Car Accident Lawyer in Lafayette

At Laborde Earles, our Lafayette personal injury lawyers are proud to have served the community for decades. With over 350 years of combined experience and a proven track record, we’ve secured more than $1 billion in compensation for our clients.

Our Lafayette car accident lawyers are committed to fighting for your rights and handling your claim so you can heal.

Whether you’re dealing with medical bills, lost wages, or emotional distress, we’re here to fight for the best possible outcome for your claim. Contact Laborde Earles today to discuss your case with a team that puts your needs first.

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

Yes, your car accident lawyer will handle all interactions with the insurance companies, ensuring your rights are protected and you receive fair treatment throughout the claims process.

After an accident, dealing with auto insurance providers can be frustrating and stressful, especially when you’re trying to recover physically and emotionally. A skilled Lafayette car accident attorney will take the burden off your shoulders, managing every aspect of the communication and negotiation process.

Handling All Communication

Insurance adjusters often contact accident victims shortly after a crash, asking for statements or offering quick settlements. These conversations can be tricky, as anything you say might be used to reduce or deny your claim.

Your attorney will act as your representative, speaking directly with the insurance companies to ensure your interests are protected. This includes:

• Managing phone calls, emails, and correspondence
• Ensuring you don’t make statements that could harm your case
• Preventing the insurance company from pressuring you into accepting a low settlement

Gathering and Submitting Evidence

To build a strong case, your lawyer will collect and organize key evidence, such as:

• The official crash report
• Medical records and bills that document your injuries
• Proof of lost wages or diminished earning capacity
• Photos and videos from the accident scene
• Witness statements supporting your account of the accident

This evidence will be submitted to the insurance company to demonstrate the extent of your damages and prove the other party’s liability.

Proving Liability

Your lawyer will work to establish that the other driver or party was at fault for the accident. This involves showing:

• The at-fault party owed you a duty of care (e.g., driving responsibly).
• They breached that duty by acting negligently (e.g., speeding or texting while driving).
• Their negligence caused the accident and your injuries.
• You suffered damages as a result, such as medical expenses, lost income, and pain and suffering.

An experienced personal injury attorney knows how to build a compelling case that holds the insurance company accountable for paying what you’re owed.

Negotiating a Fair Settlement

Insurance companies often try to minimize payouts by offering settlements that don’t fully cover your losses. Your lawyer will evaluate the insurance company’s offer based on the actual value of your damages, including:

• Current and future medical bills
• Lost wages and potential loss of earning capacity
• Property damage
• Pain and suffering

If the initial offer is too low, your lawyer will negotiate aggressively for a higher settlement that addresses all your needs. In some cases, they may involve expert witnesses, such as accident reconstruction specialists or medical professionals, to strengthen your claim.

Handling Unfair Insurance Tactics

Insurance companies may use various tactics to reduce or deny your claim, such as:

• Delaying the claims process to pressure you into accepting a lower settlement
• Disputing liability or blaming you for the accident
• Claiming your injuries are not as severe as you say
• Offering a quick settlement that doesn’t reflect the full extent of your damages

Your lawyer will recognize these tactics and push back to protect your rights. If negotiations fail, they’ll be prepared to take your case to court to fight for fair compensation.

What if the At-Fault Driver Is Uninsured or Underinsured?

If the at-fault driver doesn’t have insurance or their policy limits are too low to cover your damages, your lawyer can explore other options, such as:

• Filing a claim under your uninsured/underinsured motorist (UIM) policy
• Pursuing a personal injury lawsuit against the at-fault driver

Your attorney will help you with these options to maximize your recovery.

How Long Does a Car Accident Claim Take to Settle?

Determining the timeline for settling a car accident claim can be challenging, as it depends on several factors unique to each case. While your lawyer will work diligently to resolve your claim efficiently, the ultimate decision to accept or reject a financial settlement lies with you.

It’s essential to remain cautious throughout the process, as rushing to accept a quick settlement could leave you with unexpected costs down the road.

Your lawyer will help you assess the value of your claim, ensuring it includes all current and future damages, before deciding whether to proceed with a settlement or trial.

Factors That Can Affect the Timeline

The time it takes to settle a car accident claim can vary significantly based on:

• Severity of Injuries: Claims involving minor injuries may resolve more quickly, while severe or long-term injuries require thorough medical evaluations and documentation, which can extend the timeline.
• Complexity of the Case: Multi-vehicle accidents, disputed liability, or cases involving commercial drivers often take longer to resolve due to the need for additional investigation and negotiation.
• Insurance Company Tactics: Insurance adjusters may delay the process, dispute liability, or offer low settlements to pressure you into accepting less than you deserve.
• Extent of Damages: Cases involving significant medical bills, lost wages, or non-economic damages (e.g., pain and suffering) often require more time to calculate and negotiate.
• Waiting for Maximum Medical Improvement (MMI): Settlements may be delayed until you’ve reached MMI, ensuring that all current and future medical costs are accounted for in your claim.
• Availability of Evidence: Gathering accident reports, medical records, witness statements, and expert opinions can take time, especially if key evidence is missing or disputed.
• Litigation Needs: If negotiations fail and your case goes to trial, the process will take longer due to court schedules, depositions, and other pre-trial activities.

Why Be Cautious About Quick Settlements?

A fast financial settlement may seem appealing, especially if you’re facing mounting medical bills or lost income. However, quick settlements often fail to account for:

• Long-term medical treatment or rehabilitation needs
• Future lost wages or diminished earning capacity
• Non-economic damages like pain and suffering

Accepting a low offer without consulting your lawyer could leave you paying out of pocket for expenses later. Your lawyer’s role is to evaluate the full value of your claim and negotiate a settlement that reflects all your losses.

How Your Lawyer Can Help Expedite the Process

While some delays are unavoidable, a skilled Lafayette car accident lawyer can take steps to keep the process moving efficiently by:

• Thoroughly Investigating the Accident: Collecting evidence early and building a strong case reduces the risk of delays caused by disputes.
• Communicating With Insurance Companies: Your lawyer will push back against stalling tactics and work to keep negotiations on track.
• Calculating Full Damages: By documenting all current and future expenses, your lawyer ensures the settlement process isn’t delayed by incomplete information.

Patience Can Pay Off

While it’s natural to want resolution quickly, patience often leads to better outcomes. Taking the time to build a strong case, negotiate effectively, and wait until all damages are quantified can significantly impact the amount of compensation you receive.

If you’ve been injured in a car accident, work with a car accident attorney in Lafayette who understands the importance of balancing efficiency with thoroughness.

Who Is Liable for a Car Accident?

Determining who is responsible for a car accident involves identifying the party or parties whose negligence caused the collision. Depending on the circumstances of your case, several individuals or entities could be held liable for your damages.

A thorough investigation by an experienced attorney can help uncover the at-fault party and hold them accountable. Possible liable parties include:

• The At-Fault Driver: In most cases, the negligent driver who caused the accident by speeding, distracted driving, or running a red light is held responsible.
• Vehicle Owners: If the at-fault driver was operating a vehicle they don’t own, such as a rental car or borrowed vehicle, the owner of the vehicle may share liability.
• Employers of Commercial Drivers: If the accident involved a commercial vehicle, such as a delivery truck or company car, the employer may be responsible if the driver was working at the time of the crash.
• Government Agencies: If poor road conditions, inadequate signage, or faulty traffic signals contributed to the accident, a local or state government agency may be held liable.
• Vehicle Manufacturers or Repair Shops: If a defective vehicle part or improper repairs caused the accident, liability may fall on the manufacturer or repair facility.
• Other Drivers: In multi-vehicle accidents, more than one driver may share fault for the collision.

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

Protecting your rights after a car accident is critical to securing the compensation you deserve. Taking the right steps immediately following the crash can strengthen your claim, preserve key evidence, and ensure you’re treated fairly by insurance companies.

Here are the essential actions you can take to safeguard your legal and financial rights.

1. Seek Medical Attention:
   • Your health should be your top priority. Even if you feel fine, some injuries, such as whiplash or internal bleeding, may not show symptoms immediately.
   • Prompt medical care not only ensures your well-being but also creates medical records that link your injuries to the accident.
2. Call the Police:
   • Report the accident to law enforcement and request a copy of the police report. This document will serve as key evidence for your claim, outlining the details of the crash and any citations issued.
3. Document the Scene:
   • Take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
   • Record details such as the time, date, weather conditions, and the other driver’s behavior.
4. Exchange Information:
   • Collect contact and insurance information from all drivers involved in the accident.
   • Also, gather contact information for any witnesses, as their statements could support your claim.
5. Avoid Admitting Fault:
   • Be cautious when speaking to others at the scene, including other drivers and police officers. Avoid apologizing or admitting fault, as these statements could be used against you.
6. Notify Your Insurance Company:
   • Report the accident to your insurer as soon as possible, providing only the basic facts. Let your lawyer handle detailed discussions with the insurance adjuster.
7. Keep Records of All Expenses:
   • Save receipts, invoices, and bills related to medical care, vehicle repairs, and other accident-related costs.
   • Document your missed workdays and lost income due to the crash.
8. Consult a Car Accident Lawyer:
   • Contact a Lafayette auto accident lawyer to protect your rights and guide you through the legal process. Your lawyer will handle communication with insurance companies, gather evidence, and negotiate for maximum compensation.

Common Mistakes to Avoid

• Delaying Medical Treatment: Waiting too long to see a doctor can weaken your claim by allowing the defense to argue that your injuries weren’t caused by the accident.
• Accepting a Quick Settlement: Insurance companies may offer a low initial settlement to close the case quickly. Consult your lawyer before accepting any offers.
• Failing to Document Damages: Without evidence of your losses, it may be difficult to recover the full value of your claim.

Taking these steps can make a significant difference in the outcome of your case.

Do You Always Get a Settlement From a Car Accident?

No, not all car accident cases result in a settlement. While most claims are resolved through negotiation with the at-fault party’s insurance company, some cases may require further legal action if a fair settlement cannot be reached.

Whether or not you receive a settlement depends on several factors, including the strength of your case, the willingness of the insurance company to negotiate, and the complexity of the accident.

Factors That Affect Whether You Receive a Settlement

Here are the main factors that can have an impact on your settlement:

• Liability Disputes: If there is disagreement over who was at fault for the accident, the insurance company may deny the claim or delay negotiations.
• Insufficient Evidence: Without strong evidence proving the other party’s negligence and the extent of your damages, the insurance company may refuse to offer a settlement.
• Severity of Injuries: Cases involving severe injuries or long-term disabilities often result in larger claims, which insurance companies are more likely to contest. Depending on the type of injury, you may face long-term medical costs and deserve compensation for your suffering.
• Uninsured or Underinsured Drivers: If the at-fault driver lacks sufficient insurance coverage, you may need to rely on your own uninsured/underinsured motorist (UIM) policy or pursue a personal lawsuit, which may delay or complicate the resolution.
• Insurance Company Tactics: Insurance companies may use strategies to delay or deny claims, such as disputing medical records, offering low settlements, or arguing that your injuries are unrelated to the accident.
• Negotiation Challenges: If the insurance company refuses to make a reasonable offer, the case may need to go to trial, where there is no guarantee of a settlement.

Why Some Cases Go to Trial

While most car accident claims are resolved out of court, there are situations where a settlement cannot be reached through negotiation. Common reasons include:

• The insurance company denies liability.
• The settlement offer does not cover the victim’s full damages.
• The insurance company disputes the severity of the injuries.
• The at-fault party is unwilling to settle.

In such cases, your lawyer may recommend filing a lawsuit and preparing for trial. Although this process can take longer, it may result in a higher payout if you win your case.

How to Improve Your Chances of Getting a Settlement

Working with an experienced Lafayette auto accident attorney can significantly improve your chances of securing a settlement. Your lawyer will:

• Gather Strong Evidence: Collect police reports, medical records, witness statements, and photos of the accident to build a compelling case. Settlement negotiations often rely on crucial evidence, such as traffic law violations, accident reports, and other information, to hold the responsible party accountable.
• Prove Liability: Establish that the other party’s negligence directly caused your injuries and damages.
• Negotiate Aggressively: Push back against low offers and ensure the settlement reflects the full value of your current and future losses.
• Prepare for Trial: If necessary, your lawyer will be ready to take your case to court to fight for fair compensation.

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

If your car accident claim cannot be resolved through settlement, your case may proceed to court. During the trial, your lawyer will present evidence to prove the at-fault driver’s negligence, including:

• The driver’s breach of their duty of care
• How their actions caused your injuries
• The financial and non-financial damages you suffered

Your attorney may call witnesses, such as medical experts and accident reconstruction specialists, to strengthen your case. Evidence like the crash report, photos, and medical records will also support your claim.

The at-fault party’s lawyer or insurance representative may challenge your evidence, and both sides will present arguments before a judge or jury.

If the court rules in your favor, you’ll be awarded compensation for your damages. A car accident lawyer in Lafayette will ensure your case is prepared thoroughly and your rights are protected throughout the process.

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.

How Do I Get a Car Accident Report?

When you need to prove negligence, your car crash report is essential. You can obtain a copy of your police report from the station nearest the accident scene or your state’s highway patrol office.

Be prepared to pay a nominal fee for your report and obtain a copy for your files and one for your legal team. Filing a car accident report immediately is important if either insurance company requires it.

An accident report contains valuable information like eyewitness accounts and police officer observations. Therefore, do not overlook the importance of sharing your official crash report with the car accident lawyer representing you.

What Are the Main Types of Car Accident Claims?

Filing a claim is one of the most common paths of pursuing compensation after a collision. Several factors will determine the type of claim best suited for your case, including liability and the damages sustained.

Our car accident attorneys in Lafayette can help determine liability in a car crash case and support you when filing a claim. Moreover, we will always represent your best interests before insurance companies.

Liability Claim Against Another Driver

If you were involved in a collision, you would likely need to file a claim against the motorist who caused the incident. This is the most common type of claim for traffic accidents. In certain cases, more than one party might be liable.

Your lawyer can help identify all at-fault parties and prove the defendant’s negligence. For example, a Lafayette rear-end collision lawyer may help you build a claim if another driver strikes you from behind.

Uninsured or Underinsured Motorist Claim

If the at-fault party does not have insurance or has insufficient coverage, you have two primary options for monetary recovery. You can sue the at-fault party or get compensation from your insurer if you have uninsured motorist coverage.

You may also turn to your insurance provider for coverage if you have Personal Injury Protection (PIP) coverage as part of your policy. According to the Insurance Information Institute’s Insurance Basics research, it may also cover your expenses. A Lafayette uninsured motorist accident lawyer can help you learn more about this situation.

Wrongful Death

It is possible to file a claim for a fatal car accident. In addition, under Louisiana wrongful death laws, specific individuals could file a wrongful death lawsuit against the individual or entity responsible for causing their loved one’s death in a fatal car accident.

If you have lost a loved one in a car crash, our Lafayette fatal car accident lawyers are here to help.

What Happens if Another Car Causes Me to Crash?

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

Vehicle wrecks involving more than one car can be particularly complex. Determining fault and liability, establishing proof, and fighting for monetary compensation may be time-consuming.

A personal injury lawyer familiar with the state laws can help you understand your rights and responsibilities.

What Is Comparative Fault, and How Does It Work?

The laws about contributory negligence are particularly important in a collision involving multiple vehicles. Your lawyer can explain how those laws impact your financial recovery and guide you through the process.

Louisiana operates on the comparative fault law, which reduces compensation based on your percentage of fault. For example, if the court determines that you are 20% at fault, you will be awarded 80% of your total damages.

This means that even if you share some responsibility for the accident, you may still recover compensation. A personal injury lawyer can assist you in proving the other driver’s negligence, minimizing your percentage of fault, and securing the maximum financial recovery you deserve.

Can I File a Car Accident Injury Claim for My Child?

Yes. As your child’s parent or legal guardian, when your child suffers an injury in a car crash, they still have the right to financial compensation, the way an adult would. However, because they cannot advocate for themselves, it will be up to you and your attorney to ensure your child is compensated fairly for their suffering.

If you have questions about how to do so, one of our lawyers can help. We’ll ensure you get the legal representation you need for you and your child’s injuries.

What Should I Expect From the Insurance Claims Process?

The insurance claims process can be one of the most challenging aspects of your car accident claim. Unfortunately, insurance companies tend to prioritize their financial interests over the best interests of their claimants.

Louisiana follows a fault-based system for car accidents and insurance purposes. After your car accident, you must file a claim with the liable party’s insurance provider. The insurance adjuster will likely be polite and ask you to give them a statement.

We recommend you refrain from speaking with the insurance company until you retain a legal advocate. Insurance companies are known for their unscrupulous tactics. If you hope to protect yourself from being taken advantage of during this difficult time, have your experienced attorney handle all communications with the insurance company.

Frequently Asked Questions

Following a traffic accident, you likely have questions about your experience. As personal injury lawyers, we believe in offering victims guidance in processing traumatic events and rebuilding their lives. Here are some common questions people ask:

What Are the Main Causes of Car Accidents in Louisiana?

Car accidents caused by distracted drivers, drunk driving, or acts of negligence can lead to severe consequences, including catastrophic injury, burn injuries, or spinal cord injury.

Common injuries often require ongoing therapy, and financial losses can quickly escalate. Whether you’re dealing with a careless driver, a drunk driver, or drowsy driving, it’s essential to understand your legal options.

Some of the primary causes of car crashes in Louisiana include:

• Distracted Driving: Activities like texting, talking on the phone, eating, or adjusting the radio divert drivers’ attention from the road, leading to accidents.
• Speeding: Exceeding the speed limit reduces reaction time and increases the severity of collisions.
• Driving Under the Influence (DUI): Alcohol or drug-impaired driving is a significant cause of fatal and severe accidents in Louisiana.
• Reckless Driving: Actions like tailgating, weaving through traffic, or ignoring traffic signals put everyone at risk.
• Weather Conditions: Louisiana’s heavy rain and frequent storms can create slippery roads and reduce visibility, leading to crashes.
• Poor Road Conditions: Potholes, uneven pavement, and inadequate signage contribute to accidents, especially in rural areas.
• Failure to Yield: Many accidents occur at intersections when drivers fail to yield the right of way.
• Fatigued Driving: Driving while tired can impair reaction times and lead to dangerous mistakes.
• Defective Vehicles: Malfunctioning brakes, tires, or other parts can cause accidents.
• Unlicensed or Inexperienced Drivers: Drivers who lack proper training or experience may struggle to handle challenging traffic situations.

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

Yes, you should seek immediate medical attention after a car crash, even if you do not feel injured at the scene. Some injuries may not show symptoms right away due to adrenaline or delayed onset, and early evaluation by a medical professional can identify hidden injuries before they worsen.

This is especially important because a car accident may result in injuries that aren’t immediately noticeable. For example, commonly reported injuries that might not be readily apparent include:

• Whiplash: Neck strain caused by the sudden jerking motion of the crash, which may take hours or days to develop pain or stiffness
• Concussions: Mild traumatic brain injuries that can cause headaches, dizziness, or confusion, often appearing after some delay
• Internal Bleeding: Life-threatening injuries to internal organs that may not present symptoms until hours later
• Soft Tissue Injuries: Damage to muscles, tendons, or ligaments that can result in pain or swelling over time
• Spinal Injuries: Damage to the back or spine that may cause gradual discomfort, numbness, or mobility issues

Delaying treatment for car crash 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 necessary form of evidence by proving that your injuries directly resulted from the crash.

Seeking prompt medical attention not only protects your health but also creates a medical record linking your injuries to the accident. This documentation can be crucial if you pursue a personal injury claim later.

If you’ve been in an accident, consult a Lafayette car accident lawyer for advice on protecting your rights and securing fair compensation.

When Do I Need a Lafayette Car Accident Lawyer?

It is always a good idea to take advantage of a free consultation to find out if a personal injury law firm can help after an accident. If the law firm can’t do anything to improve your outcome, they will tell you. However, certain situations indicate you probably need an attorney:

• You’ve Been Injured: If the accident caused physical injuries, especially severe or long-term ones, a lawyer can help you calculate damages, including medical bills, lost wages, and pain and suffering.
• Fault Is in Dispute: When the other driver or their insurance company denies responsibility, a lawyer can gather evidence, such as police reports and witness statements, to prove liability.
• You’re Offered a Low Settlement: Insurance companies may offer a quick settlement that doesn’t cover all your damages. A lawyer can negotiate for fair compensation.
• The Case Involves Complexities: Multi-vehicle accidents, uninsured drivers, or government liability require legal expertise to navigate.
• You’re Unsure About Your Rights: If you’re unsure how to proceed after the accident, a lawyer can provide guidance to avoid costly mistakes, like admitting fault or missing deadlines.

Whether you’re dealing with a careless driver, a drunk driver, or drowsy driving, it’s essential to understand your legal options.

Hiring an experienced car accident attorney as soon as possible ensures that your case is handled properly, evidence is preserved, and your rights are protected from the start.

What Damages Can I Recover After a Motor Vehicle Accident?

Traffic accidents can lead to extensive economic damage. This includes tangible losses suffered by the injured party. These damages can be overwhelming for victims and their families, who may have to bear the financial burden of these costs. Recoverable economic damages include:

• Current and anticipated medical bills
• Current and anticipated loss of wages
• Costs of car repairs
• Property damage

A legal expert can use the available evidence to show the extent of your losses. You can help by gathering any documents showing accident-related expenses. A paper trail can help your attorney build a strong claim.

Non-Economic Damages

This category involves subjective, non-monetary losses. Since these damages are personal, it can be challenging to prove them. However, you can translate your unique experiences into quantifiable losses with legal assistance.

You may access compensation for the following non-economic damages:

• Physical pain and suffering
• Emotional trauma
• Loss of enjoyment
• Loss of consortium

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 a result of your injuries.

You may only receive pain and suffering damages if your injuries meet specific criteria. To prove non-economic damages, your lawyer may heavily rely on witness testimony.

Hearing statements from different people will help prove how your injuries affected different areas of your life. If a car accident left you with ongoing physical pain and suffering, an accident injury lawyer in Lafayette could help you calculate its value.

Punitive Damages

A court awards punitive damages as a punishment to wrongdoers and as a deterrent. These are usually awarded in cases involving intentional misconduct or gross negligence.

While only a few cases qualify for punitive damages, a lawyer can help determine your eligibility. Furthermore, the amount awarded will largely depend on the unique facts of each case.

What Is the Statute of Limitations for a Car Accident Claim in Louisiana?

As of July 2024, Louisiana law has extended the statute of limitations for filing a car accident claim. Under Civil Code Articles 3493.11 and 3493.12, delictual actions (such as personal injury or property damage claims arising from a car accident) are now subject to a two-year liberative prescription period, starting from the date the injury or damage is sustained.

• Personal Injury Claims: If you were injured in the accident, you now have two years from the date of the crash to file a lawsuit and seek compensation for medical expenses, lost wages, and pain and suffering.
• Property Damage Claims: Claims for vehicle or other property damage must also be filed within the two-year period.

Failing to file within the two-year statute of limitations will likely result in your case being dismissed. To protect your rights and ensure timely action, consult a Lafayette car accident lawyer immediately after an accident. They can navigate the legal process and help you secure the compensation you deserve.

Contact a Lafayette Car Accident Law Firm Today for a Complimentary Consultation

Car accidents can result in significant financial losses, bodily injury, and even wrongful death claims. Our experienced lawyers can guide you through filing a legal claim, handling your insurance policy, and pursuing fair compensation.

You do not have to fight for financial compensation alone. You can get the legal advice and representation you need with no upfront cost.

Contact Laborde Earles to find out how hard our car accident lawyers work to ensure the best possible outcome for car accident injury victims. Call our accident attorney team today to schedule a free initial consultation.