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Determining Liability for Your Drunk Driving Accident

Under RS § 14.98, you may be entitled to compensation if you were injured in a car accident and the at-fault party was driving under the influence. In order to determine what damages you might be entitled to, it is important to identify who is at fault for your drunk driving accident. To prove fault, we must show that the driver was operating the vehicle while intoxicated and that this behavior caused the accident that led to your injuries. Our team at Laborde Earles Injury Lawyers can help demonstrate that the other driver was at fault in your drunk driving accident case. We can collect evidence to demonstrate that the other driver caused your injuries or the wrongful death of your loved one. The types of evidence we will collect include:

  • Blood alcohol level of the driver
  • Medical records and bills
  • Eyewitness testimony
  • Photographs and videos of the accident, the vehicles involved, and your injuries
  • Accident reports from the police
  • Written statements
  • Footage of the accident from a traffic/surveillance camera if possible

Free consultations are available with a team member from Laborde Earles Injury Lawyers. The sooner you call, the sooner we can get to work for you.

How a Drunk Driving Accident Lawyer Can Help You

In addition to determining who was liable for the accident, a lawyer at Laborde Earles Injury Lawyers can help you with many other aspects of your case. Our team can help you calculate what damages you may be entitled to and represent you in all interactions with the other party and their insurance company.

Some of the tasks we take care of include:

  • Submitting documents and evidence
  • Filing claims
  • Handling correspondence with the insurance company of the at-fault driver
  • Collecting evidence to establish liability for the accident
  • Collecting evidence to establish the value of your damages
  • Negotiating a settlement on your behalf
  • Filing a lawsuit against the at-fault driver

Many insurance providers will pressure you to accept a settlement quickly. You are never obligated to speak with an insurance provider or to accept a settlement. We are familiar with the fact that insurance companies tend to downplay victims’ injuries and devalue claims. We do not want this for you. When you hire Laborde Earles Injury Lawyers, our team can fight to negotiate a reasonable settlement with the insurance provider. If we cannot come to a settlement that is fair to you, we will assist you in filing a lawsuit against the at-fault driver.

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How to Determine the Value of Your Damages

Many factors may influence the value of your damages resulting from a drunk driving accident. A lawyer from our firm can help you determine how much you may be entitled to receive. Such factors that can influence the value of your damages include:

  • Medical costs: The expense of medical care, surgical care, hospitalizations, rehabilitation, medications, and prosthetic devices may be covered.
  • Loss of earnings or support: If you cannot work while you recover from the accident, you may be eligible to pursue compensation for lost wages.
  • Future loss of earnings or support: You may be entitled to compensation if your injuries prevent you from continuing to work in your current profession.
  • Pain and suffering: If you are in significant physical pain or distress following your accident, you can be compensated for this non-economic damage.
  • Property damage: If your vehicle is damaged or totaled, you may be able to receive compensation to get it repaired or replaced.

Statute of Limitations for Drunk Driving Accidents

In Louisiana, there is a deadline of two years for filing a lawsuit after a drunk driving accident:

  • CC Art. 3492 is the statute of limitations for personal injury.
  • CC Art. 2315.2 sets the statute of limitations for wrongful death caused by a drunk driving accident.
  • CC Art. 2315.1 sets the statute of limitations if someone is injured in a drunk driving accident, then dies as a result of those injuries.

If you fail to file your lawsuit within two years you will lose your right to sue the at-fault party. You do not want to miss your chance to get compensation that can help you move forward more comfortably.

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What to Do Following a Drunk Driving Accident

If you are involved in a drunk driving accident, you must act as soon as possible to seek compensation for your damages. The opportunity to collect valuable evidence – such as the driver’s blood alcohol level and photographs of the scene of the accident – can pass if you wait too long.

If you believe that the at-fault driver was drunk, tell the police officer at the scene. If you give the police a written statement, include your suspicion that the driver was intoxicated. As you should with any traffic accident, try to collect the other driver’s name, address, and insurance information. If there are other witnesses to the accident, ask for their names and addresses as well.

After the accident, you can reach out to a drunk driving accident lawyer. Explain that you or someone you love has been hurt or killed in a New Orleans drunk driving accident. Our team can begin to collect time-sensitive evidence that can help you seek damages from the other driver. As such, it is best for one of our lawyers to get started on your case right away.

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Car Accident

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and ...

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and incredibly responsive. He took the time to explain every step of the process in clear terms and always made sure I felt informed and supported.

His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

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Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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Tori E.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Megan Couvillon

Alexandria

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

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Tiffany Bardwell

New Iberia

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

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Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

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Courtnie Heltz

New Orleans

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Laborde Earles Injury Lawyers Is Here for You

If you or a loved one has been injured by a drunk driver in New Orleans, call the office of Laborde Earles Injury Lawyers today for a free consultation. One of our lawyers may be able to help you pursue compensation for your drunk driving accident losses.

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