fault for any part of the accident after it occurs. The insurance company or at-fault party could use any statements you make to deny your claims or discredit your account of events. You can always speak with a personal injury lawyer after your accident. They can protect your rights, help you avoid jeopardizing your claim, and represent you in all communications with the insurance company, legal representatives for the opposite party, and others.
You May Have a Year or Less To Begin a Car Accident Lawsuit in Baton Rouge
Louisiana has a statute of limitations that prevents most parties from filing a lawsuit against a negligent driver after the two-year anniversary of their accident, according to CC Art. 3492 for injury lawsuits and CC Art. 2315.2 in wrongful death actions.
The court could bar you from taking action and proceeding with your case if you do not meet the deadlines. Should this happen, you will have to assume all financial responsibility for your damages. This is why we encourage you to contact us as soon as possible, so we can start working for you.
In addition, some cases have additional deadlines you will need to meet. This is common when the liable party is a municipality, parish government, or other government agency.
Louisiana Car Accident FAQ
The car accident claims process is one of the more complex kinds of personal injury claims. Since you’ll be dealing with the insurance company and potentially bringing your case to court, you may have many unanswered questions about what to expect from your case.
For this reason, we have answered some of the more commonly asked questions surrounding car accident claims in Louisiana below. If you have additional questions we did not cover here, do not hesitate to reach out to us so we can discuss your concerns in more detail.
Should I Give a Statement to the Insurance Company?
It is never in your best interests to give a statement to the insurance company without speaking with your lawyer. Insurance companies have been known to take advantage of injury victims during their greatest times of need. Do not let this happen to you.
You can avoid the insurance companies’ unscrupulous tactics by having your attorney negotiate with the insurer on your behalf. If the insurance company asks you to give them a statement, it opens up the possibility that they could use it against you.
They may place unwarranted fault on you for causing the accident or otherwise attempt to reduce your compensation. You can avoid this by having your attorney provide the insurer with the facts of your case so they can move forward with the processing of your claim
What Does It Cost To Hire a Car Accident Lawyer in Louisiana?
Hiring a car accident attorney in Louisiana may be more cost-effective than you thought. Many people assume that they will need to put a considerable amount of money down before a lawyer will work with them.
However, this is not the case for car accident victims. The vast majority of car accident lawyers will be willing to work with car accident victims on contingency. This means you will never have to pay any out-of-pocket or upfront expenses. In fact, your lawyer will absorb the risk of your case entirely. This means if we do not win, you do not owe us anything.
Could I Be Awarded Punitive Damages?
It is not uncommon for car accident victims to wonder whether they could be awarded punitive damages in their case. However, punitive damages are not a common occurrence. They are awarded when the court system finds the defendant’s actions intolerable. They find it necessary to punish the defendant beyond the compensatory damages they may be ordered to pay you for your losses.
Although punitive damages are awarded to the injury victim, they are designed to punish the defendant, not compensate the injury victim. For this reason, you should never expect to be awarded punitive damages in your case.
Your lawyer will analyze the circumstances of your case to determine whether the defendant’s conduct may be considered reprehensible or grossly negligent under Louisiana law. If this is the case, your attorney can give you a better idea of whether you might be awarded punitive damages based on the details of your car accident.
Speak to Our Team Now for Free
You can talk to a Laborde Earles Injury Lawyers team member today at no cost to your family. We will review what happened to cause your accident and who is responsible. We may be able to pursue compensation for you based on the facts of your crash.
Call today to learn more and let us help you get justice.
