If you or a loved one was involved in an accident and the issue of liability or fault for the accident is not clear, accident reconstruction may help.
A New Orleans accident reconstruction lawyer from Laborde Earles Injury Lawyers may be able to recreate the circumstances of the accident and use this reconstruction to help you pursue financial compensation for your damages. Call our office today at (504) 777-7777 for a free case review.
Elements Needed to Recover Compensation Through an Injury Claim
Between the costs of medical treatment and other financial losses such as lost income from missed work, an injury-causing accident can represent a significant financial burden.
A personal injury claim or lawsuit allows an injured person to seek financial compensation for the damages or financial losses stemming from an accident. They may also receive compensation for non-financial losses, such as pain and suffering.
The defendant in a car accident case is often another driver, but the defendant may also be:
- A city, state, or other government entity
- The manufacturer or designer of a defective vehicle
- The owner of the vehicle
- A trucking company
- A rental car company
Collaborating with accident reconstruction experts is especially useful after a hit and run. When the responsible party flees the scene, piecing together the events leading to the accident becomes challenging. Our New Orleans hit and run accident lawyers will use all available evidence and consult specialists to build a strong case for you.
To win a personal injury or wrongful death case that is based on negligence, you must prove that four main elements are present:
Duty of Care
The defendant owed a legal duty of care to the plaintiff. In other words, the defendant had a legal obligation to act with a certain level of concern for the safety of others. The specific duty expected of a defendant varies. For a driver, “duty of care” means being attentive while driving and following Louisiana traffic laws.
For a vehicle parts manufacturing company, it means ensuring that vehicles do not contain defects that may present a safety concern. For a city or county, it means ensuring that roads do not contain unreasonable hazards that could lead to injury.
Breach of Duty of Care
The defendant failed to uphold the legal duty. The defendant may breach their duty of care by acting recklessly or carelessly or by failing to act. The defendant failed to uphold the legal duty. The defendant may breach their duty of care by acting recklessly or carelessly or by failing to act.
For example, if the other driver was intoxicated at the time of the crash, this counts as a breach of duty. A New Orleans drunk driving accident lawyer from our team will help you prove that the defendant was driving under the influence.
Causation
The plaintiff sustained injuries as a result of the defendant’s actions. The plaintiff in a personal injury case has the burden of proving the causal relationship between their injuries and the defendant’s conduct.
Damages
The plaintiff suffered damages as a result of their injuries. Damages include medical expenses, lost wages from missed work, and more.
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.
ClientHow Accident Reconstruction Can Strengthen Your Case
Accident reconstruction is a process during which various scientific methods are used to determine how and why an accident occurred. When the cause of an accident is unknown, or the at-fault party refuses to accept responsibility for an accident, accident reconstruction can provide valuable insight.
An accident reconstruction analyst may also provide expert testimony during a personal injury trial. Accident reconstruction involves:
- Interpreting evidence and data gathered after the accident
- Using this data to better understand exactly what happened immediately before and during the accident
- Recreating the accident using computer animation or physical representations
- Utilizing the reconstructed accident to explain how the accident occurred
Evidence that Can Be Uncovered During Accident Reconstruction
Accident reconstruction is often used in car accident injury cases in which fault for the accident is unclear. By recreating the accident, the plaintiff’s attorney can present a strong argument regarding the cause of the accident and who is to blame for the accident.
Evidence that may be used to recreate an accident includes:
- Photographs of the accident scene
- Damage to vehicles and surrounding structures at the accident scene
- Video footage from surveillance cameras, red-light cameras, dashcam, or other sources
- Data from vehicle black boxes or crash data recorders (CDRs)
- Information about the weather and road conditions at the time of the accident
- Physical evidence such as the location and length of skid marks
- Statements from eyewitnesses to the accident
A New Orleans accident reconstruction lawyer from Laborde Earles Injury Lawyers may work with accident reconstruction experts, forensic engineers, and other professionals to build the strongest case possible. Call us today at (504) 777-7777 for a free case review.
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 | ClientCompensation to Which You May Be Entitled
The amount of compensation that an injured person may be entitled to receive after an accident is largely determined by the damages that the injured person sustained.
Through a personal injury claim or lawsuit, you may be able to recover compensation for:
- Medical bills as well as future medical costs related to ongoing medical treatment for your injuries
- Past and future lost wages from missed work
- Diminished earning capacity
- Property damage
- Disability
- Non-economic losses including physical pain, mental suffering, disfigurement, and loss of enjoyment of life
Wrongful Death Damages in Louisiana
A wrongful death case can be thought of as a personal injury case that is brought on a deceased person’s behalf. If you have lost a family member in a fatal car accident, you may be able to hold the liable party accountable and receive compensation for your damages via a wrongful death claim or lawsuit under Louisiana Civil Code (CC) §2315.2.
Damages in a wrongful death claim often include:
- The decedent’s lost income
- Funeral and burial costs
- The loss of the decedent’s household services
- Property damage
- Medical bills
- The decedent’s pain and suffering
- The surviving family’s loss of the decedent’s companionship, care, and emotional support
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDon’t Miss Important Deadlines in Your Case
If you were injured in a car accident or you have lost a loved one in one, you may be able to recover financial compensation for your damages. However, your case is subject to certain deadlines.
According to CC §3492, there is a two-year statute of limitations for personal injury lawsuits in Louisiana. For wrongful death lawsuits, CC §2315.2 imposes a two-year statute of limitations as well.
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.
ClientCall Today for a Free Consultation
Accident reconstruction can be a valuable strategy in a personal injury case. If you or your loved one was harmed in a car accident, a New Orleans accident reconstruction lawyer from Laborde Earles Injury Lawyers may be able to help. Call our office at (504) 777-7777 today for a free, confidential case assessment.
