A car accident caused by a negligent driver can leave you with severe physical injuries, psychological trauma, property damage, and exorbitant medical costs. If this happens to you, filing a car accident claim may bring you some financial relief through compensation for damages such as medical expenses, lost wages, and pain and suffering.
Our legal team is ready to help you pursue justice. A Cecilia car accident lawyer can evaluate your situation and determine if you have a valid case. Call Laborde Earles Injury Lawyers for a free case evaluation or fill our contact form.
Determining Liability for Your Car Accident Injuries
To receive compensation for your damages, you need to first identify who was responsible for your accident. Usually, it may just be the driver of the other vehicle, while multiple parties may hold liability in some accidents.
Examples of different parties that may be held liable in car accident cases include:
- The vehicle manufacturer or auto-part manufacturer if a faulty component caused your wreck
- City or state government if a road hazard caused your wreck
- Driver’s employer if the accident happened while they were at work
When hiring the services of an experienced attorney, they will thoroughly investigate your case, examining various pieces of evidence to determine liability.
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Proving Liability in a Car Accident Claim
When building your case, an attorney will examine multiple sources of information to excavate facts that denote the defendant’s negligence. Some sources we use for investigation include:
- The official police report about the collision
- Accident scene photos and video surveillance footage
- Witness interviews and statements
- Medical records and bills
- Receipts of property damage costs
- Consulting with accident reconstruction experts
These key sources of information, along with others, will be used to establish negligence through proving the following four elements:
- Duty of care: This refers to the legal responsibility of all motorists sharing the road to drive safely by obeying traffic laws and regulations. You must prove that the defendant owed a duty of care to you, which is not difficult to establish in auto accidents.
- Breach of duty: You must prove that the defendant failed to provide the duty of care. This could be through demonstrating they broke a traffic law, such as not stopping at the stop sign, running a red light or through other careless actions.
- Causation: You will need to link the driver’s negligent actions to the motor accident. Unless you establish causation, the defendant cannot be held responsible for your damages.
- Damages: To obtain compensation, you must show that the damages you sustained are compensable. This includes physical injuries, vehicle damage, pain and worries, wage loss due to time away from work, and more.
Laborde Earles Injury Lawyers’ legal team knows what evidence is required to hold those responsible accountable for their reckless actions. It is essential to tactfully pursue all avenues of evidence to build a strong car accident case. Not demonstrating the at-fault party’s negligence will leave you with the burden to face all the damages alone.
Filing a Wrongful Death Claim
Sometimes, motor wrecks can prove fatal. It can be downright infuriating when you lose a loved one in a car accident due to a negligent driver. Knowing that the accident was preventable with the driver’s care can leave family members in a flurry of despair.
While money cannot fill the void, compensation can help you manage unexpected expenses such as funeral and burial costs. Filing a wrongful death claim is a complex process that involves navigating state laws and regulations. Under CC Art. 2315.2, only specific family members of the victim can file a wrongful death suit.
Compensable Damages in Car Accident Claim
Depending on the facts surrounding your case, some of the damages you could recover through a car accident claim includes:
- Past and future medical expenses
- Vehicle repair costs and other property damage
- Past and future income loss
- Lost earning potential
- Pain and suffering
- Scarring and disfigurement
- Diminished quality of life
When you lose someone in a car crash, along with grief, you are also stuck with unexpected financial hardships. Thankfully, a wrongful death claim will help you recover some of the damages, such as
- Funerary costs
- Medical bills
- Loss of future income
- Loss of companionship
- Loss of consortium
- Pain, suffering, and mental anguish
- Decreased quality of life
A lawyer will be able to assess your case to identify the full extent of damages you may be eligible for.
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You Have Limited Time to File a Car Accident Claim
Louisiana gives you one year from the date of the accident to file a case for compensation against at-fault parties. If you fail to pursue legal action within this timeframe, the court may dismiss your case, and you may lose the right to obtain damages from those responsible for your collision.
The statute of limitations for filing a wrongful death lawsuit is one year from the date of your loved one’s passing under CC Art. 3492. This is not a long time to act when you are grieving.
We recommend that you contact our staff as soon as possible if you are interested in pursuing financial recovery for a wrongful death claim or a car accident claim.
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What Is the Main Cause of Car Accidents?
A National Motor Vehicle Crash Causation survey concluded that driver error was the leading cause of collisions in the United States. More likely than not, this means that the other motorist can be held at fault for causing your accident.
Driver Error
The causation survey determined that 94% of car crashes are attributed to driver error. During its research, NHTSA found that the top contributors of driver error included:
This category mentions that driver inattention, internal and external distractions, and inadequate surveillance account for 44% of all car accidents related to driver error.
Speeding, general misjudgment, and failure to drive defensively account for 33% of all collisions caused by preventable factors.
These elements include overcompensation, poor directional control, and inexperience. This accounted for 11% of crashes.
Non-performance and other factors. Drowsiness was the most common error made in this category. This division makes up the remaining 12% of accidents caused by a motorist’s negligence.
When drivers get behind the wheel, they assume a duty of care not to harm others. By exhibiting safe driving practices, they can reduce the risk of an accident. A negligent driver should be held responsible for their actions. If you were injured by such negligence, you have the right to be compensated for the cost of your damages.
You do not have to go through this alone when a Cecilia car accident lawyer can help you. Let our legal team help you discover your options for pursuing compensation.
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Insurance Companies and Car Accident Injuries
An insurance company representative may reach out to you soon after the accident and offer you a settlement. While the amount of money they offer may seem like a large sum to you and your family, it may not factor in the costs that your accident may incur in the future. For example, if you accept compensation and find out that you need an operation, these funds will not cover this unexpected cost.
Once you accept a settlement from an insurance company, you cannot pursue another civil claim later should your condition worsen. Working with a Cecilia car accident attorney can help you understand the true value of your claim and what costs the other party should cover.
At Laborde Earles Injury Lawyers, we are familiar with insurance companies’ tactics to save themselves a few dollars. When you work with us, we are determined to ensure that you do not pay for your accident out of pocket.
Get Help from a Cecilia Car Accident Lawyer Today
You have enough stress on your shoulders during this difficult time. Let our legal team protect your best interests by negotiating a fair settlement for you or on behalf of your loved one. If a Cecilia car accident lawyer cannot reach an agreement with the other party out of court, we will fight for you in court.
While each case is different, you may be able to recover medical costs, lost wages, and other expenses. If you miss the one-year deadline for filing a civil action, your compensation opportunity may be in jeopardy. Do not let this happen to you.
You can never predict the behavior of the drivers around you. You can fight back when the reckless behavior of another motorist causes you serious injuries or the death of a close loved one with the help of a Cecilia car accident lawyer. If you were seriously injured due to a negligent driver, call Laborde Earles Injury Lawyers today. We work on a contingency basis, meaning that we do not get paid until we settle your case.
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