There are many aspects to consider when building a car accident case, whether you are filing an insurance claim or a lawsuit. You can get free legal advice today from a Slidell personal injury lawyer immediately after a wreck.
One of our team members can review your case and let you know if you qualify for a settlement. Call us now for your complimentary consultation.
Determining Who Caused or Contributed to Your Motor Vehicle Accident
When you file a personal injury claim, our accident injury lawyers can request a crash report from the Slidell police department and review the details of your auto accident. This police report will help us identify a responsible party and build your accident claim.
Knowing what caused the car accident can help us prove the other party behaved negligently or recklessly.
Some common causes of car accidents include:
- Alcohol or drug use before driving.
- Speeding and weaving between lanes.
- Aggressive driving, such as tailgating or cutting other drivers off.
- Improper lane changes or merges.
- Improper turns.
- Distractions, such as cell phone use, GPS devices, food and drink, or other passengers in the vehicle.
- Poor weather conditions, such as snow or rain.
- Poor road conditions, such as potholes or uneven roads.
- Objects or animals on the road.
- Distracted driving.
- Reckless driving, including road rage.
In any of these situations, our car accident lawyer in Slidell may have to consider what kind of evidence you need to prove how someone else’s negligence led to the accident, especially if these observations were not written in the accident report.
For example, our attorneys may consult accident reconstruction experts who can help recreate the accident scene.
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.
ClientThe Type of Accident You Were in Can Determine the Outcome of Your Lawsuit
How you approach your car accident case might also depend on the specific type of accident, such as a sideswipe or blind spot accident. Our team of accident attorneys in Slidell can prepare your argument and anticipate counterarguments from an insurance company adjuster. This way, we can fight for fair compensation.
Here are some things to consider if you were involved in one of the following accidents:
Side-Impact Collisions
These cases often involve proving who had the right of way in an intersection or at a turn. Whether a negligent party struck the side of your car or hit another vehicle that turned in front of you, we can argue that they made an improper turn or failed to yield the right of way.
Rear-End Collisions
The rear vehicle is often presumed to be at fault. However, Louisiana does have a comparative fault rule, per CC Art. 2323, which allows the rear vehicle driver to claim that the front vehicle driver contributed to the accident.
If another driver rear-ended you, you should anticipate this argument and prove that you contributed no fault to the accident.
Head-On Collisions
Like rear-end collisions, the vehicle opposing traffic is often considered at fault in head-on collisions. However, suppose the driver swerved into opposite traffic to avoid getting into an accident in their lane. In that case, we can work to hold a third party liable for your injuries.
If another driver’s negligence or road conditions caused the at-fault driver to hit you, you can file a personal injury lawsuit against that third party.
How Car Accident Injuries Impact Your Settlement Amount
The extent of your injuries will determine the worth of your personal injury claim. The following severe injuries tend to have higher payouts due to chronic pain, limited mobility, and greater impact on lifelong health:
- Brain damage or traumatic brain injury
- Broken bones
- Neck and back trauma
- Internal bleeding
With our personal injury attorney as your advocate, you can have confidence that the maximum compensation allowed for your bodily injuries and accident-related medical costs.
Seek Medical Attention Immediately After an Auto Collision
Remember, even seemingly minor injuries can turn out to be life-threatening. You won’t know until you have a doctor assess them. Common injuries with late or delayed-onset symptoms can lead to chronic conditions. For example, whiplash can lead to chronic pain.
If you delay or forgo medical treatment, your injury symptoms can worsen. Plus, insurance companies may argue that accident victims who stop getting treatment contributed to their injuries and financial losses.
You deserve to reach your maximum medical recovery and receive financial recovery for your medical bills and other losses. Your claim for damages depends on your medical records. Seek adequate treatment for your type of injury and follow your doctor’s orders to protect your liability 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 | ClientAn Attorney Can Help You Calculate Your Damages
Another factor in building your car accident case involves totaling the value of your compensable damages, which are expenses or general losses you experienced during or after the accident.
Some laws dictate what kind of damages a victim may claim and how much compensation they may receive for certain damages. Our team can explain this in more detail to you in a consultation.
Economic Damages
Certain damages are easier to calculate because they may be proven with receipts, invoices, and other financial documents. These accident-related costs are referred to as economic losses and may include:
- Medical care costs for treatment, medical devices, prescriptions, and more.
- Loss of income or loss of benefits.
- Property damage.
- Mileage costs for traveling to and from doctor’s appointments.
- Other out-of-pocket costs.
- Reduced earning capacity.
We may collect various pieces of information to support your claim. For example, we can speak with medical specialists and gather your wage statements to seek fair financial compensation.
Once you agree to a settlement offer, you cannot seek additional awards later on. We do not want you to be left paying for someone else’s negligence.
Non-Economic Damages
Other damages do not necessarily have a financial value and are known as non-economic losses. These forms of damage may require legal formulas to calculate their value and generally represent an overall worsening of the damages the victim suffered after the car accident. These losses may include:
- Pain and suffering.
- Emotional distress or post-traumatic stress disorder (PTSD).
- Permanent disability or loss of a body part or its function.
- Loss of consortium.
- Loss of services.
- Reduced quality of life.
Wrongful Death Damages
If you lost a loved one, our fatal car accident lawyers can help you take legal action against the liable party. Few families are prepared to face the emotional and financial aftermath of such a tragedy. Our Slidell wrongful death lawyers can seek awards to cover your loved one’s funeral services, the income loss your family will experience, and your loved one’s pain and suffering.
We understand that accident compensation cannot replace a family member. Still, you shouldn’t have to experience financial setbacks due to someone’s negligence. Our team can handle the legal proceedings while you mourn your loved one in peace.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientRetain the Full Amount of Your Compensation After an Auto Crash
Our personal injury lawyers are familiar with laws affecting your case, such as CC Art. 2323, which defines Louisiana’s pure comparative fault law. It holds that you can only collect compensation for the percentage of the accident that was not your fault.
If the other driver involved alleges you are 20% responsible for causing the accident, any financial compensation you are awarded will be automatically reduced by 10%. That could turn your $200,000 financial award into $160,000.
If the driver claims you share responsibility equally, the court could ban you from receiving any compensation at all. Our car accident lawyer in Slidell, LA, can help you prove the other driver was at fault and protect your right to a fair settlement.
If your injuries and losses exceed the coverage offered in the other driver’s liability insurance, we can take legal action to seek the compensation you deserve.
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.
ClientLouisiana’s Statute of Limitations for Auto Accidents Lawsuits
Louisiana has a statute of limitations of one year for personal injury cases, per CC Art. 3492. This is a general deadline and may vary if other factors are involved in your case, such as whether you are suing a municipality or if a minor is involved.
Understanding and complying with the statute of limitations is only one advantage of declaring your intent to pursue damages early. Early intervention means your automobile accident attorney can:
- Speak to witnesses while their memories are still vivid.
- Canvas the accident scene for witnesses and other evidence.
- Secure residential, commercial, and dashcam footage.
Our Slidell accident injury attorneys will determine how long you have to file your car accident lawsuit. However, due to the short deadline, you should take action as soon as possible rather than wait to decide. If you fail to file your lawsuit on time, you may be stripped of your right to pursue compensation.
Proving Negligence Can Lead to Financial Compensation
Because time is of the essence when filing your personal injury insurance claim or lawsuit in Slidell, a personal injury lawyer will start working immediately to prove negligence and assign the individual at fault.
To meet the legal requirements for negligence, our team will prove the at-fault driver:
- Owed you a duty of reasonable care.
- Breached their responsibility to you.
- Caused your injuries and property damage.
- Led to your financial consequences.
To prove these elements, our car collision lawyers in Slidell will collect and organize evidence for you. This collected evidence may compel the at-fault party to compensate you with a settlement versus a costly and time-consuming court case.
Car crash evidence can include:
- Your car accident report.
- Witness statements.
- Accident scene reconstruction.
- Photos and video footage.
- Investigative notes and diagrams.
- Medical records and test results.
An auto accident attorney may also collect cell phone records if the at-fault driver was distracted at the time of the accident. Additional evidence may include records of calls to 911 and information from traffic control devices.
Additional Ways a Car Accident Attorney Can Prove Your Right To Recovery
Proving the accident’s cause and its resulting financial consequences on your own can be a challenging and time-consuming endeavor. A personal injury lawyer with experience with auto accidents can take the weight and burden of proving the cause and cost of your accident off of your shoulders. Your lawyer will:
- Obtain and complete claim forms and file your insurance claim.
- Respond to all insurance company requests for information and evidence.
- Conduct a supplementary investigation to the police investigation.
- Locate and interview witnesses who may have evidence from varying vantage points.
- Oversee the negotiation process, including fielding offers and advising you on each offer’s suitability.
The relationship your lawyer develops with you will include open, frank, and frequent communication. At Laborde Earles, we make ourselves available to our clients and will respond promptly to any questions and concerns you have. We can also explain the various steps throughout the legal process and contact you with any updates on your case.
Hire a Slidell Car Accident Lawyer Today for Help with Your Case
At Laborde Earles, we have developed a robust portfolio of car accident cases. Our Slidell car accident attorneys advocate for auto accident victims and their families by providing client-focused legal representation.
Call us for a free initial consultation or fill out our contact form. Our dedicated legal team is here to help every step of the way. With compassionate guidance from our attorneys fighting for you, we can alleviate your financial stress and deal with insurance companies on your behalf to pursue the maximum amount possible.
