Lafayette Car Accident Lawyer

What Does a Car Accident Lawyer Do?

A car accident lawyer handles many aspects of your compensation lawsuit, which allows you to focus primarily on your physical recovery. On your behalf, your lawyer may:

• Prove the at-fault driver’s negligence
• Read and review your crash report
• Build a solid evidence file
• Assign an accurate value to your lawsuit
• File your lawsuit in a timely fashion
• Negotiate a favorable financial settlement

The Insurance Information Institute (III) recommends calling the police to the accident scene to generate a crash report. Doing so may allow your lawyer to glean important details from your report and contact all involved parties. Parties may include witnesses who may support your version of how the collision happened.

Your crash report may also inform your legal team about whether distractions, drugs, alcohol, traffic violations, or road conditions contributed to the collision.

Is It Worth Hiring a Lafayette Car Accident Attorney?

State laws allow you to seek financial compensation from an at-fault driver without legal help. However, hiring an attorney might be worthwhile. Experienced car accident lawyers in Lafayette could help you prove the legally required elements of negligence that entitle you to financial compensation.

You can strengthen your claim by exchanging information with the at-fault driver at the collision scene, including information about their insurance provider. You should also collect contact information from people who witnessed the accident.

You can provide your medical records, paycheck stubs, and injury photos to assist your lawyer in valuing your injuries and associated expenses.

What Is the Average Settlement for a Car Accident?

Due to the various factors involved in a car crash, the average settlement is impossible to determine. Factors contributing 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 anguish and loss of consortium

You may also be entitled to have your vehicle replaced or repaired at a repair shot of your choice. If your car is totaled, you can also have its value independently assessed instead of accepting the insurance adjuster’s initial offer for its value.

What Damages Can I Collect for a Car Accident?

Recoverable damages from a motor vehicle accident usually include economic and non-economic damages.

Economic damages are fixed expenses with costs easily provable with bills and receipts. Non-economic damages are unfixed and intangible, as they have a physical and psychological impact on your well-being. In rare cases, you may also access punitive damages.

Our firm’s experienced car accident attorneys in Lafayette can help you access recoverable damages. We’ll make sure to hold the negligent parties accountable for their actions.

Economic Damages

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, with legal assistance, you may translate your unique experiences into quantifiable losses. You may access the following non-economic damages:

• Physical pain and suffering
• Mental and emotional anguish
• Loss of enjoyment
• Humiliation

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, per the III. To prove non-economic damages, your lawyer may heavily rely on witness testimony from your loved ones and work colleagues. 

Hearing statements from diverse individuals will help prove how your injuries affected different areas of your life.

If a car accident left you with ongoing physical pain and suffering, a car accident lawyer in Lafayette could help you calculate its value.

Punitive Damages

A court awards punitive damages as a punishment to wrongdoers and 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.

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

After a car crash, a Lafayette personal injury attorney could speak with adjusters from the at-fault party’s insurance company and yours. They can obtain, complete, and submit the required forms, establish the at-fault driver’s liability, and negotiate for a favorable financial settlement.

An auto accident lawyer can also help you collect the following necessary information:

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

Your lawyer will submit evidence and witness statements substantiating your right to recovery by proving the at-fault driver’s negligence. 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 decide to accept or reject a financial settlement. The timeline for negotiations may depend on how long it takes:

• To prove the at-fault driver’s liability.
• To discover expenses and losses.
• For you to view an offer as acceptable.

A fast financial settlement could leave you with unexpected costs. Be careful before accepting an offer from an insurance company. Your lawyer can help assess the value of your lawsuit before a trial or settlement negotiation.

Who Is Liable for a Car Accident?

Several parties might be responsible for your injuries if you were injured in a car crash. Based on the circumstances of your case, 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

If your policy includes underinsured (UIM) motorist protection, you can seek additional coverage if the at-fault driver’s policy limit does not cover your costs. You have limited time to act regardless of who you sue for compensation.

Louisiana has a statute of limitations that dictates the filing deadline for a personal injury lawsuit. With sufficient notice, your Lafayette car crash lawyer can ensure you file your claim within the deadline.

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

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

• Call the local police to the scene to generate a crash report
• Take photos of your vehicle, injuries, and the collision 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 include contact information for all involved parties, accident-related bills, and statements proving your income loss and property repair costs.

Your crash report may contain crucial details and information that help establish the collision cause and support your right to compensation. Photos may also detail the immediate aftermath 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 may contact you and try to twist your words to make it seem like you were not seriously injured. If they reach you, direct them to your lawyer, so your lawyer can help you protect your rights after a car accident.

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

Louisiana laws state you only have one year to file a personal injury claim. However, certain circumstances can impact the deadline. Your lawyer could help you define the statute of limitations affecting your lawsuit.

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

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

Due to the challenges the statute of limitations may bring, our legal team can help you understand and comply with the law if you contact us in time.

If you file your lawsuit on time, you may collect the maximum 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.

Do You Always Get a Settlement From a Car Accident?

No, car accident lawsuits do not always end with a settlement. However, a personal injury lawyer will do their best to negotiate a settlement by:

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

To prove negligence, your lawyer must prove duty, breach, cause, and damages. To demonstrate the value of your lawsuit, your lawyer will likely have to prove your medical care’s current and ongoing costs, the total value of your lost income, and the cost to repair or replace your car.

They may also have to prove and assign a value to your pain and suffering, inconvenience, and emotional distress.

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

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

You and your lawyer must prove the at-fault driver’s negligence when you cannot resolve your car crash with a financial settlement and end up in court. 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 the following:

• The car accident report
• Photos and videos
• Medical records and bills
• Witness testimony

To protect your right to go to court if you cannot reach 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 dismissed immediately.

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 to 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.

It’s important to file a car accident report immediately if either insurance company requires it. An accident report contains valuable information like eyewitness accounts and police officer observations. 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 with 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 will 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.

Uninsured/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 III’s Insurance Basics research, it may also cover your expenses.

Wrongful Death

It is possible to file a claim for a fatal car accident. Under Louisiana wrongful death laws, specific individuals may have the authority to 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 are interested in learning more about pursuing a wrongful death claim in Lafayette, our lawyers are ready to help.

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

If you or a loved one were injured in a car crash, you might be entitled to financial compensation from the at-fault driver. You may also be entitled to seek compensation alone. When you entrust your potential lawsuit to a car accident lawyer, they 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 breached their duty of care
• Confirmation that their actions led to your injuries
• Proof of the financial cost of your injuries and related expenses

To establish your right to recovery and the potential monetary value of your lawsuit, your lawyers may look for collision-related documents, including insurance claim forms, your crash report, and contact information for the at-fault driver. They may also seek additional information to support your personal injury lawsuit.

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. 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 after this type of event.

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. 

Louisiana operates on the comparative fault law. According to Louisiana laws, compensation decreases by the percentage of your fault.

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

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 your 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. 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.

What Are the Main Causes of Car Accidents in Louisiana?

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

• Cell phone use
• Traffic delays
• Driving under the influence of alcohol or drugs
• Road conditions
• Driving too fast for road conditions
• Aggressive driving
• Distracted driving
• Reckless driving

If any unsafe driving behavior listed above led to the accident you were involved in, your lawyer could prove negligence 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 to prove the collision’s cause. According to Louisiana Revised Statute § 32:398, a crash report is mandatory in Louisiana if the accident results in injury, death, or significant vehicle damage.

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

If you or someone you love was injured in a car crash, the steps you take immediately following the event might help increase your financial compensation. You should start compiling evidence, including your medical bills, rental car receipts, crash report, and witness statements.

You should also immediately contact a Lafayette personal injury law firm’s car accident team. A lawyer from our firm 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

These tasks are not the only ways a lawyer can help you with your case. They are your legal advocate, and you can contact them immediately if you have any concerns about your case.

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

You should seek immediate medical attention if you are involved in a car crash, even if you do not feel injured at the scene. 

This is important because a vehicle wreck may result in injuries you may not immediately notice. Commonly reported car accident injuries that might not be readily apparent include:

• Internal injuries: According to Healthline, internal injuries, such as internal bleeding, might not be immediately visible and lack symptoms.
• Whiplash: Mayo Clinic research cites whiplash as a common car crash injury with symptoms that may not be apparent for several days.

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 your injuries directly resulted from the crash.

Please 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 police report, medical records, and bills to substantiate your injuries, prove their costs, and establish your right to fair compensation.

When Should You Get a Lawyer for a Car Accident?

The choice to hire a lawyer is yours. However, if you decide this is the best option, we recommend retaining one immediately after the accident. Involving a lawyer in your compensation lawsuit sooner rather than later can help ensure you file your lawsuit on time to comply with the statute of limitations.

As stated above, the statute of limitations determines how much time you have to file your lawsuit. If the time period expires, your ability to compel compensation from the at-fault party might also expire. 

In addition to timely filing of your personal injury lawsuit, getting a Lafayette car accident attorney right away may mean your lawyer has the time they need to:

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

Your lawyer’s goal is to prove the at-fault driver breached their 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 in Lafayette?

You may want a lawyer to represent you when you are injured in a car accident. Factors you may want to consider when looking for experienced lawyers include:

• Recommendations from previous car accident victims, especially 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 must prove the cause, cost, and effect of your car crash injuries, meaning they must prove the at-fault driver’s breach of your right to reasonable care. 

A good car accident lawyer may also ensure they accurately calculate your financial expenses and losses and file your lawsuit on time.

In addition, your lawyer can help you understand the timeline for filing an insurance claim, recognize a fair settlement offer, and secure a final payout. With a car accident lawyer advocating for you, you do not have to resolve your compensation lawsuit alone.

Let Our Legal Team Help You Fight for Financial Compensation

Our skilled team in Lafayette, LA, is committed to helping injury victims like you obtain monetary compensation. You do not have to fight for financial compensation alone. 

The auto accident attorneys at Laborde Earles will help you build a solid case and ensure it complies with all relevant filing deadlines.

Contact us to find out how hard our car accident lawyers work to ensure the best possible outcome for our injured clients. Call our accident attorney team today or fill out our contact form to schedule a free initial consultation.