Car accidents are some of the most common sources of personal injury in Metairie and around Louisiana. However, people who are injured in this way may be confused about their rights and potential sources of compensation. They may also feel intimidated by the concept of having to fight against an insurance company or going to court to demand payment.
A Metairie car accident lawyer may be able to help. From the moment that you hire a personal injury attorney to handle your car crash case, the insurance company must deal directly with that attorney. In addition, a lawyer could work to conduct an independent investigation into the accident, collect all the relevant evidence and medical records, and enter into settlement negotiations from a place of strength.
The truth is that most car accident cases end with a satisfactory settlement without going to court. However, this only applies if you take a strong stand to protect your rights. Let a compassionate personal injury attorney fight for you.
There is no statute in Louisiana state law that specifically delineates how a person can claim compensation for their injuries after a car accident. Instead, people must rely on the common law to identify causes of action that they may claim in court. The common law is simply a collection of court decisions that are handed down over the years. These decisions carry the weight of law and allow people to understand what they need to prove in court to win their cases.
Most car accidents are not intentional, with only rare exceptions. Instead, the law recognizes that most collisions are the result of accidents. This does not mean, though, that the at-fault driver is not responsible for any damage they cause. On the contrary, Louisiana common law recognizes the cause of action known as negligence.
Legal negligence allows people injured in accidents—as well as their Metairie car accident attorneys—to hold the at-fault party civilly liable if they can prove that their actions directly caused the injury. As applied to car accidents, the injured person must show that the defendant’s driving caused the collision.
This is most easily proven by introducing evidence that the defendant was violating a rule of the road when the accident occurred. Through a concept known as negligence per se, the law assumes that a driver is at fault in an accident if they are breaking a rule of the road. However, even the clearest example of negligence could fail to bring an injured person compensation if the claim is not filed on time.
While Louisiana state statutes do not define how a person can bring a claim, one does specify when a person must so do. Known as the statute of limitations, this law gives people only a limited time to file a case in court after the injury occurs.
According to Louisiana Civil Code §3492, all claims alleging personal injury due to negligence must be started in court by either a plaintiff or their car accident lawyer in Metairie no more than one year after the date of injury. If this time limit passes, the defendant can move to dismiss the charges in court. In addition, insurance companies are aware of this law and typically refuse to engage in settlement negotiations if this time limit has passed.
People who are injured in car accidents often face a daunting future. Recovery can be difficult and lengthy, accumulating medical bills and missing time at work. While the other driver may be at fault, their insurance company could be denying liability and flooding an injured person with paperwork and requests for statements. People in this situation may not know where to turn.
A Metairie car accident lawyer may be able to help keep insurance companies off your back and let you focus on your recovery. Your attorney could work to organize the necessary paperwork, investigate the facts behind the incident, prove liability on the defendant driver’s part, and demand that insurance companies pay for the damage. Call today to let a qualified lawyer get to work for you and start pursuing compensation for medical bills, lost wages, emotional suffering, and more.
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