Marksville Car Accident Lawyer

Establishing Liability for Car Accidents in Marksville

To recover fair compensation after your Marksville car accident, your lawyer will need to prove that someone else’s conduct or negligence is responsible for causing your injuries. Car accident claims can often be complex, since so many parties could share fault for the collision. 

You might have assumed that the vehicle driver who hit you is at fault. This may be the case if the driver was engaging in unsafe driving practices. Some of the types of negligent driving known to cause car accidents in Marksville include:

• Speeding
• Following too closely
• Failure to stop
• Failure to yield to the right-of-way
• Making illegal turns
• Road rage
• Failure to use a turn signal
• Distracted driving
• Driving under the influence of drugs or alcohol
• Drowsy driving

You may be surprised to learn that other parties could share fault for your car accident in Marksville. For example, if the roadways were dangerous or hazardous in some way, the Louisiana Department of Transportation and Development (DOTD), the city of Marksville, or other government agencies could share liability. This is because they have an obligation to maintain the integrity and safety of the roadways.

It’s also possible that a vehicle part malfunctioned in one of the involved motor vehicles. If this is the case, multiple parties may share culpability, such as auto parts designers, manufacturers, distributors, motor vehicle dealers, safety inspectors, maintenance technicians, and other third parties.

Expect your car accident lawyer to conduct a thorough investigation into the circumstances of your case. In doing so, we will gather the evidence needed to prove that the defendant in your case is liable for the injuries you sustained and therefore responsible for compensating you accordingly.

Louisiana Comparative Negligence Laws

While discussing liability for your car accident in Marksville, your attorney will need to determine whether you share fault for causing the accident or your injuries. If you were not wearing your seatbelt, texting while driving, speeding, or are otherwise partially at fault for the accident, you may still be able to recover compensation for your damages, but your compensation will be reduced.

After reviewing the details of your case, the judge will assign a percentage of fault to you. You can expect your injury settlement to be reduced by this percentage to account for your portion of liability. 

For instance, if you were not wearing your seatbelt when a drunk driver struck you, the judge may find you 10% responsible for your injuries. If you are awarded $100,000, your injury settlement would be reduced by 10%, leaving you with a $90,000 car accident settlement. 

Learn more about how Louisiana shared fault laws found in CC Art. 2323 could affect your compensation when you contact your lawyer to discuss your case’s details.

Common Car Accident Injuries to Sue for

Many people are unsure whether their injuries are severe enough to warrant a car accident claim. There are virtually endless types of injuries you could sue for following a car accident in Marksville, some of which include:

• Traumatic brain damage
• Spinal cord injuries
• Whiplash
• Concussion
• Broken bones
• Emotional injuries
• Loss of limbs

We Can Work With the Insurance Company so You don’t Have to

In some cases, the person responsible for causing an accident will acknowledge that they are at fault. However, that does not mean their insurance company will agree on the amount they owe you. In these cases, an Avoyelles Parish car accident attorney from our team can negotiate with the insurance company or their attorneys to reach an agreement.

Negotiating with an insurance company by yourself can be challenging. While most injured drivers are not familiar with the process, insurance adjusters spend their days haggling over the value of these claims. This puts the injured driver at a serious disadvantage.

One of the common tactics insurance companies use is to quickly make a low offer, which is often just enough to cover the direct costs related to an accident, like emergency room visits or rental car expenses. However, these payments rarely provide enough to cover an injured driver’s long-term medical costs. In fact, it is often the goal of the insurance company to secure a settlement before a driver even knows the full extent of their injuries.

We Could Help You Build a Strong Case

If you were in a car accident and suffered injuries or property damage, you may have many questions about your legal options. You could be wondering if you can recover compensation for your injuries or the damage to your car. You might also be unsure how best to pursue a claim and what the legal process looks like.

When you work with our team, a Marksville car accident lawyer could help you with these questions by giving you the information and resources you need to decide whether to file a claim. We will also:

• Look into the accident to collect evidence of fault and liability
• Construct a case that proves another party owes you damages
• Evaluate your damages to arrive at a fair case value
• Interview witnesses who were at the scene to corroborate your claims
• Negotiate with the liable party’s insurance company
• Keep track of your filing deadline and initiate a lawsuit if necessary

Our ultimate job is to advocate for your recovery of damages after a collision. You deserve support during this challenging period.

We’ll Be There for You if Your Case Goes to Trial

If an injury claim does not settle, it may go to trial. At trial, the injured person has an opportunity to plead their case before a jury of their peers. If the jury sides with the injured person, they will receive a monetary judgment in an amount decided by the jury. However, if they rule in favor of the defendant, the injured person will get nothing.

Types of Damages You May Be Able to Collect in a Car Accident Lawsuit

Generally, a Marksville car accident lawyer from our firm may be able to help you collect the following damages in a civil lawsuit:

• Medical expenses and other healthcare costs
• Lost wages due to missed work
• Compensation for future inability to work
• Intangible losses, such as pain and suffering

The exact damages from a vehicle collision will vary, so we have further broken down these categories below to provide more insight.

Medical Expenses from Your Injuries

In some instances, a car accident victim may sustain physical injuries that result in significant healthcare costs. They may also need ongoing medical care or rehabilitation after they return home. Such medical care often includes physical therapy, assistive medical devices, or temporary or permanent nursing care in the case of extreme injuries.

For example, if a car accident victim suffers a broken leg and needs to pay for physical therapy sessions to regain strength in that leg, they may be able to collect compensation to cover that physical therapy. Our team can calculate all of your medical expenses based on invoices, bills, and records from your doctors.

Lost Wages During Recovery

In some cases, car accident victims cannot return to work immediately following their accident. They may need to spend time in the hospital and additional time recuperating at home. In these cases, a car accident victim may be able to recover damages for their lost wages.

Additionally, if an individual is temporarily or permanently disabled due to their injuries, they may be able to collect compensation for future living expenses. A Marksville car accident attorney from our team can provide further information and assistance in claiming and collecting damages for lost wages.

Non-Economic Damages

A successful car accident case can compensate for emotional and intangible damages like pain and suffering, loss of consortium, and loss of enjoyment of life in addition to physical damages.

To calculate the extent of these losses in your case, we may:

• Interview your friends and family about your post-accident life and how it compares to your life before the accident
• Ask you to talk about how the injuries have impacted your daily activities
• Examine your long-term prognosis and any lasting effects of your injuries

The Prescriptive Period for Car Accident Lawsuits in Louisiana

In Louisiana, someone who is in a car accident generally has one year to file a lawsuit to recover damages, according to Louisiana Civil Code (CC) §3492. This time period begins from the date of the damage or injury. A similar deadline applies to wrongful death cases, though the window begins from the date of the victim’s death.

The one-year time limit applies to legal claims for both physical injury and property damage. Due to this relatively short timeframe, we advise any individual considering filing a lawsuit after a car accident to contact our team right away. The support of a Marksville car accident lawyer can be most beneficial when they begin your case as soon as possible. Otherwise, you may encounter the following obstacles:

• Crucial evidence from the scene may disappear, such as video footage
• Witnesses may forget important details
• The court can dismiss your case if you file past the deadline

Reach Out to Our Law Firm for All Your Legal Needs After a Car Accident in Marksville

If you decide a lawsuit is right for you, an attorney from Laborde Earles Injury Lawyers could represent your interests and work with you to protect your rights.

For assistance with any legal issues arising from your car accident, do not delay. Contact us today and receive a free consultation.