Baton Rouge School Bus Accident Lawyer

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Baton Rouge School Bus Accident Lawyer

Thousands of parents in the Baton Rouge area trust local school bus services to transport their children safely to and from school every day. It is every parent’s worst nightmare to hear their child has been harmed in a bus accident, and if such an incident occurs, it is crucial to know what you can do to ensure accountability and recover compensation for your family’s damages. A Baton Rouge school bus accident lawyer will be an invaluable asset in this situation.

Experienced Legal Counsel for School Bus Accident Claims in Baton Rouge, LA

The team at the Murphy Law Firm has years of professional experience representing injured clients in all types of civil claims, including accident claims involving school buses. We know that any such accident is likely to raise many difficult questions the average person will not be able to answer on their own, and they may face a great deal of uncertainty when it comes to determining fault and directing their legal efforts to recover.

Our firm takes time to listen to each client’s unique story, helping them make clearer sense of their legal situation and explaining the various steps they may need to take to recover compensation for their losses. When your child has been injured in a school bus accident, it is natural to want answers and to hold the appropriate parties accountable as quickly as possible to the fullest extent of the law.

When you choose our firm to represent you, we can carefully explain the series of legal proceedings you can expect in your efforts to prove liability for the accident and to hold the appropriate party accountable for the resulting damages. Liability for a school bus accident could fall to one or more parties, and you may contend with some legal restrictions if you are filing suit against any government-controlled entity.

Ultimately, a school bus accident claim may be more challenging to resolve than you initially expected, but with an experienced Baton Rouge school bus accident lawyer representing you, you can approach the situation with confidence. Our firm will do everything we can to streamline your family’s recovery and maximize the compensation we obtain from the parties responsible for causing the accident.

Proving Fault for a School Bus Accident in Baton Rouge

Before the victim of any type of vehicle accident can recover compensation for their damages, they will first need to prove fault for those damages. This means identifying the party or parties responsible for causing the accident and proving exactly how they caused it. This same rule applies to a school bus accident, but it is possible for multiple parties to bear fault.

Liability for a school bus accident could fall to a driver who hit the school bus. In this situation, the at-fault driver would bear liability for any damages suffered by the passengers on the bus as well as the driver. It is also possible for a school bus driver to be responsible for the accident, and the school bus company may bear fault for the actions of their employee under certain conditions. In other cases, liability may fall to the school district.

Your Baton Rouge school bus accident lawyer can help you accurately determine fault for the school bus accident your child experienced. This may require testimony from any witnesses who saw the accident happen, as well as various forms of physical and digital evidence. For example, photos of the accident scene, footage captured by nearby traffic cameras, and drivers’ cell phone records could all come into play as valuable evidence in your case.

Recovering Compensation With an Auto Insurance Claim

Every driver in Louisiana is required to have auto insurance that meets minimum coverage requirements. A standard individual policy must provide at least $15,000 to cover bodily injury to a single person, at least $30,000 to cover bodily injury to more than one person in a single accident, and at least $25,000 to cover property damage. Drivers typically have the option of purchasing additional coverage beyond these minimum requirements.

Once fault is established for a vehicle accident, the injured party can file a claim against the at-fault party’s auto insurance policy. The claimant will need to submit various forms and documentation to show the full extent of their damages, and the insurance company is required to investigate the claim. However, it is prudent for a claimant to always assume that an insurance company will push back against their claim in whatever way possible.

Insurance companies will often look for reasons to deny claims or justify the smallest possible settlement offers, hoping that a claimant’s desperation will compel them to accept the first offer they receive. Some insurance companies will even engage in bad-faith tactics to limit their liability. However, they are less likely to attempt these unethical tactics with claimants who have legal representation.

Your Baton Rouge school bus accident lawyer can help you file your claim to the appropriate insurance carrier and resolve any disputes they may raise against your claim. When you receive a settlement offer, your attorney can review it to determine whether it is acceptable, helping you to maximize the compensation you obtain through the insurance claim filing process.

Filing a Personal Injury Claim for a School Bus Accident

If insurance won’t fully cover your losses, or the at-fault party does not have insurance, a personal injury claim is likely to be your most viable recovery option. Success with any personal injury claim in the state will require proving that the defendant named in the claim is directly responsible for the plaintiff’s damages. The plaintiff will need to prove the defendant was negligent or illegally harmful in a manner that directly resulted in actual harm.

Success with a personal injury claim requires proving that the defendant is liable for the damages based on a preponderance of the evidence, meaning that the evidence shows the defendant is more likely than not liable for the plaintiff’s damages. Meeting this standard of proof will likely require leveraging all available evidence along with witness testimony.

Once you have proven liability for a personal injury, your attorney can help you collect compensation for the damages the defendant caused. In most personal injury cases, a plaintiff will have the right to seek compensation for their immediate and future economic damages, such as

  • Property damage. If you were driving your own vehicle when you were involved in a school bus accident, the at-fault party would be responsible for your vehicle repair costs. You can also seek compensation for any other property losses resulting from the accident.
  • Medical expenses. A school bus accident can easily result in severe injuries. The defendant responsible for causing the accident is liable for the cost of all medical care you need to fully recover from your injuries. This includes not only immediate medical treatment costs following the accident but also the cost of any future care the victim may need to reach maximum medical improvement.
  • Lost income. When the plaintiff is unable to work because of the harm the defendant caused, the defendant is liable for the wages the plaintiff is unable to earn during this time. This also applies to lost future wages when the plaintiff cannot return to work due to the severity of their injury. They can claim compensation for the income they otherwise would have been able to earn if they hadn’t been injured.

In addition to these economic damages, the injured plaintiff also has the right to seek compensation for the pain and suffering the defendant caused. This may sound difficult to translate into monetary figures, and state law does not require a plaintiff to use a special formula to calculate pain and suffering in their claim. They have the right to seek whatever amount they believe to be fair to reflect the severity of their experience.

Your Baton Rouge school bus accident lawyer can help you determine a reasonable amount of pain and suffering compensation to include in your claim. If your child was severely hurt and faces any measure of long-term or permanent complications, you may be able to recover a substantial pain and suffering award from a successful personal injury claim.

Resolving Your School Bus Accident Claim in Baton Rouge

While the standard process of filing a personal injury claim against a private defendant can be daunting, attempting to file a claim for compensation against any public entity imposes a host of additional challenges you will need to overcome. The plaintiff in this type of case will need to provide advance notice of their intent to file a suit, and certain aspects of their recovery will be limited.

In all other personal injury cases, it is possible to settle these cases outside of court as long as the parties involved are willing to negotiate mutually acceptable terms. Otherwise, the case will need to be resolved in litigation. Whatever your case requires, trust the team at the Murphy Law Firm to provide comprehensive, unwavering legal support for all the recovery efforts you must attempt in the aftermath of a school bus accident in Baton Rouge.

FAQs

Q: Is the State a No-Fault State for Vehicle Accidents?

A: No, it is not a no-fault state for vehicle accidents. The fault rule applies, meaning whoever is at fault for an accident absorbs liability for the resulting damages. The injured party will need to prove fault before they can recover compensation for their damages, and it is possible for more than one party to share fault for a vehicle accident. Your Baton Rouge school bus accident lawyer can help you establish fault for your recent accident.

Q: What Happens if a Plaintiff Is Partially at Fault for an Accident?

A: In the event a plaintiff is found partially at fault for an accident, they will have a fault percentage assigned that reflects their share of liability for the accident. They will then lose this percentage of their case award as a penalty. The state’s pure comparative fault rule can apply to any type of personal injury case in which the plaintiff shares fault with the defendant, and your attorney can advise you as to whether this issue could arise in your claim.

Q: How Are Pain and Suffering Calculated in a Personal Injury Case?

A: In a personal injury case, pain and suffering compensation can be calculated in various ways. State law does not require a plaintiff to use a specific formula to assess pain and suffering compensation they can seek with most types of personal injury cases. However, pain and suffering compensation will be limited if a plaintiff is filing a claim for compensation against any government entity.

Q: Why Should I Hire a Baton Rouge School Bus Accident Lawyer?

A: You should hire a Baton Rouge school bus accident lawyer because you are significantly more likely to succeed with your claim when trustworthy legal counsel supports you. Your attorney can identify all the various forms of compensation you can claim and accurately calculate projected future losses, enhancing your recovery. You are also likely to reach a positive outcome to your case more quickly than you would be on your own.

Q: How Long Will It Take to Resolve a School Bus Accident Claim?

A: The time it could take to resolve your school bus accident claim will vary based on multiple factors. If you have an experienced attorney representing you, they can streamline your recovery efforts significantly. They can help you navigate the insurance claim filing process more efficiently and secure a favorable settlement offer. If you must file a civil suit, they can potentially help you settle the case outside of court, avoiding lengthy litigation.

The team at the Murphy Law Firm has the professional resources, skills, and experience necessary to handle the most complex accident claims efficiently. Our goal in every case we accept is maximum recovery for our client in the shortest possible timeframe. You have a limited time in which to build your case, so contact us today and schedule your free consultation with a trustworthy Baton Rouge school bus accident lawyer.

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