Any car accident has the potential to cause catastrophic injuries and expensive property damage. After experiencing an accident in the Baton Rouge area, you may wonder what next steps to take to secure your rights and obtain the compensation you need to handle your medical bills and vehicle repairs or replacement. The experienced Baton Rouge car wreck attorneys at Murphy Law Firm are here to help.
Our personal injury lawyers have built a reputation based on trust and success. Our family of clients has grown thanks to referrals from past clients who know they can trust our car accident attorneys to handle even the most complex personal injury cases, insurance complications, and intense litigation. If you believe another driver is responsible for your accident and injuries, it’s vital to understand the process of filing a personal injury claim and have some idea of how to handle insurance companies that attempt to delay or deny your insurance claim.
Car accidents that happen at higher speeds have a greater chance of causing fatalities and serious injuries, but even crashes at moderate speeds can cause catastrophic damage. Some of the most common injuries resulting from car accidents include:
Car crash victims who suffer such injuries not only have to contend with the damage to their vehicles, but also expensive medical bills and possibly even ongoing treatments and permanent disabilities. If you are wondering if your recent car accident would qualify for a personal injury lawsuit, your first question should be whether the accident was preventable. Changing road conditions and sudden hazards can cause accidents that are not the drivers’ fault, but, when car wrecks occur due to the negligence of other drivers, injured victims can pursue compensation for their damages through personal injury claims against those negligent drivers.
Over the past several years, thousands of vehicle accidents occurred in the Baton Rouge area, causing many fatalities:
These statistics indicate that the risk of experiencing a car accident is very real for residents of the Baton Rouge area. At Murphy Law Firm our clients can count on the full range of our experience and resources to reach the best possible result in their cases. Car wrecks often involve various types of damages, and our team of personal injury attorneys know how to explore every available channel of compensation on your behalf.
If you or a loved one recently suffered injuries or other damages from a car accident in Baton Rouge, you may wonder whether a Baton Rouge car accident lawyer can help. While some private citizens manage to successfully represent their own interests in legal matters, this is extremely rare and generally inadvisable. Pursuing a lawsuit without professional representation can be difficult and overwhelming, especially if you were seriously injured. Speaking with a professional can give you time to heal peacefully, while they take care of filing paperwork and deal with demanding insurance companies.
Often, hiring a personal injury lawyer in Baton Rouge will make the opposition approach your case differently. Hiring an attorney shows the other parties involved in your case that you are serious and that you intend to fight for your rights. Our injury lawyers at Murphy Law Firm do much more than handle the courtroom end of a car wreck case. We also help clients gather critical evidence and ensure that insurance claims adjusters work in good faith to process our clients’ claims.
Imagine this scenario:
A driver is using his cell phone and speeding through a residential area. He fails to notice a stop sign and drives through the intersection, striking a car passing through the intersection with the right-of-way. The other driver suffers a concussion and multiple broken bones. The other driver’s car sustains severe damage, resulting in the car insurance company totaling the vehicle.
In this scenario, the at-fault driver’s obligation to follow the rules of the road is his “duty,” and the speeding, cell phone use behind the wheel, and running the stop sign all constitute “breach.” The plaintiff’s totaled car and injuries form the “damage” in the case, and the plaintiff only needs to provide enough evidence to show these damages resulted from the defendant’s careless driving and not some other cause.
While this example is very straightforward, reality is rarely this black and white. Hiring a personal injury attorney will greatly increase an injured driver’s settlement or case award following an accident with a negligent driver. Additionally, the right car accident lawyer will know how to gather the evidence necessary for proving causation and securing the maximum amount of compensation possible for his or her client.
Personal injury law hinges on the legal concept of negligence, or one party’s failing to uphold a certain duty of care in a given situation. For example, licensed drivers have a duty of care to other drivers to follow posted traffic signs and obey the traffic laws. Speeding, aggressive driving, running stop signs, failing to use turn signals, and improper lane changes are a few examples of how drivers can violate or breach their duty of care on the road.
Proving negligence in a legal battle entails four elements:
The plaintiff has to prove the defendant owed the plaintiff a duty of care in the given situation.
Next, the plaintiff must show the court how the defendant violated this duty.
The plaintiff can only sue for the direct results of the defendant’s negligence, so the plaintiff must prove his or her.
The plaintiff can only sue if he or she suffered damages, or actual harm.
Louisiana also follows a pure comparative negligence law . Many states use a modified comparative negligence law that allows plaintiffs to secure compensation for damages for which they are partially at fault, up to 50%. Louisiana’s pure comparative negligence law instead allows plaintiffs to secure compensation even if they are 99% at fault for an accident – they would simply secure 1% of the claimed amount.
Louisiana’s pure comparative negligence law highlights another important reason for hiring a car accident attorney: The average person may not know how to fight a claim of partial fault. Handling such a case requires extensive knowledge of state laws, evidence gathering, and testimony from eyewitnesses and possibly even expert witnesses. If a vehicle defect causes an accident, a lawyer can help navigate the subsequent product liability claim against the manufacturer. Some car accident cases wind up involving multiple defendants, cross claims, counterclaims, and many other situations best left to trained car accident attorneys.
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