Louisiana Motor Vehicle Accidents: How Do I Know If I Have A Claim?
If you have been involved in a Louisiana car, automobile, or motor vehicle accident, you have a personal injury case if:
You have been physically injured and/or
Have suffered property damage -- like damage to your vehicle and/or
If you have suffered an emotional injury like emotional distress or a reasonable fear/apprehension of harm
In Louisiana auto accident cases, it must also be shown that the other driver is "at fault" for the accident that causes physical injury, property damage, and/or emotional injury. Even if the victim is partially at fault for the accident, under Louisiana law, the victim still has a claim for compensation. Louisiana is a comparative negligence state, so the victim is entitled to recover damages based on the percentage fault of the other driver. For example, if the other driver (or another at-fault party) is 90% to blame for the accident and resulting injuries/damage, then the victim recovers 90% of the total dollar amount of the injuries/damages.
But how do I know who is at fault? Sometimes, the facts of the case make it obvious who is at fault. For example, if the other driver ran a red light (or broke other traffic laws), that driver will be at fault. Other facts may also offer a clue regarding the fault. For example, if the police responders and the police indicate that one driver is at fault, that is likely to be true. Generally, police reports and police opinions are not admissible in court, but they can be good enough to know if you have a claim. Another clue is whether the police issued a ticket or citation against the other driver for a traffic or other violation.
If you have been injured in a Shreveport, Louisiana, auto accident and you have questions about whether you have a personal injury claim, contact an experienced Louisiana auto accident attorney for a consultation.
Victims of Louisiana motor vehicle accidents can recover compensation for any type of damages, including:
Medical bills
Medication costs
Lost wages and earnings
Pain and suffering
Disfigurement and loss of limbs
Full or partial disablement or disability
Emotional distress
Fear and apprehension of imminent harm
And more
In general, the process involves, first, obtaining medical treatment so that proper medical care can be provided. Depending on the severity of the injuries, it may take some time to heal fully. That is the most critical step in the process. After that, it is time to make an insurance claim.
Most Louisiana car accident cases settle before a personal injury lawsuit is filed. However, one must always act quickly since, in Louisiana, there is a one-year deadline for filing a lawsuit for compensation. The insurance claim will be processed with the insurance company conducting an investigation. A settlement offer from the insurance company must generally wait until all the medical bills have been collected and tabulated. Sometimes, no insurance settlement is offered, or the amount offered is insufficient. At that point, a personal injury lawsuit will need to be filed in a Louisiana civil court.
Contact A Louisiana Personal Injury Attorney Today
For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full amount of compensation to which you are entitled under Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.