The three main causes of car accidents in Louisiana are alcohol, distracted driving, and aggressive driving. Getting compensated after a car accident may seem easy but the reality is quite different if the liable party ends up arguing that you are at fault for the accident.
A Fort Polk car accident lawyer can help you to get the compensation you deserve by collecting enough evidence to prove the liable party’s negligence. Since a car accident lawyer has years of experience, they will know how to help the injured parties recover and let you know your legal options for your case.
Steps to Take After a Car Accident in Fort Polk
The first thing you should do after an accident is to go to the emergency room. Receiving medical attention helps you get treated for any injuries. You may feel fine but this is often due to the adrenaline masking the full effect of the accident.
While at the scene of the accident, you should contact the police. When the police arrive at the scene, you should give a detailed account of the accident without exaggerating or assuming any information. Exchange contact and insurance information with the other party or parties involved in the accident.
After an accident, once you have given a detailed account of the accident to the police and been checked out at the Emergency Room, you should immediately contact a Fort Polk accident lawyer. The lawyer will assist you with handling what you need to make a successful claim while you focus on recovering from your injuries. For instance, depending on your case, a lawyer may decide to:
- Gather evidence from the scene of the accident
- Negotiate with the liable party’s insurance company
- Collect eyewitness statements
- Determine the value of your personal injury claim
- Take the liable party to court if negotiations fail
- Find a way to get you compensated if you did not have insurance at the time of the accident
Under Louisiana law RS 32:866, if the injured party was not insured, they are not able to recover $15,000 for bodily injury or $20,000 for property damage. A lawyer may be able to find a way to navigate through these limitations by proving that the liable party intentionally caused the accident.
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Determining the Value of Your Personal Injury Claim
The main factor affecting the value of your claim is the nature of your injuries. Severe or catastrophic injuries are often awarded higher damages. The court takes into account the current and any future medical bills you might incur due to your injuries. Proving that the injuries sustained are due to the accident is almost impossible without medical records. This is why you need to seek medical attention after the accident.
You should avoid negotiating with the liable party’s insurer before determining the full cost of receiving treatment. The percentage of fault is a key determinant of the value of your claim. Louisiana has a pure comparative fault system, which means that each party in an accident can recover damages based on their share of fault in causing the accident. The liable party will often try to use the comparative fault system to reduce the amount of your recoverable damages.
Your insurance coverage also determines the value of your claim especially if the liable party is not insured. Underinsured motorist cover has specific limits on the recoverable damages you can get. A Fort Polk car accident lawyer can help protect your interests and ensure that there is sufficient evidence to establish the liable party’s higher percentage of fault.
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Are Personal Injury Claims Time-Sensitive?
Yes, in Louisiana you have a set deadline of one year from the date of the accident to file a personal injury claim. The statute of limitations is often meant to help injured parties file their claims in good time when there could still be evidence to support their claim.
There are instances where the court may allow you to file a personal injury case after the statute of limitation has lapsed. For instance, if you were below the age of 18 at the time of the accident or were legally incompetent through mental incapacitation, the court may listen to your case.
If you or your loved one has sustained injuries in a car accident in Fort Polk, you might decide to talk to a lawyer to find out what your legal options are. A Fort Polk accident lawyer will work with you to be sure you do not miss the statute of limitations. Even if you did miss it, a lawyer has the necessary knowledge of Louisiana’s law to help you seek damages.
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Pursuing a Personal Injury Claim in Court
It is very common for the liable party’s insurer to make a settlement after negotiating with the injured party but you may have to go to court to get fairly compensated. This is often due to the liable party’s insurer denying your claim. The insurance provider may:
- Argue that you are solely responsible for the accident
- Offer a very low settlement barely enough to cover the cost of bodily injuries
- Refuse the findings of the accident report claiming that it has errors
- Feel confident that you have no way of establishing the liable party’s negligence due to a lack of evidence
If you encounter any of the above scenarios, the best way to get a settlement is by filing a personal injury claim. Filing a personal injury lawsuit does not necessarily mean that the case will get decided by the court, the majority of personal injury cases end up getting settled out of court.
Hiring a car accident lawyer will help you to have a speedy litigation process. A personal injury lawyer will be able to negotiate a fair settlement for you at any stage of the case. If the injuries sustained are too severe and a settlement is not agreed upon by both parties, a lawyer will then be able to represent you in court.
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Contact a Fort Polk Car Accident Lawyer Today
Talking to a Fort Polk car accident lawyer can help you know what to do immediately after an accident. Our lawyers have helped injured parties recover thousands of dollars in settlements after a car accident. Contact Laborde Earles Injury Lawyers today and receive a free consultation.
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