When another person has caused your accident by texting and driving, driving while under the influence of alcohol or drugs, or other negligent actions, you may have a claim for compensation. A Mandeville car accident lawyer can negotiate with the insurance company on your behalf and help you ensure that you are claiming all available losses from your wreck.
While you are struggling to recover from your injuries, medical bills may be piling up and you may be unable to work temporarily or permanently. You should not be responsible for all these unexpected costs from the accident when another party is at fault. At Laborde Earles Injury Lawyers, we can evaluate your situation and determine whether you have a legal claim for compensation.
Negligence And Car Accident Claims
Holding another driver or other party responsible for causing your car accident requires that you provide evidence of negligence. Generally, negligence is the failure of a driver to act reasonably under the circumstances. If a person in the same or similar position as the driver would have acted differently, then you may be able to prove that the person was negligent in causing your accident.
Proving that a driver was negligent requires proof of four separate elements:
- The person owed you a duty of care to follow traffic laws and drive safely for the benefit of others.
- The person breached that duty of care by violating traffic laws or committing other acts that were not reasonable under the circumstances.
- The negligent actions of the person caused the accident that injured you.
- You suffered measurable losses as a result of the accident or costs related to your injuries.
Evidence of negligence can consist of police reports, witness statements, and your recollection of the accident. You also likely will need to produce evidence to document your losses, including medical bills, your medical records, and repair estimates for your vehicle. If we can provide proof of each of these four elements in your car accident, we may be able to seek compensation from the parties whose negligence led to your accident.
Compensation For Your Injuries
Getting compensation for your injuries can be critical when you are injured in a crash. Some of the types of compensation or damages that you might be able to pursue may include:
- Reasonable costs of any medical treatment related to your injuries, including ambulance and emergency room bills, surgical costs, doctor office visits, and rehabilitation expenses
- Lost income from times that you were unable to work due to your injuries
- Non-economic losses, such as pain and suffering, permanent scarring and disfigurement, and loss of enjoyment of life
Gathering evidence of all aspects of your claim and assigning value to it is an essential part of the insurance claims process. The value of a car accident claim may vary considerably according to the severity and permanency of your injuries.
Handling the Insurance Companies
The only goal of the insurance company for the at-fault party in a car accident is to pay as little on your claim as possible. Getting legal advice about your situation can be the most effective way to ensure that you receive a full and fair settlement offer from the insurance company.
Legal counsel also can present all your available legal options and explain them thoroughly. Together, you can decide on the options that make the most sense for you and your family as you continue to recuperate from your injuries.
The Statute of Limitations On Car Accident Claims
If you want to seek compensation for your injuries following a car accident, CC §3492 generally gives you only one year from the date of your accident to file your claim. This strict deadline or statute of limitations is very limited, so seeking out legal counsel as quickly as you can following your accident can be crucial.
If you fail to file your claim within the statute of limitations, you will lose the right to pursue any compensation for your losses. Personal injury claims can take time and require a great deal of investigation and evidence.
Any delays in getting legal advice can be harmful to your claim and the ultimate settlement that you may receive. Therefore, you should not hesitate to get legal advice right away after you have been injured in a car accident.
Call Our Attorneys For Help Today
While you can try to handle your car accident claim on your own, it can be a very challenging process. A Mandeville car accident lawyer can help you avoid mistakes that might lead to a lower settlement amount for your claim. We can negotiate directly with the insurance company to resolve your claim.
Call us today at (337) 777-7777 and get more information about how you can pursue compensation for your injuries.