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3 Factors to Consider When Determining Whether You Have a Valid Personal Injury Claim

If you sustained serious injuries in a car accident that was not your fault, you probably expect the other driver’s insurance company to pay for your vehicle repairs, medical bills, and other damages. However, if your injuries are serious, the at-fault driver might not have enough coverage to pay for your losses.

If you are in this situation or if the insurance company is disputing your claim, contact a lawyer to discuss your case. An Alexandria injury attorney from Laborde Earles Law Firm will evaluate your situation and provide comprehensive legal guidance.

We have helped our clients recover more than $200 million in cash settlements and verdicts. Call 800-522-6733 to schedule a free consultation.

Let’s examine three factors to consider when determining whether you have a valid personal injury claim:

  1. The Cause of the Collision

If you were responsible for the collision, you will not have a valid claim; however, if the other driver caused the crash or if you were only partially liable, you may still be entitled to compensation.

Louisiana is a “fault state,” which means that the party responsible for the collision is accountable for the damages. If you were partially liable, then your financial award will be reduced by your percentage of liability. In you were at least 51 percent liable for the wreck, though, you will not be able to recover compensation.

  1. The Extent of Your Actual Injuries

You cannot recover damages for “potential outcomes.” For example, if you were in a collision with a drunk driver and you only sustained a few scrapes and bruises, you will not be able to recover compensation on the grounds that the accident could have been devastating.

The severity of your actual injuries will determine whether you have a valid personal injury claim. Did your injuries require medical care? Are they preventing you from working as you recover? Your attorney will ask these questions when determining whether you should pursue a claim.

  1. The Damages You Incurred

In order for your claim to be successful, you or your lawyer will have to prove that you sustained an injury or loss due to the at-fault driver’s negligence. If you did not sustain an injury or loss, then you do not have grounds for a claim.

Some damages are easier to quantify than others, but your attorney can help you calculate a fair settlement amount that encompasses all of them. Possible damages include:

  • Medical bills and rehabilitation costs;
  • Pain and suffering;
  • Lost wages;
  • Reduced earning capacity;
  • Diminished quality of life; and
  • Disability accommodations in your home or vehicle.

If you sustained serious injuries in a car accident that was not your fault, turn to Laborde Earles Law Firm to discuss your case. Call 800-522-6733 to schedule a free consultation with an injury attorney in Alexandria.