Lafayette Car Accident Lawyer

Is It Worth Hiring a
Car Accident Lawyer?

The laws of your state may allow you to seek financial compensation from an at-fault driver on your own. The advantages of hiring a car accident lawyer might make it worthwhile. A car accident lawyer may be able to help you prove the legally required elements of neglect that entitle you to financial compensation.

According to the ABA, that includes the at-fault driver’s responsibility to provide you with reasonable care and proof of his breach of that responsibility. It may also require proving his breach caused your injuries and their resulting financial damages.

Some actions you take may assist your lawyer in providing the required proof of your right to financial recovery. According to the III, at the scene of the accident, you might exchange information with the at-fault driver including information about his insurance provider. If possible, you should also collect contact information from anyone who witnessed the accident.

To assist your lawyer in valuing your injuries and the expenses that stem from your injuries, you may be asked for copies of your medical records, paycheck stubs, and injury photos.

What Is the Average Settlement
for a Car Accident?

Because there are so many variables involved in a car accident case, the average settlement for one might be difficult to determine. Variables that may affect the amount of compensation you receive may include the amount of income you miss and the amount and length of the medical care your injuries require.

Factors that contribute to the value of your potential compensation package may include:

• All injury-related income loss
• All injury-related medical expenses
• Compensation for your pain and suffering
• Compensation for your emotional angst

You may also be entitled to have your vehicle repaired or replaced. According to the III, you might be able to choose where to have your car repaired. If your car is declared a total loss, you might also be able to have its value independently assessed versus accepting the insurance adjuster’s initial offer for its value.

What Damages Can I Collect
for a Car Accident?

n keeping with the ABA guidelines, if you or someone you love was injured in a car accident, the damages you might be able to collect from the at-fault driver may include:

• Current and anticipated medical bills
• Current and anticipated loss of income
• Physical pain and suffering
• Mental and emotional angst

You may also be entitled to collect the cost of repairing or replacing your vehicle according to the extent of the damage it sustained. According to the III guidelines, you are entitled to have your car restored to its pre-accident condition.

A personal injury lawyer in your area might be able to help you assess the extent of your injuries, property damage, and income loss. Your lawyer might also be able to help assign a value to your intangible expenses, including pain and suffering, and ensure your lawsuit is filed on time. Contact the client support team at Laborde Earles Injury Lawyers by calling (337) 221-9907 today to find out how hard our car accident lawyers fight for the compensation you deserve due to negligence.

Can I Sue Someone Personally
After a Car Accident?

Yes, you have the right to sue someone personally for the financial compensation you deserve after a car accident caused by negligence. You might consider doing so if the at-fault driver had no insurance coverage or if your financial expenses and losses exceeded the limits of their coverage. Filing a lawsuit is complex and time-consuming, and the other driver may not have the funds to reimburse you for accident-related damages.

Still, you may have other options for financial compensation. If your own insurance policy includes mandatory or optional uninsured (UM) or underinsured (UIM) coverage, you might be able to tap into it for compensation. No matter how you seek this compensation, there are certain types of financial recovery you may be entitled to receive:

• Medical expenses
• Lost wages and income
• Property damage
• Pain and suffering
• In-home assistance

A lawyer near you might be able to help you evaluate your recoverable damages after a car accident. He may also be able to help you determine whether suing the at-fault driver, his insurer, or both is a more favorable option. He may also help you seek recovery from your own insurer.

Will My Car Accident Lawyer Deal with
the Insurance Companies for Me?

When you trust your pursuit of financial compensation to a car accident lawyer, they can deal with the insurance companies for you. Some actions they may take on your behalf include obtaining, completing, and submitting the plethora of required forms, establishing the liability of the at-fault driver, and negotiating on your behalf for a favorable financial settlement. The III’s How to File an Auto Insurance Claim page cites the information you may be required to obtain, compile, and submit to the at-fault driver’s insurance provider as:

• Proof of claim forms
• Official crash report
• Medical records and bills
• Proof of income loss
• Property repair bills
• Property replacement estimates

Your lawyer might also submit evidence and witness statements that substantiate your right to recovery by proving the at-fault driver’s negligence. If you were involved in an accident with an uninsured driver, your car accident lawyer might also deal with your own insurance provider on your behalf. With either insurance company, they may negotiate a settlement that ensures your lawsuit is not undervalued or underpaid.

How Long Does a Car Accident Claim
Take to Settle?

It is difficult to assign a specific timeline to the settlement process because you, not your lawyer, will make the decision to accept or reject a financial settlement. The timeline for settlement negotiations may depend on:

• How long it takes to prove the at-fault driver’s liability
• How long it takes for expenses and losses to become known
• How long it takes for you to view an offer as acceptable

Accepting an offer that is made too soon after the accident might result in a settlement that does not take its full financial aftermath into account. If that happens, you might be left with out-of-pocket expenses that were not known at the time of the accident. For this reason, a fast settlement might be less desirable than one that takes longer but offers greater compensation. Note your immediately apparent injuries and any visible damage to your car at the scene. Compiling this information might help your lawyer substantiate your right to compensation based on negligence.

Do You Have to Go to Court for a
Car Accident?

If the driver whose negligence led to the accident is uninsured or if you cannot settle on an agreed-upon value of your damages, you might have to resolve your car accident lawsuit by going to court. This is an unlikely option due to the fact that the majority of car accident lawsuits are settled out of court.

ABA guidelines go on to detail what you may expect if your lawsuit does proceed to court. Each side may request various forms of evidence and may also conduct interviews with witnesses and both drivers to uncover the cause of the collision. If your lawsuit is resolved with a settlement, each side may consider the same information, including the severity and cost of your injuries.

For example, the Mayo Clinic research cites the treatments you may require for whiplash, an injury commonly reported in rear-end accidents. As such, you may suffer complications from this injury for months or even years. In that case, you might be entitled to more compensation to cover your ongoing medical treatment costs.

Along with medical care, you may also recover income loss, compensation for pain and suffering, and property damage costs. Your lawyer can help assess the value of your lawsuit prior to a trial or settlement negotiation.

What Happens if the At-Fault Party
Doesn’t Have Car Insurance?

Per III data, 13% of all vehicle owners drove without car insurance as recently as 2015. If the at-fault party in your car accident does not have insurance, you have two primary options for monetary recovery from the financial aftermath of the accident. You may be able to sue the at-fault driver personally for the costs of the accident, your injuries, and all related expenses and losses.

If you have uninsured motorist coverage (UM) as part of your insurance package, you may be able to receive compensation from your own insurer. Provide your lawyer with a complete copy of your policy. They may be able to help you tap into this added layer of insurance protection to cover the costs of the collision.

You may also turn to your own insurance provider for coverage if you have Personal Injury Protection (PIP) coverage as part of your policy. According to III’s Insurance Basics research, it may also cover your accident expenses. Contact the team at Laborde Earles Injury Lawyers at (337) 777-7777 to learn more about the benefits of hiring a car accident lawyer.

Who Can Be Sued in a
Car Accident Case?

If you were injured in a car accident, you might have several options for who can be sued. Based on the circumstances of the accident, you might have a personal injury lawsuit against:

• The at-fault driver or owner of a private vehicle
• The business responsible for a commercial vehicle
• A municipality if the vehicle was government-owned

Because one in eight drivers does not have insurance, according to III statistics, you may also be able to seek compensation from your own insurance company if your policy includes uninsured motorist (UM) coverage. If your policy includes underinsured (UIM) motorist protection, you might be able to seek additional coverage if the at-fault driver’s policy limit did not cover your costs.

Regardless of who you sue for compensation, you have a limited amount of time to do so. Your state will have its own statute of limitations that dictate the filing deadline for a personal injury lawsuit. With sufficient notice, your lawyer might be able to ensure your lawsuit is filed in time to meet the mandatory deadline.

What Should I Do in the Days Following
a Car Accident?

If you or someone you love was injured in a car accident, the steps you take in the days immediately following the accident may help in your pursuit of financial compensation. According to III research, you might want to start compiling evidence, including your medical bills, rental car receipts, crash report, and witness statements.

You may also want to contact the car accident team at a local personal injury law firm right away. A local lawyer might benefit your pursuit of financial recovery by:

• Building a supportive evidence file
• Proving the at-fault driver’s negligence
• Assigning a financial value to your lawsuit
• Compiling and submitting required claim forms
• Negotiating a favorable monetary settlement

Note that these tasks are not the only ways a lawyer can help you with your case. Remember that they are your legal advocate, and if you have any concerns about your case, contact them right away.

What Should I Do at the Scene of
a Car Accident?

According to the III, what you should do at the scene of a car accident includes taking the following actions:

• Move your car to a safe location out of the flow of traffic.
• Call the police to the accident scene immediately.
• Request an ambulance for anyone who is injured.
• Have your vehicle documents ready.
• Take photos of your vehicle’s damage from several angles.
• Exchange contact and insurance information with the at-fault driver.
• Request names and contact information from witnesses.
• Insist on filing a crash report to capture important details.

Your crash report is a key piece of information, and your lawyer may request a copy right away. It tells the story of your accident and may point to causes and contributing factors that help substantiate your right to financial compensation.

Your financial compensation may include coverage of your health care expenses, salary and income loss, property damage, and pain and suffering. A car accident lawyer in your area might be able to help you define, assess, and calculate your recoverable damages.

What Can I Do to Protect my Rights After a
Car Accident?

After a car accident, you can take certain steps to protect your rights, including your ability to seek financial compensation from the at-fault driver. You should also:

• Call the local police to the accident scene to generate a crash report.
• Take photos of your vehicle, injuries, and the accident scene.
• Contact the personal injury team at a local law firm immediately.
• Collect as much information as possible to support your lawsuit.

The information you collect may also include contact information for all involved parties, accident-related bills, and statements that prove your income loss and property repair costs. Your crash report may contain crucial details and information that help establish the cause of the collision and support your right to compensation. Photos may also detail the aftermath of the crash and the severity of your injuries.

Should you decide to hire a lawyer, let them do all the talking with the other party’s representatives. Their insurance company will try to contact you and try to twist your words to make it seem like you were not that injured, which could result in their denying your claim or offering you a low settlement. If they get a hold of you, direct them to your lawyer, so they can help you protect your rights after a car accident.

How Much Will It Cost to Hire a
Car Accident Lawyer?

When you are involved in an accident, the cost to hire a car accident lawyer is typically a contingency fee, which is a method used by many personal injury lawyers when representing clients. Rather than charging an upfront or hourly fee, your lawyer may receive a specified portion of your financial settlement after a car accident. If you are not awarded a settlement, then they still will not charge you.

Hiring a personal injury lawyer to represent you may allow you to focus on getting better while your lawyer fights on your behalf. Get help without adding to your post-accident financial strain. When you are ready to pursue the at-fault driver who caused your car accident and the resulting injuries, you do not have to fight alone.

Contact the personal injury team at Laborde Earles Injury Lawyers today by calling (337) 777-7777 to see how hard we fight for financial compensation for our injured clients.

How Much Should You Settle for After a
Car Accident?

The monetary amount you settle for after a car accident may depend on a number of factors. As your lawyer will explain, the monetary value of your potential compensation package may depend on the types and amounts of damages you qualify to collect, which may include:

• Necessary medical expenses
• Income loss caused by your injuries
• Vehicle damage or total loss
• Required in-home assistance
• Physical pain and suffering
• Mental and emotional strain

The lawyer who represents you may be able to help you assign a value to each of these items. Their combined total will represent the value of your compensation lawsuit and/or your potential settlement. To collect damages in any amount, your lawyer may be required to prove the at-fault driver’s negligence.

According to the ABA, that may mean proving he violated your right to a reasonable duty of care. You do not have to prove this violation on your own. Your lawyer may prove you are entitled to compensation due to negligence with your crash report, available photos and video footage, and witness observations.

How Long Do I Have to File a Lawsuit
After a Car Accident?

According to ABA guidelines, the amount of time you have to file your lawsuit after a car accident depends on the state where your accident occurs. In Louisiana, Civil Code (CC) §3492 limits your right to file a personal injury or wrongful death lawsuit to as little as one year. Your lawyer may be able to help you define the statute of limitations that affects your lawsuit.

In addition to the typical timeline determined by your state, your filing deadline might change if any of the following circumstances apply:

• A minor was injured.
• A municipal vehicle was involved.
• The accident resulted in a fatality.

Because the statute of limitations might be challenging to ascertain and comply with, your legal team can help you ensure understanding and compliance if they are involved in your case with sufficient notice. If your lawsuit is filed on time, ABA guidelines may allow you to collect compensation for your medical bills, pain and suffering, and property damage. Your lawyer can help ensure an accurate value for your lawsuit before negotiating a settlement.

Should I Go to the Hospital After a
Car Accident Even if I’m Not Hurt?

Yes, you should seek immediate medical attention if you are involved in a car accident, even if you do not feel injured at the scene. This is important because a car accident may result in injuries that might not be immediately felt. Commonly reported car accident injuries that might not be readily apparent include:

• According to Merck Manual research, internal injuries might not be immediately visible and may not have symptoms.
• Mayo Clinic research cites whiplash as a common car accident injury whose symptoms may not be apparent for several days.

Delaying treatment for car accident injuries may cause a worsening of symptoms or the injuries themselves. In addition, documentation of getting medical treatment after your car accident can be a crucial form of evidence in that it can prove that your injuries were a direct result of the crash.

Obtain a copy of your car accident report as soon as it becomes available. It may contain notes about your physical state and mental alertness that help bolster and support your potential right to financial recovery. Your lawyer may use your crash report and medical records and bills to substantiate your injuries, prove their costs, and establish your right to compensation.

What Are the Main Causes of
Car Accidents in Louisiana?

Knowing the cause of your accident may help prove the at-fault driver’s financial liability. According to Louisiana Department of Insurance (LDI) research, commonly reported causes of car accidents in Louisiana include:

• Cell phone use
• Traffic delays
• Alcohol or drug use
• Road conditions
• Driving too fast for conditions

If these or any other unsafe driver behaviors led to the accident you were involved in, your lawyer might be able to prove the negligence required to substantiate your right to monetary compensation. Get a copy of your car accident report and share it with your legal team as soon as possible since it may contain details that prove the cause of the accident. According to Revised Statutes (RS) §32:398, a crash report is also mandatory in Louisiana if anyone involved in the accident was injured, fatally injured, or sustained significant vehicle damage.

How Does a Car Accident Lawyer
Calculate Pain and Suffering?

The financial damages that stem from a car accident typically include two types of damages. Economic damages are fixed expenses with fixed costs easily provable with bills and receipts. Non-economic damages are unfixed and intangible, as they have a physical and psychological impact on your wellbeing.

A personal injury lawyer might be able to assign a monetary value to pain and suffering by calculating the impact on your social, professional, and personal life and the amount of pain you live with as the result of your injuries. Per the III’s Background on: no-fault auto insurance, pain and suffering might only be included in your lawsuit if your injuries meet specific criteria. In addition to pain and suffering that may include your medical bills, property damage, and the income you lose when your injuries prevent you from working.

If the aftermath of a car accident left you with emotional turmoil and ongoing physical pain and suffering, our car accident lawyer in your area might be able to help you calculate their value. Reach out to the car accident team at Laborde Earles Injury Lawyers by calling (337) 777-7777 today.

Do You Always Get a Settlement from a
Car Accident?

No, car accident lawsuits do not always end with a settlement negotiation. Per ABA data, though, only a small number of car accident lawsuits are not resolved with a settlement. A personal injury lawyer might be able to assist you in negotiating a settlement by:

• Proving the at-fault driver’s negligence
• Establishing the value of your lawsuit

To prove negligence, your lawyer may be required to prove duty, breach, cause, and damages, per the Legal Information Institute (LII). To demonstrate the value of your lawsuit, your lawyer may be required to prove the current and ongoing costs of your medical care, the total value of your lost income, and the cost to repair or replace your car. He may also have to prove and assign a value to your pain and suffering, inconvenience, and emotional distress.

To prove these required facts, your lawyer may ask for your car accident report, medical records, income statements, and many other accident-related documents. Comply with any requests for information immediately to help ensure your lawsuit is filed on time and not at risk of dismissal.

When Should You Get a Lawyer for a
Car Accident?

The choice to hire a lawyer is yours. However, if you decide it is the best option for you, you should get one as soon as possible after the accident happens. Involving a lawyer in your compensation lawsuit sooner rather than later can help ensure your lawsuit is filed in time to comply with the statute of limitations.

The statute of limitations determines how much time you have to file your lawsuit. If the statute expires, your ability to compel compensation might expire with it. In addition to timely filing of your personal injury lawsuit, getting a car accident lawyer right away may mean your lawyer has the time he needs to:

• Locate and interview witnesses while memories are fresh.
• Search for residential and commercial surveillance video.
• Conduct an independent investigation, if necessary.

Your lawyer’s goal is to prove the at-fault driver breached his duty to provide you with ordinary care. Additional benefits of hiring a lawyer right away include their ability to deal with the at-fault driver’s insurance provider and read and review your car accident report and other relevant evidence.

How Do I Find a Good
Car Accident Lawyer?

When you are injured in a car accident, you may want a lawyer to represent you. Factors you may want to consider when looking for a good car accident lawyer include:

• Recommendations from previous car accident victims, especially your friends and family
• Familiarity with your state’s personal injury laws
• Communicative and responsive to your questions
• Has a proven track record of reviews and testimonials
• Handles the at-fault driver’s insurance company
• Handles your insurance company, if necessary

The lawyer you choose may be required to prove the cause, cost, and effect of your car accident injuries, meaning that they must prove the at-fault driver’s breach of your right to reasonable care. A good car accident lawyer may also ensure your financial expenses and losses are accurately calculated and that your lawsuit is filed on time. In addition, your lawyer can help you understand the timeline for filing an insurance claim, agreeing to a settlement offer, and receiving a final payout, per the III’s What should I do if I’m having a difficult time settling my claim? page.

With a good car accident lawyer advocating for you, you do not have to resolve your compensation lawsuit on your own.

What Happens When You Go to
Court for a Car Accident?

When you cannot resolve your car accident with a financial settlement and end up in court, you and your lawyer may be required to prove the at-fault driver’s negligence. To do so in court, your personal injury lawyer may:

• Interview both drivers
• Interview witnesses
• Conduct depositions
• Conduct discovery

Depending on the submitted evidence, your lawyer and the at-fault driver’s lawyer or insurance company representative might decide to resolve your lawsuit with an out-of-court settlement. Your evidence in court or during settlement negotiations may include:

• Car accident report
• Photos and videos
• Medical records and bills
• Witness testimony

To protect your right to go to court if you cannot come to a settlement agreement, your lawyer may define and comply with your state’s statute of limitations. This is a critical step because failure to adhere to the statutory timeline might result in having your lawsuit immediately dismissed. A personal injury lawyer might be able to ensure timely compliance and eliminate the risk of dismissal.

How Do I Get a
Car Accident Report?

You may be required to prove negligence, and your car accident report may play an important part in providing that proof. You may be able to obtain a copy of your car accident report from the police station nearest to the accident scene or from your state’s highway patrol office. Be prepared to pay a nominal fee for your report and obtain a copy for your personal files and one for your legal team.

Additional III research points to the importance of filing a car accident report immediately, as it may be required by the at-fault driver’s insurer or your own to take legal action. It may also indicate any violations issued to the at-fault driver and any observations noted by witnesses and the investigating officer.

Do not overlook the importance of sharing your official crash report with the car accident lawyer who represents you in pursuing the at-fault driver. When you are ready to seek compensation by building an effective evidence file, reach out to the client support team at Laborde Earles Injury Lawyers by calling (337) 777-7777 today. We work on contingency, so there is no need to be concerned with paying any out-of-pocket fees.

What Will My Car Accident Lawyer
Look for in My Claim?

If you or a loved one was injured in a car accident, you may be entitled to financial compensation from the at-fault driver. You may also be entitled to seek that compensation on your own. When you entrust your potential lawsuit to a car accident lawyer, he might be able to assist you in proving the legally required elements of your claim, including:

• The at-fault driver’s duty to provide reasonable care
• The at-fault driver’s action that breached his duty
• Confirmation that his actions led to your injuries
• Proof of the financial cost of your injuries and related expenses

If you and your lawyer are able to prove these facts, you may be entitled to financial compensation. To establish your right to recovery and the potential monetary value of your lawsuit, your car accident lawyer may look for accident-related documents, including insurance claim forms, your crash report, and contact information for the at-fault driver. Your lawyer may also look for additional information to support your personal injury lawsuit.

What Happens if Another Car
Causes You to Crash?

If you were involved in a car accident because another car caused you to crash, you may not be liable for the resulting financial damages. As such, liability for the collision may belong to the driver whose negligence caused the accident.

Accidents that involve more than one car can be particularly complex. Sorting out fault and liability, proving it, and fighting for monetary compensation may be a time-consuming undertaking. A personal injury lawyer familiar with the state laws might be able to help you understand what your rights and responsibilities are after this type of complex accident.

The laws about contributory negligence may be of particular importance in an accident involving multiple vehicles, so your lawyer may explain how those laws might impact your potential financial recovery. Louisiana operates on the comparative fault law. According to Civil Code (CC) §2323, any compensation you may have received might be diminished by the percentage of fault attributed to you.

For example, if the court determines that you are 20% at fault, then you will be awarded 80% of the total damages. A personal injury lawyer may assist you in assigning fault to the negligent driver and proving your right to compensation.

Who Is At Fault in a Multi-Vehicle
Car Accident?

The fault for a multi-vehicle car accident falls to the driver, another road user, or a government entity whose negligence caused the collision. In that case, that person may bear financial responsibility for the accident and your related expenses. Your car accident expenses may include:

• Injury-related medical costs
• Injury-related income losses
• Physical pain and suffering
• Emotional stress and trauma
• Vehicle damage or destruction

Per Insurance Institute for Highway Safety (IIHS) research, 61% of all car accidents in 2018 were multi-vehicle collisions. On your own, it might be challenging to prove which driver caused the multi-car accident. To figure this out, a personal injury lawyer might be able to:

• Identify the at-fault driver
• Locate and interview witnesses
• Review photos of your injuries
• Look at footage if video surveillance of the incident is available

If you are ready to identify and pursue the at-fault driver in a multi-vehicle accident, our team is committed to helping you. A personal injury lawyer might be able to ensure you receive the financial compensation you are entitled to due to the liable party’s negligence.

Let Our Client Support Team Help You
Fight for Financial Compensation

Our car accident team is committed to helping injury victims obtain monetary compensation to help them cope with the physical and financial aftermath of a vehicle collision. You do not have to fight for financial compensation on your own. We might be able to help you build a solid case and make sure it complies with all relevant filing deadlines.

Our client support team is focused on ensuring your financial recovery. When we represent you in your personal injury lawsuit against the at-fault driver, our team may be able to help you prove the at-fault driver’s liability and your right to recovery due to their negligence. From compiling evidence to interviewing witnesses to valuing your potential monetary recovery package, our team focuses on your compensation lawsuit so you can focus on getting better.

Get help pursuing the financial compensation you are entitled to due to the at-fault driver’s negligence. Contact the client advocate team at Laborde Earles Injury Lawyers to find out how hard the car accident lawyers on our teamwork to ensure the best possible outcome for our injured clients. Call (337) 777-7777 to contact a personal injury lawyer today.