Louisiana State University (LSU)’s Center for Analytics & Research in Transportation Safety reported that more than 75,000 people were hurt on Louisiana roads in 2021. If you were injured in a Milton, LA, car accident, you might be able to pursue monetary 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 the fair compensation 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 Negligence in a Car Crash
We cannot sue every driver in the collision. We must establish legal responsibility before we can take action against someone. Possible liable parties in a car accident could be:
- Drunk drivers
- Distracted drivers
- Aggressive drivers
We have to prove all four of these factors of negligence against the at-fault driver:
Duty of Care
The person we hold responsible (the defendant) must have owed you a legal duty of care. Everyone who operates a motor vehicle on public streets has an obligation to drive safely and obey 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 their car as a result, exceeding the speed limit was negligent, and they breached their duty of care.
Causation
The other party’s careless actions had to be the cause of your accident to establish negligence. For example, if the defendant crashed into you because they were unable to control their car due to the excessive speed at which they traveled, their negligence caused your harm.
Quantifiable Damage
You must have measurable losses to go after money damages. Physical wounds satisfy this element of negligence.
Our car accident lawyer in Milton, LA can help you pursue compensation for your losses if we can prove all of these factors.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientTypes of Recoverable Damages in Milton Car Accident Injury Claims
After we talk to you and investigate your accident and injuries, we will evaluate the kinds of 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 damages our clients often pursue include:
- Lost income: If you missed out on wages, your salary, self-employment payment, or other forms of regular income because of the accident and your injuries, 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. Our car wreck lawyer can help you get compensation for future losses.
- 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 visits, doctor appointments, surgery, hospital bills, physical therapy costs, and pain management treatments.
- Long-term care costs: After a person has a devastating injury like spinal cord damage or a traumatic brain injury (TBI) 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. You can recover compensation for the pain and suffering you experienced because of your injuries.
- 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, loss of enjoyment of life, and post-traumatic stress disorder (PTSD). A lawyer from our car accident law firm can assign a cost to these damages to help you get compensated.
- 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.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDeadlines To File a Lawsuit in Milton, LA
You may decide that you want to file a lawsuit to reach a fair settlement. You won’t have forever to file your lawsuit. The personal injury statute of limitations, CC Art. 3492, gives you two years from the date of your injury to take action.
If your loved one passed away because of an auto accident, you have two years to file a wrongful death lawsuit. This timeframe is outlined in CC Art. 2315.2. You should not hesitate to seek legal help from our car accident attorneys.
If you miss these deadlines, you may lose your right to recover compensation through a lawsuit. The quicker you come to us for help with your lawsuit, the better. We can explain the statute of limitations to you and get your lawsuit filed according to the appropriate timeframe.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientPitfalls 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. They are 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.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientThree 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 monetary 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.
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
If you suffered injuries in a car accident that someone else caused, you are entitled to recover compensation. Don’t hesitate to reach out to our team with any questions you have about filing a claim or lawsuit.
Our Milton, LA car accident lawyers make it easy for you to get help navigating the legal process. Call Laborde Earles Injury Lawyers today for a free consultation or fill out our contact form. There is no obligation.
