According to RS Art. 22:1269, you may sue an at-fault party, their insurance provider, or both after a car accident in Lafayette. Suing the at-fault party by filing a personal injury lawsuit may mean you can recover the cost of treating your injuries, repairing or replacing your car, and recouping any related income loss.
While you can sue someone personally after a truck accident, that might not always be your best option. A truck accident lawyer can help you determine your best options for financial recovery. A lawyer can also help you define the value of your lawsuit, identify the at-fault party, and meet Louisiana’s statute of limitations.
Define the Monetary Value of Your Lawsuit
By pursuing monetary compensation from the party whose actions led to your truck accident, you could recoup the financial damages that stem from the collision. CC Art. 2315 typically allows you to request compensation for the following economic damages:
- Current and future medical costs
- Current and future lost wages
- Property repair or replacement
- In-home medical and domestic aid
In addition to these economic damages, you may also be entitled to non-economic damages. These may be more difficult to calculate on your own and may include pain and suffering, emotional distress, physical disabilities, and disfigurements. Your legal team can assist you in valuing your lawsuit and negotiating a favorable settlement with the at-fault party or their insurance company.
For a free legal consultation, call (337) 777-7777
Build a Case File That Proves the Truck Accident’s Cause
Before you and your legal team can pursue compensation for the collision, you must accurately identify the liable party. In truck accident cases, that might be the truck driver if their direct actions caused the accident. It might also be the truck driver’s employer or the company that built the truck.
In some lawsuits, even the manufacturer of the truck’s components could be at fault. For example, if faulty tires, brakes, windshield wipers, or lights were the cause of the collision, you might have a case against a manufacturer. To help identify the accident’s cause and the liable party, your legal team will rely on your crash report and other related data and evidence.
Your Crash Report Contains a Plethora of Important Information
Police and emergency medical assistance should be called to the scene of a truck accident immediately. You should also insist on filing an official crash report. RS Art. 32:398 mandates the filing of a collision report if:
- Anyone is injured
- Any fatalities occur
- Damage is more than $500
Your legal team can use your crash report to glean important contact information for the at-fault driver, their employer, and their truck’s builder. It will also contain information that identifies the truck and its size and weight, any witnesses, the investigative officer’s thoughts and observations, and factors that may have contributed to the collision.
If speeding, potential distractions, illegal driving maneuvers, drug or alcohol use, or any other driver errors contributed to the accident, they may be documented in your crash report. Obtain a copy for your personal records and one for your legal team as soon as it becomes available.
Comply with Louisiana’s Statute of Limitations
The filing deadline for a truck accident that happens in Lafayette is determined by state law. According to CC Art. 3492, you generally have one year to file a lawsuit against the liable party in most cases.
When you hire a lawyer to help you seek financial compensation, the sooner they are involved in your potential lawsuit, the longer they will have to prepare your case. Early involvement may allow your lawyer to:
- Comply with the statute of limitations
- Locate and interview witnesses while their recollections are fresh
- Prepare a supportive case file that substantiates your right to compensation
Early involvement can also give your lawyer time to conduct a thorough investigation and compile the evidence to prove the impact of the accident. These careful calculations could help to ensure your lawsuit is not undervalued or underpaid.
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Pursue the At-Fault Party After a Truck Accident
With the assistance and guidance of a truck accident lawyer, you might be able to file a personal injury lawsuit against the at-fault party or their insurance company. Your lawyer can help you determine if you can sue someone personally after a truck accident and if you may have a case against any other parties, as well.
Contact the personal injury team at Laborde Earles Injury Lawyers by calling (337) 777-7777 to start exploring your options today.