Car accidents may leave some drivers with only minor injuries while others might face life-changing injuries and medical complications. Whatever your circumstances may be, you deserve justice. Contact our legal team for help obtaining fair financial compensation for your car accident.
You may obtain compensation by filing insurance claims, negotiating settlements, or filing personal injury lawsuits. The best legal option will depend on your circumstances, evidence, and overall needs. Immediately after an accident, you or someone with you should call 911 for help. Document the accident scene by recording photos and videos, if you can. Once you have gotten treatment, call a lawyer to discuss the accident, your damages, and how to file a claim.
Request a private, free legal evaluation by calling our car accident attorneys at the Schoenfeld Law Firm at (504) 688-7760.
How Do You Get Financial Compensation After an Auto Accident?
Many car accident victims file insurance claims for compensation, but insurance may not be enough or may be denied. You may instead choose to take your claims to court by filing a personal injury lawsuit. Even if the insurance company denied your claims or otherwise refused to cover the accident, they may be legally obligated to pay your damages if you win your lawsuit.
What to Do After a Car Accident in Thibodaux, LA
What you do immediately following a car accident may significantly influence your legal claims and whether you can get the compensation you need.
Call 911
Your first step should be to call 911. Ask for help, including emergency medical responders and the police. Inform the 911 dispatcher of any injuries, damage, or other details they may ask about. The faster you get help, the better.
If you do not need an ambulance, you should still have someone drive you to the hospital as soon as possible, preferably right after you leave the accident scene. Any gap between the accident and when you first seek treatment might raise doubts about your claims.
Exchange Information
While waiting for help, exchange information with the other driver and other people around the accident scene. You and the other driver are legally required to exchange information for insurance purposes. If they refuse, stay calm and wait for the police.
Talk to other people who may have witnessed the crash. They may provide valuable testimony later, and we need to be able to track them down.
Document the Accident Scene
Try to document as much information about the accident as possible before the authorities clear the accident scene. Photos, videos, and even written notes about what happened may be a huge help to us later. Your photos and videos may contain details about the accident that become lost once the scene is cleared.
Call a Lawyer
It is a good idea to call a lawyer after you are discharged from the hospital or, if you must remain in the hospital for a while, while you are still being treated. Your lawyer can review the accident details, begin assessing damages, and help determine the best way for you to get financial compensation.
How Does Auto Insurance Affect a Car Accident Lawsuit?
Louisiana is a fault or tort state, meaning injured drivers usually file third-party claims with the at-fault driver’s insurance and must present evidence of fault.
If you accept an insurance settlement, your claim is over, and you cannot take the case to court. You do not have to file an insurance claim. If you do, you do not have to accept whatever settlement the insurance company offers. Talk to an attorney before accepting anything from the insurance company.
Factors That Affect How Much Your Car Accident Case is Worth
Each case is unique, and the value of your compensation will depend on your injuries, vehicle damage, and numerous other factors surrounding the accident.
Severity of Bodily Injuries
The severity of your injuries is a major factor in your claim for damages. The more seriously you are hurt, the more damages you should be able to claim.
More serious injuries often require more extensive medical treatment, which in turn leads to higher medical bills. Not only that, but more severe injuries tend to be more painful and cause physical and emotional distress and pain, which should lead to greater claims for non-economic damages.
Your Ability to Work
It is normal for injured drivers to need time away from work to recover after an accident. The longer you cannot work, the more income you may lose. All the income you have lost and may continue losing for as long as you cannot work should be calculated and incorporated into your damages.
If you are so badly injured that you need to leave work indefinitely, our car accident lawyers can help you claim extensive damages for lost future earnings.
Your Actions During the Accident
If you did anything negligent or that could be considered as negligence, your claim for damages may be reduced or even denied.
Louisiana imposes a modified comparative negligence law. Under this law, a plaintiff’s damages may be reduced according to their share of fault. If you are determined to be 10% responsible for the accident, you may lose 10% of your damages.
However, if a plaintiff is 51% or more responsible, they may be barred from recovery and will not receive any compensation.
The Defendant’s Actions
While we should be examining the defendant for signs of fault, especially bad behavior may allow you to claim punitive damages.
Louisiana generally does not allow claims for punitive damages unless specifically authorized by statute. Such damages may be awarded in car accident cases only if the other driver was intoxicated at the time of the accident. If the defendant had been drinking or taking drugs before the accident, you may claim extensive punitive damages.
How Much Time Do You Have to Sue for a Car Accident in Thibodaux, LA?
Plaintiffs in Louisiana have only 2 years to file a personal injury lawsuit. This limitation period typically begins on the day of the accident, barring special circumstances. If you do not file your case on time, you may be time-barred from ever filing it. Not knowing the deadline is not a valid excuse.
Ask Our Car Accident Attorneys in Thibodaux, LA for Legal Support Today
Request a private, free legal evaluation by calling our car accident attorneys at the Schoenfeld Law Firm at (504) 688-7760.
