On average, a fatal accident occurs on a Louisiana roadway approximately once every 12 hours. While that figure is staggering, the number of collisions resulting in severe injuries is even higher. Car accidents may be an unavoidable danger on Opelousas roadways, but the good news is you could have some recourse against a negligent driver that collides with your vehicle.
If you suffered an injury in a car crash, a seasoned personal injury attorney could review your case to determine if you have a viable injury claim. If so, you could recover compensation by filing suit against the negligent driver who caused your injuries. To get started, contact an Opelousas car accident lawyer.
Establishing Fault in an Opelousas Car Accident Lawsuit
To obtain compensation in a car crash case, an Opelousas car crash attorney must establish that the defendant negligently caused the accident. To prove negligence, a plaintiff must establish four different elements:
- The defendant owed a duty to the plaintiff
- The defendant violated that duty
- The breach of the duty resulted in the plaintiff’s injuries
- The plaintiff’s injuries resulted in monetary damages.
Duty of Care
First, a plaintiff in an Opelousas car accident lawsuit must demonstrate that the defendant owed them a duty of care. This is rarely a major issue in car accident lawsuits, as every motorist owes a duty to drive safely.
Breach
The violation of the duty of care is the second necessary element. Whether or not the defendant breached their duty of care is a common point of contention in a car accident lawsuit. A breach can involve any violation of Louisiana traffic laws, including speeding, failure to yield, or running a red light. Another common example of a breach can be driving while overly fatigued.
Causation
An Opelousas car accident lawyer must prove more than the existence of the duty and a breach. Additionally, they must establish that the defendant’s breach of the duty of care caused the accident and the resulting injuries.
Damages
Finally, a plaintiff must show that the injuries they suffered resulted in damages. This means that violating the duty of care on its own is not enough to require monetary compensation. If a plaintiff was not damaged, they have to right to seek compensation from the other driver.
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.
ClientDamages in a Car Accident Case
A lot can go into identifying the type of damages available in an Opelousas car accident case. While medical expenses related to the crash are the most common form of damages, a car wreck lawsuit could seek compensation for a wide variety of losses. These damages could include:
- Medical bills
- Lost wages
- Pain and suffering
- Diminished earning capacity
- Permanent disability
- Loss of consortium
To recover these damages, a plaintiff must establish their value of the damages using whatever evidence is available. Evidence used to establish the value of damages can include medical bills or other invoices, expert testimony, property repair estimates, and statements from witnesses. A seasoned lawyer could help an injured victim recover the damages they deserve.
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 | ClientContact an Opelousas Car Accident Attorney Right Away
If you sustained injuries caused a negligent driver, you deserve the monetary compensation needed to cover your recovery. Because of the deadlines imposed by Louisiana law, however, it is critical that you move quickly to file a car accident lawsuit. Luckily, a skilled Opelousas car accident lawyer could help you maximize your recovery. To learn more about your legal options, reach out right away.
