People who suffer injuries after car crashes may worry about covering their medical costs and getting their lives back on track. The answers to these questions will be especially important after car crashes that result in whiplash. The extent of these injuries may not be immediately apparent but can require intensive medical care, change your quality of life, and force you to miss time on the job.
It may be possible to collect compensation following these losses, but only if you can prove that another driver was at-fault for the collision. A Kenner car accident lawyer from Laborde Earles Injury Lawyers could help to pursue these cases for all appropriate payments.
The legal team at Laborde Earles Injury Lawyers is ready to help you seek out fair compensation. An attorney from our firm can perform a full investigation into the crash, evaluate how the accident has impacted your life, and demand appropriate payments from all liable parties.
Give us a call today at (504) 777-7777 for your free consultation.
At-Fault Drivers Have an Obligation to Provide Full Compensation to Victims
Every driver that gets behind the wheel of a car, truck, or other motor vehicle assumes a duty to protect others. This duty extends to other drivers, passengers, bike riders, and even pedestrians. A driver involved in a collision and not taking proper care to avoid an accident is likely at fault for that incident. As a result, those drivers may be liable to provide compensation to all affected parties.
Damages You May Pursue
Drivers that are at fault for crashes that result in whiplash have the obligation under the law to provide fair compensation. This obligation may include covering the costs of medical treatment, emotional health counseling, and lost wages. Still, you have the responsibility to prove that another driver was at fault for the collision.
Proving Fault
Proving that another driver was at fault for a crash is the central component of a claim for compensation. Injured people always bear this burden and must prove that another driver was violating a rule of the road, was distracted, or was otherwise unfit to drive leading up to the collision. Examples of behaviors that indicate driver fault include:
- A failure to stop at a red light
- Using a cell phone to send a text message
- Driving while drunk or high
- Operating an unsafe vehicle
The legal professionals at Laborde Earles Injury Lawyers are prepared to take the lead in investigating every part of the crash. We can obtain a police report, talk with witnesses to the accident, determine if a driver received a ticket, and obtain video footage of the crash. These pieces of evidence can combine to create a picture of another driver’s fault for the collision.
It is vital to begin this process as soon as possible to have the best chance of collecting evidence. Reach out to Laborde Earles Injury Lawyers today at (504) 777-7777 for a free case review.
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State Law Places Great Burdens on Injured Parties
There is no doubt that injured people bear the burden of proving that another driver’s actions led to a collision. At the same time, those other drivers may be attempting to justify their own choices and limit their liability. Certain aspects of state laws provide potential defenses.
Comparative Fault
One common argument that defendant drivers may make is that the injured person shared some or all of the blame for the crash. This argument is possible because of Louisiana Civil Code § 2323. This statute provides that personal injury accident cases must evaluate the actions of all people involved in that incident. If a jury believes that an injured person was partially responsible for the crash, 25 percent, for instance, then that jury must reduce the award by that percentage.
Failing to File on Time
Defendant drivers and insurance companies may also argue that an injured individual waited too long to demand payments. Under Louisiana Civil Code § 3492, all lawsuits that demand payments after accidents must be filed no more than one year from the date of the incident. As a result, waiting too long to demand compensation could see a court dismissing your case.
A Kenner whiplash injury lawyer from our firm can help you fight back against these common defense tactics and meet the state’s legal filing requirements.
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Whiplash and Its Prevalence After Car Crashes
Whiplash is one of the most common yet difficult to define consequences of a car crash. According to the Mayo Clinic, whiplash is the product of a sudden and rapid back and forth movement of the neck. This movement can result in symptoms that include:
- A loss of range of motion
- Neck pain and stiffness
- Headaches
- Fatigue
- Dizziness
Whiplash is prevalent in car accidents because of the intense forces present in these incidents. Every vehicle on the road weighs multiple tons. The sudden stopping of these vehicles, such as what results from a collision, transfers that force to the passengers within. Even if those people are wearing seatbelts or receive protection from a deployed airbag, much of this force may remain on the neck.
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Speak with Laborde Earles Injury Lawyers Today to Get Started on Your Case
Whiplash is a serious injury that can present with a variety of symptoms. Even so, these symptoms may not become apparent for days after a car crash. Nevertheless, these symptoms are serious and can negatively affect your physical health, emotional well-being, and ability to earn a living.
A Kenner whiplash injury lawyer from our firm may be able to help. Our team can explain the relevant laws, measure your losses, and build a powerful case against the other driver.
The legal team at Laborde Earles Injury Lawyers is ready to help you. Reach out to us today at (504) 777-7777 for a free case review.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
