If you were recently in an automobile accident in LaPlace, LA, and suffered an injury or loss, you may be a candidate for a personal injury claim or lawsuit. Car accidents fall under this category of law, and the LaPlace car accident lawyers of Laborde Earles Injury Lawyers have over 250 years of experience.
Instead of attempting to file your car accident claim, allow the top-rated personal injury lawyers of LaPlace, LA, to guide you through the process and inform you of your legal alternatives.
Understanding the Car Accident Lawsuit Process
Our legal team thoroughly investigates liability and builds a compelling case arguing why you deserve maximum compensation. We handle every aspect of the claims process on your behalf, from reviewing crash reports to negotiating with insurance companies to skillfully presenting your case in court if needed.
The details of the average car crash vary in many ways, but the general correlation in the insurance claim process consists of the following:
- Reporting the accident to insurance companies
- Investigating how the auto accident occurred
- Determining which party was at fault based on evidence
- Assessing the extent of vehicle damage and cost of repairs
- Documenting all wounds sustained by the injured party and the medical attention that was needed
- Calculating lost income from missed work due to injuries
- Submission of a demand letter to the negligent party’s insurance provider
- Negotiating with claims adjusters on compensation for damages
- Potentially filing a personal injury lawsuit if no fair settlement is reached
- Going through the discovery process and deposition of witnesses
- Presenting evidence of losses incurred due to accident
- Recovering damages through settlement or court award
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Common Types and Causes of Auto Accidents
Though all auto accidents go through a similar process for resolution, the legal matters behind each one could vary from the number of parties involved, if the drivers have adequate policy coverage, to the extent of injuries sustained.
Regardless, our legal office advocated for victims of the following common accident types:
- Car-bicycle accidents
- Car-18-wheeler accidents
- Fatal crashes
- Car-pedestrian accidents
- Car-motorcycle accidents
- Car-boating accidents
In each accident type, it is necessary to prove that an at-fault driver’s negligence caused your accident. Evidence will have to reveal what factors led to the accident in order for liability to be assigned.
For example, the following accident causes involve a violation of traffic law:
- Driving under the influence (DUI)
- Texting while driving
- Speeding
- Harassing another driver on the road
In each of these cases, the driver’s negligence first stems from not following traffic rules, whether on purpose or by accident. Your lawyer might argue that either the driver made a conscious decision to violate these rules or was not properly paying attention to realize they were being a negligent driver.
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The Average Damages Won in a Louisiana Car Accident Settlement
In car accident cases, damages can be divided into the following categories:
Medical Care Expenses
These damages encompass all costs related to medical care treatment or products you had to pay for when treating your injuries. They can range from emergency room costs to costs for prescription medicines. Some other examples include:
- Medical appointments
- Bloodwork and other lab tests
- Imaging exams, for example, X-rays and MRIs
- Surgeries
- Medical support devices (i.e., crutches, motor-powered wheelchairs, and neck braces)
You might also need additional medical treatment down the road, like follow-up surgeries. With severe injuries, the treatment plan your doctor creates could involve multiple stages. We can add the anticipated cost of these procedures to your injury claim.
Property Damage
If your vehicle was wrecked in the accident, you may receive compensation for the cost of repairs to fix it or for the vehicle’s value if it was totaled. In some cases, you may also receive compensation for valuable possessions inside the vehicle that were damaged.
Income Loss
If your injuries caused you to miss work or even lose your job, you may be compensated for the wages you lost up to your current status and wages you would have made had you not been injured. We can also factor in whether your injuries affected your earning potential if you had to take a lower-paying job.
Pain and Suffering
Some losses do not have a cost and might be hard to measure, yet the law still considers their impact on a victim’s life when valuing the compensation they are entitled to. If you experienced pain and suffering, your lawyer can help you add these losses to your case.
Additional Non-Economic Losses
Louisiana also holds the offending driver accountable by granting punitive damages if their actions were egregious enough. It is not commonly awarded, but an experienced car accident lawyer can identify early on if your case qualifies. Additionally, the following losses may be added to your settlement payout:
- Loss of consortium
- Loss of services
- Mental anguish
Keep in mind that pain and suffering and any types of non-economic losses do have a cap at $500,000, as stated in RS Art. 13:5106.
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Avoid Losing Your LaPlace, LA, Car Accident Claim
The precise value of your injury claim is not fixed at the time of the accident. Events can occur after the crash that affect the compensation amount you could pursue. Accident victims commonly ask:
Should I Give the Claims Adjuster a Recorded Statement?
These statements do not help your case, and they can harm it. Your words could get misconstrued. If the adjuster asks you for a recorded statement, let your car accident lawyer know. The adjuster can get all the information needed from your lawyer. When you have an attorney, the defendant and insurance company are not supposed to contact you directly.
Can I Post on Social Media After a Car Accident?
Your photographs and postings can be used against you. It is best to stay off of social media entirely until your claim is over, or at least do not post anything about the accident, your injuries, or the defendant.
How Long do I Have to File an Injury Claim After a Car Wreck in Louisiana?
Louisiana has a very short deadline for filing personal injury lawsuits. Negotiating with the insurance company does not extend the deadline. If your case does not settle and you do not file a lawsuit in court in time, the statute of limitations will forever bar you from getting compensation for your losses.
Should I Inform Anyone If I am Partially to Blame for the Car Accident?
While it is crucial to be honest when filing an accident report, it is never advised to admit fault for anything. Instead, the proper protocol is to give information for the adjuster to apply to the accident scene. Under Louisiana law, comparative negligence allows your settlement to be reduced by the extent of fault.
This means that your actual accident value will decrease if you are found liable in any way. Having a knowledgeable LaPlace, LA, car accident attorney will help you avoid jeopardizing your case and presenting evidence clearly so that the investigation will run smoothly.
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Three Things the At-Fault Party’s Insurer Will Not Tell You
The way that insurance companies stay in business and make a profit is by paying as little money as possible to people who get injured by their policyholders. Here are some things that the liability carrier is not likely to share with you:
- You will not get any more money after you settle your claim. If you end up needing additional medical treatment for your wounds, you will have to pay for those yourself. When you sign the settlement papers, they will include a waiver of the right to make any future claims from that car accident.
- The claims adjuster will know the dollar value of your injury claim because they have access to a massive database that tells them how much money juries awarded in similar cases. Our car accident team can determine an appropriate settlement range using jury verdict data.
- When you settle your injury claim, the insurance company does not pay your medical bills to your healthcare providers. All damages will come out of your settlement check. People who try to handle their claims without an attorney sometimes find out that they settled for less without a lawyer.
When you work with one of our car accident lawyers from the beginning, you will not have to worry about these things. We have your back.
What You Gain When Hiring a LaPlace Personal Injury Firm
After an accident, focusing on recovery should be your top priority. Legal issues can be complex and intimidating to navigate alone. An experienced injury attorney can provide invaluable guidance from your initial consultation onward.
With compassionate counsel fighting for you, compensation for injuries resulting from negligence is within reach. Our automobile accident claim services include:
- Reviewing the crash report to determine the immediate case details, including who the liable parties are.
- Investigating your accident to see if there is other information not written in the report and evidence we can use in your case.
- Strategizing how to prove the liable parties were at fault for the accident and your subsequent injuries.
- Filing legal paperwork on your behalf and reviewing documents sent to you.
- Communicating with all involved parties on your behalf.
- Dealing directly with the at-fault driver’s insurance company on your behalf so that you can focus on resting and recuperating from your injuries.
- Serving as your legal representative during negotiations or a trial case.
- Answering any questions you have throughout the litigation process.
Call Laborde Earles Injury Lawyers to Help You Prepare Your Case
After a car accident, call Laborde Earles Injury Lawyers to represent you in your case. You do not have to wait until your injuries are healed to start working with a LaPlace, LA, car accident lawyer, as our team is willing to handle your case from start to finish while you recuperate at home or in the hospital.
If you want a law firm that caters to your concerns, a member of our team is waiting to provide you with a free case review the moment you contact us.
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