When it comes to insurance requirements and accident claims, every state has its own laws and proceedings. In regard to collision liability, though, states must adhere to just one of two systems: fault or no fault.
The “fault” system is more prevalent than the no fault one, but each approach has its own drawbacks and advantages. According to FOX Business, 12 states and Puerto Rico currently rely on no-fault insurance laws to award compensation following motor vehicle collisions.
Louisiana, on the other hand, is one of the 38 “fault” states. That means motorists who breach the duty of care they owe to those on the road around them are financially responsible for the damages that might occur.
Filing a third-party claim with the liable motorist’s insurance company can be challenging, though, and you have enough to worry about without having to navigate complicated legal proceedings. If you suffered car accident injuries in a collision that was not your fault, a Marksville auto accident lawyer may be able to simplify the claims process for you and help you secure a fair settlement.
Laborde Earles Law Firm is an award-winning law firm in Louisiana that helps clients navigate the state’s various fault laws every single day. Our legal team will be happy to assess the circumstances of your case in order to determine if you have grounds for a claim.
If it turns out that you are eligible for compensation, we can help you pursue the maximum payout to cover the costs associated with medical bills, lost wages, and non-economic damages like pain and suffering. Call 800-522-6733 to schedule a free case evaluation.
How Will Louisiana Being a Fault State Affect My Injury Claim?
If you file a personal injury claim in Louisiana, the court will try to determine who was at fault for the incident that caused your injuries in order to hold him or her financially accountable. In most cases, though, the accident victim will not actually negotiate with the at-fault motorist; rather, he or she will seek compensation from the responsible party’s insurance provider.
Typically, a personal injury lawsuit will begin as a third-party claim. In many cases, the liable party’s insurance adjuster and the accident victim’s legal counsel can reach a fair settlement, which will resolve the claim. If the adjuster refuses to negotiate fairly or there is disputed liability, though, the case may evolve into a full-fledged lawsuit.
Filing a personal injury lawsuit is not always an option for accident victims in no-fault states, but since Louisiana happens to be a fault state, it can be an effective way to secure the compensation you deserve.
If you were injured in a car accident that was not your fault and you want to sue the liable party for damages, contact Laborde Earles Law Firm. A Marksville car wreck lawyer can gather evidence, track medical bills, interview witnesses, and negotiate for a fair settlement on your behalf. Call 800-522-6733 to schedule a free consultation.