Were you in a car accident in Slidell, Louisiana? You might be entitled to receive compensation from the negligent driver who caused your accident or another liable party.
There are many aspects to consider when building a car accident case, whether you are filing an insurance claim or lawsuit. You can get free legal advice if you call. One of our team members can review your case at no charge and let you know where it might stand if you intend to pursue compensation.
Determining What Caused the Accident May Lead to Who Is Liable
When you call Laborde Earles Injury Lawyers, one of the first things your lawyer may do is request to view the crash report about your accident. If you do not have this readily available, you can retrieve a copy of this report from the Slidell police center later. In the meantime, you can briefly describe what led to the accident to the representative when you call.
Knowing what caused the car accident can help us begin strategizing how to 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 in the road
With any of these situations, your lawyer 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 a free legal consultation with a car accident lawyer serving Slidell, call (337) 777-7777
The 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 you were in, as it can influence how you need to argue your points, what evidence you need to focus on, and how you need to prepare for the opposing party’s counterarguments.
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 turn. Whether you were struck on the side or ended up hitting another vehicle that turned in front of you, your argument may focus on who made the improper turn or entered the intersection when it was not their turn.
- Rear-end collisions.The rear vehicle is often presumed to be at fault. However, Louisiana does have a comparative fault rule, per civil code CC Art. 2323, which allows the rear vehicle driver to claim that the front vehicle driver contributed to the accident. If you were in front, you might have to anticipate this type of defense 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, if the driver swerved into opposite traffic to avoid getting into an accident in their lane, then one thing you might need to consider is holding a third party liable for your injuries. If another driver’s negligence or road conditions caused the at-fault driver to hit you, then you may be able to pursue compensation from that third party.
Your lawyer can discuss what kind of counterarguments to anticipate in your case as well as other potential parties to pursue.
Slidell Car Accident Lawyer Near Me (337) 777-7777
An 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. There are laws that 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.
Certain damages are easier to calculate because they may be proven with receipts, invoices, and other financial documents. These damages are referred to as “economic losses” and may include:
- Medical treatment costs
- Loss of wages
- Property damage
- Mileage costs for traveling to and from doctor’s appointments
- Other out-of-pocket costs
Other damages do not necessarily have a financial value and are known as “non-economic losses.” These damages may require legal formulas to calculate their value and generally represent an overall exacerbation of the damages the victim suffered after the car accident. These losses may include:
- Pain and suffering
- Emotional anguish
- Permanent disability or loss of a body part or its function
- Reduced quality of life
An Attorney Could Help You Retain the Full Amount of Your Compensation
A personal injury lawyer will have awareness of personal injury laws and laws that relate to them and impact your case. One of those is CC Art. 2323 which defines the state’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 that other involved driver alleges you are 20% responsible for causing the accident, any financial compensation you are awarded will be reduced by an automatic 10%. That could turn your $200,000 financial award into $160,000. If the driver claims you share responsibility equally, you could be banned from receiving any compensation at all.
A personal injury lawyer can help you prove the other driver was 100% at fault and protect your right to full compensation.
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Louisiana’s Statute of Limitations
Louisiana has a statute of limitations of one year for personal injury cases, according to 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 lawyer can:
- Speak to witnesses while their memories are still vivid
- Canvass the accident scene for witnesses and other evidence
- Secure residential, commercial, and dashcam footage
Your lawyer can inform you about how long you have to file your car accident lawsuit. However, due to the short length of time allotted, you may want to 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.
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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 the negligence that caused the collision. 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, your lawyer will collect and organize evidence for you. This collected evidence may then compel the at-fault party to compensate you with a settlement versus a costly and time-consuming court case. That 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
Your lawyer 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. An experienced personal injury lawyer 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. Your lawyer will respond promptly to any questions and concerns you have.
Hire a Slidell Car Accident Lawyer Today for Help with Your Case
At Laborde Earles Injury Lawyers, we have developed a robust portfolio of car accident cases, which is why we are confident about leading our clients’ cases. If you would like legal assistance with your car accident case, let us have a look at your crash report and other available evidence to determine how we may be able to help you. Call for a free case review or fill out our contact form.
Call or text (337) 777-7777 or complete a Free Case Evaluation form
