A: In a personal injury claim in Louisiana, it is possible to sue for pain and suffering. These types of damages are considered non-economic damages. Economic damages cover things like medical expenses and loss of income. Different cases might qualify for different damage amounts, depending on the circumstances. For more information on what you might be entitled to, talk to a Louisiana personal injury attorney.
Baton Rouge Car Accident Lawyer
Baton Rouge Car Accident Attorney
Car accidents are usually associated with paperwork, headaches, and injuries. However, your legal responsibilities can be mitigated with the help of an attorney, who can help file claims and talk to insurance adjusters to recover damages on your behalf. Our goal at Murphy Law Firm is to help our clients get back to living their lives as quickly as possible. Contact us for representation from a talented Baton Rouge car accident lawyer.
Delivering Success for Victims of Car Accidents
The attorneys at Murphy Law Firm have an extensive history of helping victims of car accidents. They understand how to gather evidence for insurance companies, negotiate higher settlement amounts, and offer an advantage in court to provide results for their clients. Murphy Law Firm is based in Baton Rouge but can represent individuals from anywhere in the state of Louisiana for all type of personal injury cases.
At Murphy Law Firm, we understand that car and traffic accidents can happen in many ways and have varying degrees of severity. That’s why our team of experienced lawyers is prepared to handle a wide range of cases, including:
- Drunk driving accidents. Drunk driving accidents are a major cause of traffic fatalities and injuries. Drivers under the influence of alcohol or drugs are more likely to be involved in accidents due to impaired judgment, slowed reaction times, and poor decision-making.
- Car wreck accidents. These accidents refer to collisions between two or more vehicles, often resulting in significant damage and injuries to drivers and passengers. These accidents can happen for various reasons, such as driver error, road conditions, or faulty vehicle equipment. Our car wreck lawyer has extensive knowledge in handling these cases and can help victims navigate the complex legal process to recover compensation for their damages.
- Bicycle accidents. These accidents involve collisions between a bicycle and a motor vehicle or pedestrian. These accidents can result in serious injuries, such as head trauma, broken bones, and spinal cord injuries. Our team of experienced lawyers understands the unique challenges of bicycle accident cases and is skilled in handling them.
- Distracted driving accident. These accidents happen when a driver does not pay attention to the road due to distractions such as texting, talking on the phone, eating, and adjusting the radio. Our distracted driving lawyer is experienced in representing victims injured in these accidents.
- Truck accidents. Truck accidents are among the most devastating accidents on the road. These accidents can involve commercial trucks, tractor-trailers, and other large vehicles, resulting in catastrophic injuries or death. Our lawyers understand the complex laws and regulations governing the trucking industry, and we have the experience to represent clients in these cases.
If you’ve been involved in any of these types of accidents, it is crucial to seek help at Murphy Law Firm. Our professional car insurance claim lawyers can protect your rights and help you recover the compensation you deserve.
Why Do I Need an Attorney for My Car Accident Claim?
Attorneys can help with virtually every aspect of a car accident claim. They can offer personalized advice and support to maximize your damages.
Many individuals are surprised to find out that their settlement amount might be reduced or negated after speaking with an insurance agent themselves. This is because insurance adjusters can use the things you say against you to deny or reduce your compensation. An attorney who is well-versed in personal injury law can communicate with adjusters for you to make sure your case is well-represented.
Another issue that car accident victims often struggle with is how much they should accept in a settlement offer. It can be hard to quantify how much you’ve suffered after a car accident, even as the person who experienced the injuries firsthand. An attorney can add tangible numbers to your injuries to help cover costs while not getting shortchanged by an insurance company.
If you do receive an offer from an insurance company, an attorney can review the settlement before you accept it. Many people think the initial offer from an insurance company is plenty, but they don’t consider all the costs associated with their injuries. Attorneys can negotiate with other parties so that you can receive what your case is worth.
In the event that your case cannot be resolved outside of court, an attorney can help you in a trial. They can gather evidence to convince the judge and the jury that the other party was negligent and caused your injuries in your car accident. The attorneys at Murphy Law Firm are experienced in the courtroom and have a proven track record of representing clients in personal injury and car accident cases.
What Is No Pay, No Play?
You might have heard of Louisiana’s No Pay, No Play laws. These apply to individuals who are not covered by car insurance at the time of their accident. Even if an uninsured driver is injured by another driver, they might not be able to recover anything due to their lack of insurance. This is meant to incentivize drivers to hold the state’s minimum car insurance policy amounts.
There are exceptions to these laws, including if the property damage or medical expenses exceed the limits specified in the law. There are also exceptions for hit-and-runs, felonies, and being hit by a drunk driver. However, Louisiana clearly encourages individuals to have car insurance to recover damages in the event that they are in a car accident with an at-fault driver.
What Are Damages?
Damages are monetary rewards you might be able to recover if the other driver involved in the accident is determined to be at fault. There are many different types of damages that impact how much you might receive in total, including:
- Medical expenses. Receiving medical treatment for your injuries can be one of the most expensive parts of recovering from a car accident. This can include things like doctor visits, visits to practitioners in other fields for targeted injuries, surgeries, physical therapy, and more.
- Property damage. If your car can be repaired, you might receive compensation to fix it. If it is totaled, you could recover the market value of your car. If the accident damages other parts of your personal property, like your home, you might be able to receive money to make repairs.
- Employment losses. Injuries in a car accident can be severe enough to prevent victims from going to work. If this is the case, they might be able to recover damages for lost wages in the time period when they were unable to work. If a victim is disabled, they might also be able to apply for disability benefits through the government.
- Non-economic damages. Louisiana also allows victims to ask for damages that do not directly relate to the economic impact of a car accident, like the pain and suffering they experienced as a result of the accident. This can also apply to damages relating to losing some of your quality of life due to your injuries.
- Wrongful death. If the victim dies, and the family is filing on their behalf, they can still ask for non-economic damages associated with the loss of a family member. They can also recover expenses associated with funeral costs and medical expenses the victim incurred before they died.
- Punitive damages. These damages are less common and are meant to punish individuals who were especially careless or harmful and caused the accident by driving under the influence. They are intended to prevent future behavior as opposed to compensating the victim.
Each accident qualifies for different types of damages and different amounts, so it is difficult to determine an exact figure without speaking to an attorney.
How Long Will My Case Take to Resolve?
Car accident claims can take a considerable amount of time to finalize, and they can take even longer if the case goes to court. Claims involving greater injuries and higher damage amounts tend to take longer due to the amount of evidence required to prove these claims. They can also be extended if there are more than two parties involved in the accident or if multiple people are at fault.
In most cases, a claim starts by gathering information. This process is done by the victim, their attorney, and the insurance companies of everyone involved in the accident. Evidence like photos, videos, and testimony are gathered in order to determine who was at fault in the accident.
After the evidence-gathering period, the insurance companies and legal representatives may negotiate a settlement offer for the victim’s damages. Most cases are resolved during this phase to avoid expensive and time-consuming litigation. In the event that a settlement cannot be agreed upon, a court case might be filed.
The court process itself varies significantly depending on the complexity of the case. One individual’s court timeline might be significantly longer or shorter than another based on how long it takes to file the claim, the length of the discovery period, and how many cases the district already has to go through. Due to the strict time limits on personal injury claims, it is important to contact an attorney as soon as possible to maintain your eligibility for damages.
Comparative Fault
Louisiana follows comparative negligence in car accidents. This means that in some accidents, both parties can be somewhat at fault. If the plaintiff is found to be somewhat at fault for their injuries, they can still recover damages. However, they are reduced by the percentage they are found to be at fault. For example, if someone asks for $10,000 in damages and is found to be 25% at fault, then they may be entitled to $7,500.
It is helpful to have as much evidence as possible to determine fault in a car accident claim. Evidence can include things like photos and videos of the scene, the police report, and testimony from people who observed the accident.
In some cases, attorneys can gather opinions from professionals who are hired to add credence to your claims. There are medical professionals who can provide more context on the gravity of your injuries, accident reconstruction professionals who can offer input on vehicle specifications and crash details, and more. In the event of a court case, these professionals can help explain your case to the jury to advocate for your interests.
An attorney can help gather this evidence to show car insurance companies or present it in a courtroom. They can even attempt to recreate the accident by considering things like the weather, conditions on the road, and how the driver was acting to prove your case.
The Do’s & Dont’s of a Traffic Accident
At the Scene
After the Accident
Filing a Police Report
Most car accidents need to be reported to law enforcement. If there are no injuries and 911 has not already been called, you can call the police station closest to you to report the accident. Depending on the context, they might ask you to stay at the scene of the accident until they get there. It is a good idea to remain at the scene to make sure you can offer information for the police report.
Once the police arrive, they will create a report of the accident. This document is important to have on hand for an insurance claim, so either request a copy at the scene or ask for instructions on how to order the report later before you leave.
It can also be useful to gather as much evidence as possible. Take photos and videos of the accident, each vehicle involved, and any property damage that occurred. You can also take photos of the road signs, traffic lights, and other details on the road. Make sure to gather the name and contact information of the other people involved in the accident, as well as any witnesses who observed the accident take place.
Once you are away from the accident, you can then file a claim with the insurance company. It might be a smoother process if you were able to gather evidence at the time of the accident, which is why calling the police to inform them of the accident is so important.
Do I Need to See a Doctor?
If you are in a minor car accident, you might consider recovering from your injuries on your own without consulting a medical professional. However, there are many benefits of seeing a doctor after a car accident.
Most importantly, many injuries after a car accident take a long time to reveal themselves. You might feel fine immediately after an accident, but injuries might start to appear in the hours or days afterward. A doctor can determine where the injury is in order to properly treat it. The longer an injury is left untreated, the more time it might take to resolve the issue in the future.
Seeing a doctor after an accident can also improve your odds of having your claim approved by an insurance company. One of the factors they look at when reviewing claims is whether or not the individual saw a doctor in the days following the accident. This can prove to them that you are taking your injuries seriously and that they are intense enough to require compensation.
Time is of the essence when seeing a doctor. If you wait too long to do so after an accident, an insurance company can attempt to argue that you saw the doctor for a different reason instead of for your injuries that occurred as a result of the accident.
What Do I Do if an Insurance Company Denies My Claim?
Just because an insurance company denies your claim does not mean you are no longer eligible for compensation. This is not a permanent decision, and it could be appealed, given the right evidence. If your claim gets denied, contact an attorney to see what your next steps might be.
Every insurance company denial comes with a letter that outlines why your claim was denied. In some instances, they might reconsider your claim if you provide more evidence. Regardless of their decision, an attorney can help reply by drafting a demand letter to argue your case and negate the reasoning behind their denial.
The appeal process can be obtuse and difficult to navigate as a non-legal professional. Car accident attorneys work have extensive experience with these challenges, and they understand how to file an appeal quickly and efficiently to receive damages faster. After this is filed, they can still negotiate for a settlement. If this appeal process fails, you can still file a claim in court to ask a judge and jury to determine who is at fault.
Insurance companies know that the average person involved in a car accident is usually uninformed about the insurance process. They can use this to their advantage by asking for extreme amounts of paperwork, taking statements you say out of context to use against you, and intentionally delaying decisions to avoid paying out the claim. Working with an attorney can prevent you from being manipulated by an insurance company.
Traffic Accident Lawyers in Baton Rouge
Traffic accidents and wrecks can be devastating to your life if you are hurt or sustain property damage. If you leave your fate in the hands of the insurance agencies, you won’t get the compensation you are entitled to receive. They will do anything they can to pay out as little as possible, no matter the severity of the damage that has been done.
We’re here to help fight for you! Murphy Law Firm has a team of Baton Rouge car wreck attorneys who are all courtroom tested, and the insurance agencies know it. Our traffic accident team digs deep into every case to ensure that our clients find every bit of damage they could receive compensation for as a result of their injuries. Contact us today to schedule a free consultation and let our traffic accident attorneys work for you. Don’t be a victim twice! Boo
FAQs
Q: Is Louisiana a No-Fault State?
A: Louisiana is an at-fault state. This means that the person who caused a car accident is typically responsible for paying most of the damages associated with it. However, Louisiana also follows comparative negligence, which could reduce the amount of damages someone receives if they are found to be partially at fault for the accident.
Q: What Happens When a Car Accident Claim Exceeds Insurance Limits in Louisiana?
A: If a car accident is your fault, then you are expected to pay for the damages once insurance limits are exceeded in Louisiana. The amount owed might depend on the other driver’s insurance coverage as well. The specific amount owed varies based on the details of the accident. If the other party was at fault and your damages are not covered in full by their insurance, you can file a personal injury claim. Underinsured/uninsured motorist insurance can also cover some costs.
Q: Can I Lose My House Due to an At-Fault Car Accident in Louisiana?
A: You could lose your house due to an at-fault car accident in Louisiana. If you are the defendant in a personal injury claim, the judge might find you at fault for the other person’s injuries or property damage. This means you might be responsible for paying out damages.
In some cases, your wages might be garnished, or your house might be taken to repay the debt. One effective way to prevent this from happening is by purchasing additional liability insurance coverage on top of mandated minimums to lower the odds of owing damages.
Helping Baton Rouge Residents File Car Accident Claims
Car accidents can be overwhelming. You might be recovering from injuries, negotiating with insurance companies, and repairing or replacing your car, all at the same time. Working with an attorney can help lighten your load and ensure your settlement is sufficient. For assistance with your motor vehicle claim, schedule a consultation with Murphy Law Firm today.
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