What Is the Statute of Limitations for Car Acidents in Louisiana?
A statute of limitations sets a time limit on how long after an accident the plaintiff may file a lawsuit against the responsible party. According to Louisiana Civil Code Article 3492, the injured party is only allowed to file a lawsuit up to 1 year following the incident. Failure to file a lawsuit in time will lead to the case usually being dismissed by the court.
It's important to take note of the statute of limitations for your case because although you may feel confident that you won't need to file a lawsuit in order to receive compensation for your injuries, you never know whether or not the responsible party's insurance company will agree to pay you a fair amount for your injuries. Don't wait! Contact our firm today to discuss your situation.
Is Louisiana a "Fault" State for Car Accidents?
Louisiana is an at-fault state when it comes to car accident liability. This means that the injured driver can hold the negligent driver liable through a personal injury claim. The negligent party is responsible to pay for damages the injured driver is awarded, which is typically done through an insurance provider.
Another important car accident law which Louisiana operates under is known as the "comparative negligence," rule which means that although the other party involved may be found ultimately responsible for the accident, you may also be held partially liable if your actions at all contributed to the crash. This in turn can reduce the amount of compensation you may be eligible to receive for your injuries. When it comes to proving liability in a car accident, it's incredibly important to have an experienced car wreck attorney on your side!
Determining Liability in a Car Accident
After an accident, it is imperative that you take the correct steps to ensure that you receive the highest amount of compensation available for your case. When you retain the assistance of our team, we will thoroughly review your specific situation and determine who may be liable for your injuries.
Each case is unique, which is why our team at Parker Alexander devotes our time and energy to ensuring that you receive the most from your case.
We investigate varying factors to determine if one of the following may be to blame:
- Driver error: Some of the most common accident-related injuries stem from driver error. If another driver operated their vehicle in a negligent, reckless, or illegal way, they could be to blame for your injuries.
- Manufacturer of faulty part: In some situations, brake failure, steering failure, or another component may have failed and caused detrimental damage. If product liability is to blame, you can ensure that Parker Alexander will retain compensation for you.
- City, parish, or state where the accident occurred: Ill-maintained roads, poor signage, improper speed limits; these could all come into effect after a car accident. Our car accident lawyers in Monroe will look at each possible scenario
How Much Money Can I Recover After a Car Accident?
After a car accident, you might suffer injuries that affect your quality of life and require medical treatment, resulting in steep expenses. If the other driver was at fault for your car accident, you might be able to pursue a claim to recover compensation for your losses.
As you begin the claims process, you may wonder how much compensation you can expect to receive; unfortunately, the answer to that question is not straightforward. Insurance claims don’t have a set formula for determining award amounts, as they are complicated matters that are handled on a case-by-case basis. The amount you recover for economic damages such as medical bills, and non-economic damages such as pain and suffering, is based on a number of factors.
Valuing Economic Damages
Valuing economic damages is straightforward, as these losses include medical expenses, property damages, and lost wages. Because you have some type of receipt or record of the expense, the amounts can be calculated precisely.
Valuing Non-Economic Damages
Non-economic damages are a bit more difficult to value because they are not based on tangible losses; rather, they are based on such things as physical pain and suffering, mental pain and anguish, and loss of enjoyment of life.
Generally, with these types of damages, compensation amounts are determined by the severity of your injuries and the extent of your treatment. The more serious the diagnosis and prognosis are for your injuries, the greater your loss. Larger losses require higher compensation to make you “whole.”
For example, a broken bone can demand a higher value claim than soft-tissue injuries because the former is generally more serious than the latter. Injuries that cause more lasting damage are also valued higher. For example, a herniated disc that results in near-constant pain is generally valued higher than a broken bone.
Similarly, when your injuries require more extensive treatment, the claim value will be higher. For example, if you need to undergo surgery, the award amount may be greater than if you need a cast for a broken bone.
The At-Fault Driver’s Insurance Limits
In Louisiana, most drivers carry only the required minimum liability insurance, which is limited to $15,000. The insurance company won’t pay out anything more than the policy limit. Therefore, it is a good idea to carry underinsured motorist coverage.
What To Do After an Accident in Monroe
Statistics gathered by the NHTSA show that in 2018 Louisiana had over 700 traffic fatalities, 216 alcohol-impaired driving fatalities, and 136 speed-related fatalities. Even crashes that did not result in death still often result in significant injuries to those involved.
Another factor considered when determining your compensation amount is the at-fault driver’s insurance policy limits. Insurance companies will only pay out the maximum amount based on their customer’s limits.
After an accident, particularly a car, truck, or motorcycle accident, it is important that you follow these steps and contact an attorney as soon as possible:
- Safely move to the shoulder: If it is possible to do so, safely move to the shoulder of the highway or road. This will help further protect you from accidents or injuries.
- Never admit fault: It can seem like second nature to immediately apologize – but we encourage you to not make any claim of fault.
- Contact emergency services: Even in a minor accident, it is important that emergency services be contacted if there is any sign of an injury.
- Speak with a paramedic or EMT: Do not deny speaking with a paramedic or EMT because having a record of your injuries can help you file a personal injury case.
- Take pictures and document: Take pictures of the accident and any damage to your vehicle. Document time and location and obtain information from the other driver.
- File a police report: Having an official record will help your attorney in your case.
- Get witness names and contact information: Any witnesses can be crucial to your case. Find information for them such as contact number, name, and what they saw happen.
- Contact an attorney before your insurance company: You do not want to face an insurance company alone! Contact Parker Alexander right away!
Why It's Worth Hiring a Lawyer for a Car Accident
If you've recently been in a car accident, you may be wondering whether or not to hire a lawyer. While some people may try to handle their case themselves, it's important to remember that car accident claims can be complex and confusing. An experienced Monroe car accident lawyer with can guide you through the process and help you get the compensation you deserve. Whether you're dealing with medical bills, lost wages, or property damage, our skilled attorneys can help you navigate the often confusing world of insurance claims and legal proceedings.
Contact Parker Alexander Today for Trusted Counsel
Are you ready to move forward with your case? Do you have questions regarding your situation and if you may be entitled to compensation? If so, we encourage you to schedule a consultation with our team right away. We are proud to have numerous awards and accolades that we can use to provide you exceptional legal representation for your car accident case. As longtime members of the community, we are proud to offer legal services to our neighbors.
Learn more about how our Monroe car accident lawyers can help you when you contact us today.
Monroe, LA - Four-Vehicle Crash on Hwy 165 Sends Two to Hospital
