Louisiana State University (LSU)’s Center for Analytics & Research in Transportation reported that more than 71,000 people were hurt on Louisiana roads in 2019. If you were injured in a Milton, Louisiana, car accident, you might be able to pursue money damages, but you might not be aware of everything that you need to know to go after the compensation that you deserve.
By working with an experienced Milton car accident lawyer from our firm, you can avoid traps that could rob you of the right to recover compensation. Our car accident team works tirelessly to get our clients every dollar they deserve. You do not have to go through the insurance claim and litigation process alone. Our clients know that they get to focus on resting and getting better because we are handling their legal matters.
Elements of Liability in a Car Crash
We cannot sue every driver in the collision. We must establish legal responsibility before we can take action against someone. We have to prove all four of these factors of liability against the at-fault driver:
Duty of Care
The person we hold responsible (the defendant) must have owed you a legal duty. Everyone who operates a motor vehicle on public streets has an obligation to drive safely and obey the traffic regulations.
Breach of Duty
It is negligence when a person’s behavior does not meet the legal standard. If the defendant was speeding and lost control of his car as a result, exceeding the speed limit was negligence.
Causation
Careless conduct must be the thing that caused the accident that hurt you. For example, if the defendant crashed into you because he was unable to control his car due to the excessive speed at which he traveled, his negligence caused your harm.
Quantifiable Damage
You must have measurable losses to go after money damages. Physical wounds satisfy this element of liability.
We can pursue compensation for your losses if we can prove all of these factors.
For a free legal consultation with a car accident lawyer serving Milton, call (337) 777-7777
Types of Money Damages in Milton Car Accident Injury Claims
After we talk to you and investigate your accident and injuries, we will evaluate the kinds of money damages we can pursue on your behalf. The specific categories of losses we can go after will depend on the unique facts of your situation. Every car accident injury claim is different. There is no “typical” dollar amount in these cases.
The types of money damages our clients often pursue include:
- Lost income. If you missed out on wages, salary, self-employment, or other forms of regular income because of the accident and your injuries, and we can include this financial hardship in your claim.
- Lost future earnings. Sometimes people cannot make as much money after getting hurt in a car accident as they did before the collision. You might have to reduce the hours that you work or take a position that pays less money because of chronic pain or diminished function.
- Medical expenses. Typically, one can recover the reasonable cost of the medical treatment needed for wounds suffered in a car accident from the at-fault party. These vary from one case to another, but can include things like the ambulance, emergency room, doctors, surgery, hospital, physical therapy, and pain management.
- Long-term care costs. After a person has a devastating injury like spinal cord damage or a traumatic brain injury from a collision, the individual might need daily assistance with medical treatments and personal care. The expense of a nursing home or specialized long-term care center can be exorbitant. The at fault party should have to pay this bill, not you.
- Pain and suffering. Getting your medical bills paid by the defendant does not compensate you for the physical discomfort you endured and the emotional distress you experienced. This category of money damages is in addition to the payment of your medical expenses.
- Other intangible damages. These losses do not always involve out-of-pocket expenditures. After having severe injuries from a collision, a person might have disfigurement from significant scars, the loss of enjoyment of life, and post-traumatic stress disorder (PTSD).
- Wrongful death. If your close relative died from car crash injuries, we might be able to pursue additional compensation on behalf of the legal beneficiaries.
You might have other categories of damages that we could pursue on your behalf. Our car accident injury team will explore additional possible losses for your claim.
Milton Car Accident Lawyer Near Me (337) 777-7777
Pitfalls That Can Decrease the Monetary Value of Your Injury Claim
Many traps exist that could cause the insurance company to deny your claim for compensation or pay you less money than you deserve. Here are a few examples of things to avoid after a Milton car accident:
- Negotiating with the adjuster for too long. Claims adjusters know the time limit for you to file a lawsuit for your losses. If that deadline passes, the insurer will not have to pay you anything. Some adjusters will string out the negotiations with people who try to handle their claims without a lawyer, hoping to delay the injured person past the point of no return.
- Posting on social media. Anything that you post online can get used against you. You might try to reassure your friends and family that you are feeling better after the accident, but the insurer can twist your words to mean that you are no longer in pain or experiencing problems from your wounds. Wait until after you wrap up the injury claim to post anything on social media.
- Accepting an early, lowball offer. The claims adjuster might tempt you with an offer of a quick settlement early on in the case. He is unlikely to inform you that you will have to pay all of your medical bills and other losses out of that one check. Many people find out too late that they should have received much more money.
- Giving a recorded statement. Insurance companies try to get injured people to answer questions while the insurer records the answers. The insurer does not do this to help you. The claims adjuster can take your words out of context and turn them into something you did not intend, to try to devalue your case.
A personal injury lawyer can help you avoid these potentially damaging issues. We will be happy to talk with you at no charge. Call a Milton car accident attorney with Laborde Earles Injury Lawyers today for a free, no-obligation consultation.
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Three Things to Do After a Milton Car Accident
Just as some actions can hurt your injury claim, other aspects can help protect your right to compensation. After getting injured in a Milton car accident, you might want to:
- Learn the monetary value of your claim. Your Milton car accident lawyer can calculate how much your injury case is worth. Many people merely ask their friends if a settlement offer sounds fair, but every claim is different, and all cases involve multiple factors. Your money damages are too important to take a shot in the dark.
- Complete your medical treatment. Until you complete your medical treatment, you do not know if you will have to endure chronic pain or other ongoing issues. If you settle too early and later discover that you will need an operation to heal correctly, you will likely have to pay for the surgery out of your pocket.
- Understand the documents you sign. When you enter into a settlement, you have to sign documents, including a waiver of any money in the future from that wreck. If more problems surface after you sign the waiver, the insurance company has no legal responsibility for those items.
You are working at a disadvantage when you try to get through your injury claim as a DIY project. You will have to battle an entire team of investigators, adjusters, and lawyers the insurer hires to fight your case. To even the playing field, you might want to consider working with a lawyer who is on your side.
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How You Can Afford to Hire a Milton Car Accident Lawyer to Handle Your Injury Claim
Many people assume that you have to be wealthy to hire an attorney to handle your legal matters. That is not the case with car accident injury claims or lawsuits. We handle these cases on a contingency fee basis. With this fee arrangement, you do not pay us any upfront legal fees.
We receive a percentage of the settlement proceeds or jury award at the end of the matter. With the pressure of medical bills on top of your lost wages, we do not feel that you should have to pay upfront legal fees.
How to Get Legal Help for Your Injury Claim
You only have a limited time to take legal action against the at-fault driver under CC Art. 3492. If you miss the deadline, you could lose the right to ever seek money damages for the harm you suffered.
Our Milton car accident lawyers make it easy for you to get help navigating the claims process. Call Laborde Earles Injury Lawyers today for a free consultation or fill out our contact form. There is no obligation.
Call or text (337) 777-7777 or complete a Free Case Evaluation form
