A car accident lawyer from our firm will look for the facts that prove the at-fault driver’s negligence in causing your accident. As affirmed by the American Bar Association (ABA), those elements are:
- Duty to provide reasonable care
- Breach of his duty of care
- Proof of your related injuries
- Proof of the cost of your injuries
Proving the Elements of Negligence
To prove these elements, your lawyer will collect evidence such as your car accident report, witness statements, and photo and video images. Your lawyer’s goal is to establish fault, assign liability, and negotiate a favorable settlement.
What your car accident lawyer will look for in your claim may also include relevant laws and statutes that define your potential to collect damages, their potential amounts, and the at-fault driver’s available insurance coverage.
Your Lawyer Will Request an Interview
Because your lawyer was not present at the accident scene, they can request a live or virtual interview to hear your version of the circumstances that led up to the accident. During your interview, your lawyer will ask for specific details and information that help tell the story of the collision. In addition to an interview, your lawyer may also request your:
- Car accident report
- Medical records and bills
- Financial data
Along with your interview, these items may help your lawyer prove the cause, cost, and effect of the accident. They may also be used to build your case file, to steer settlement negotiations, or as evidence at trial if a settlement agreement cannot be reached. Keep copies for your personal files and provide copies to your legal team.
Your Lawyer Will Request Your Car Accident Report
Revised Statutes (RS) §32:398 requires anyone involved in a car accident that results in injury, death, or over $500 of property damages to report the accident to the police. The police may dispatch an officer to the scene of the accident. The responding officer will then record the details of the accident in a car accident report.
This report may include:
- Accident causes and contributing factors
- Accident scene photos and diagrams
- Traffic violations attributed to the at-fault driver
Your car accident report may also contain contact information for the at-fault driver and his insurance company. Provide your lawyer with a copy of your car accident report as soon as possible.
Your Lawyer Will Request Your Medical Records
To prove the cost of the medical care you have received to date, your lawyer may request your health care records. These might come from each medical professional and treatment facility who treated you and may include:
- Hospital admissions
- Rehabilitation records
- Prescription medications
- Follow-up care
- Medical equipment
Your lawyer may also use your prognosis report and expert medical opinions to establish the anticipated costs of medical care you may require after your lawsuit has been settled. Your lawyer will help you request, compile, and organize your medical records before using them as proof of your injuries and their costs.
Your Lawyer Will Request Your Financial Records
The physical, emotional, and property damage that typically results from a car accident may create a financial burden for you if you do not recover their costs. Your lawyer can help you request compensation for damages such as:
- Medical care until you recover
- Income loss throughout your recovery
- Property repair or replacement costs
- Physical pain and suffering
- Lasting impairments and disfigurement
Your lawyer may request the following records to prove your accident-related financial expenses and losses:
- Salary history
- Tax records
- Repair estimates
Request these records and provide them to your legal team right away.
Your Lawyer Will Handle the Insurance Companies
Because your car accident report contains contact details for the at-fault driver’s insurance company, your lawyer may use that information to:
- Report your accident
- Request claims forms
- Complete and submit forms
- Obtain policy details
If the at-fault driver does not have insurance or does not have enough insurance to compensate you fairly, your lawyer will also deal with paperwork and negotiations with your own insurance company on your behalf.
Laborde Earles Injury Lawyers Can Build Your Case
Building an effective car accident lawsuit is a time-consuming endeavor involving many moving parts. Managing it on your own and proving the at-fault driver’s liability might be challenging – particularly if you are also managing your physical recovery. Call (337) 777-7777 today for your free initial consultation.