Driving a car is a common daily activity. Therefore, it is easy to overlook how potentially dangerous it can be. The dangers of driving a car are evident when you consider the fact that 722 lives were lost in Louisiana traffic accidents in addition to 72,478 injuries and $5.6 billion in damages in 2012.
Car crashes can result in serious physical injuries, such as back, spine, head or neck injuries, amputation, and burns. As a consequence of these types of injuries, your life may be altered forever. The more severe the injury, the more important it is to seek a fair amount of compensation that can help you cover the related costs. Consult with a qualified Lafayette car accident attorney who can fight for your rights if you or someone close to you was injured in an automobile crash.
Insurance claims in Lafayette are assessed on the basis of fault. Under this theory, the claimant must prove that the other motorist was at fault prior to recovering damages for any injuries they suffered in a crash.
A compulsory coverage rule also known as “no pay, no play” also exists in Louisiana. This rule prevents an injured person from recouping compensation for the first $15,000 of bodily injury and for the first $25,000 of property damage if they are uninsured.
However, assuming both drivers are insured, the pure comparative fault system protects injured drivers in Louisiana. The pure comparative fault rule states that even if a driver is partially at-fault, they can recover compensation proportional to their amount of fault.
For instance, if a motorist in Louisiana is 99 percent at fault and suffers $10,000 in damages that motorist can still recover $100 in damages. This is not the case in many other states where a driver more than 50 percent at fault stands to recover nothing.
Automobile accident damages fall into one of two categories – economic or non-economic damages. Monetary damages include the replacement or repair of damaged vehicles, current and future medical costs, loss of wages, and other expenses. The damages that are more difficult to figure out are those for non-economic losses such as disability or disfigurement, pain, and emotional distress.
Cap on Damages
Louisiana does not usually have a cap on damages in a car crash or personal injury cases. However, if the automobile accident involves a government agency, a state-imposed limit of $500,000 may limit the total amount of damages the driver can receive.
Personal injury lawsuits in Lafayette and throughout Louisiana are subject to a strict deadline known as the statute of limitations, or prescriptive period. Generally, a lawsuit must be filed within one year of the date of the accident. Uninsured/underinsured motorist claims must be filed within two years of the date of the accident. For example, if an auto accident occurs on June 13, 2019, a plaintiff must file suit on or before June 13, 2020 in order to preserve his/her claim.
However, there can be some exceptions to this timeframe in certain situations. For example, if the injured individual was a minor and the parents did not file on their behalf, the deadline may be extended. Additionally, torts against government entities may require the injury victim to meet additional deadlines.
Notably, the case does not have to be completely resolved within the statute of limitations. Settlement negotiations may continue after filing suit, and trials can extend well beyond this date. For help filing a claim in a timely manner, individuals should reach out to a car crash lawyer in Lafayette as soon as possible.
If you were involved in an automobile accident in Louisiana, there is a chance for you to recover damages even if you are partly at fault. Therefore, it is important to speak with a qualified Lafayette car accident lawyer for the right legal advice.
A well-versed attorney can work with you to assess your damages and determine fault to help you understand how much your claim may be worth. Call today to get started.
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Laborde Earles Injury Lawyers are excited to announce that they will now be accepting applicants for the 2019 Laborde Earles Scholarship. Accidents and injuries can happen almost anywhere at any time. Laborde Earles Injury Lawyers want to know what the next generation has to say about how laws could be improved to better protect those that are hurt in an accident. The college student who submits the most detailed and well-thought out 750 word essay on this topic will receive a $1,000 scholarship to help finance their education. For more information on how to apply visit our scholarship page.
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