Accidents never come with a warning, and that’s why you usually can’t avoid them. Some accidents might lead to a minor injury, but in other cases you may be confined to your hospital bed for a few days or weeks. Accidents that require a hospital stay will lead to loss of wages, suffering, and increasing medical bills. But if someone else is responsible for the accident, then you are not liable to pay for these losses. According to Louisiana State Law, if the accident has occurred because of carelessness, intention, or ignorance of someone else, then you are eligible for compensation for injuries and damages incurred.
In order to obtain compensation, you will need to file a case with the help of a car accident attorney in Baton Rouge. Your attorney will help you determine the amount of compensation commensurate of your injuries, and you and the other party will present your case in court. You should know that in order to gain full compensation you deserve, you will need to prove that the other person is solely responsible for the accident, and for that, you will need indisputable evidence.
So, let’s discuss what can be used as evidence in a personal injury case.
A principal article that can act as evidence in court is the police report. You should never forget to file the report with the authorities. When you appear in court with your personal injury case, the first thing that the judge will ask for is the police report. The police report contains a detailed description of the accident, and acts as a record of evidence in court. From the timing of the accident to the persons involved in the accident, police reports are a written record of the officer at the scene of the accident. .
In addition to the police reports, it is best if you can provide photos of the accident scene. Photos provide a visual that words simply can not do justice, full compensation may depend on your ability to photograph the scene adequately. Photos should include the other vehicle involved in the accident and its vehicle identification number (license plate). If you can, also provide images showing the weather at the time of the accident, the condition of the road, and the surrounding area. If your injuries are clearly visible, you should also take pictures of the injuries, as it can help you prove the severity of your accident in court. If possible, these pictures should be gathered by you and submitted to your car accident attorney in Baton Rouge in order to strengthen your case.
Eyewitnesses can play a very important role in your case. If you have noticed a particular eye witness of your accident, you or the officer at the scene should approach them for a recorded statement. You should note their name, address, phone number, and email address of the eye witness. If possible, the authorities should get a written statement from the eye witness as it will help strengthen your case in the court. If an eye-witness statement can not be obtained at the scene, your attorney can contact them to give eye-witness testimony in the court.
Gathering the right pieces of evidence is vitally necessary in order to recover the just compensation you deserve in a car accident. Presenting the collected evidence in court will usually require a car accident attorney in Baton Rouge familiar with precedent.
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Personal injury cases can be very painful, not only from the financial point of view but also from the physical point. There have been many personal injury cases where the person injured has been confined to a recovery bed for weeks or years. This type of situation can lead to loss of wages, emotional trauma, and increasing medical bills well beyond the statute of limitations for filing your case. If you are still bedridden, then dealing details necessary to prove the other party’s responsibility in the accident can prove a significant challenge. This is where a personal injury attorney can act as your agent, relieving you of the legal hassles.
If your personal injury case involves an act of negligence, then you will need to file a case in the court in order to recover compensation. But it doesn’t mean that it is compulsory for you to visit the court as many personal injury cases are settled outside the court. If you want to assure you are fully compensated for your personal injury, then it becomes important to hire a personal injury lawyer to act as your agent and guide you through the process.
In this blog post, we will look at the roles and responsibilities of a personal injury lawyer.
Help you in gathering evidence
One of the responsibilities of a personal injury lawyer is to gather the important evidence required to strengthen your case in court. A judge will require proof of negligence, the accident report may not be enough to prove negligence in your injury case. The court needs evidence, and a good lawyer can help you gather important evidence. Some of the most common and vital pieces of evidence used in personal injury cases are photos of the where the accident took place, damaged property, injury and weather conditions, police report, medical bills, medical reports, written statements from eyewitnesses, and much more.
Investigate the claim
Probably the largest benefit of hiring personal injury lawyer is they work on a contingency fee basis, this means that they will only charge the fee if you recover compensation for your injuries. Contingency fees work as incentive for the personal injury lawyers to investigate the claim very carefully, this compensation structure increases an attorneys commitment to winning the case.
Negotiation with the other party
It doesn’t matter how much you read about personal injury cases or how many videos you watch on tips to win a personal injury case; on your own, you stand little chance of full compensation against the agents of the insurance companies. These agents are exceedingly competent at minimizing compensation and extracting testimony to use against you in allocation of fault. This is where a personal injury attorney can help you. With their experience and expertise, personal injury lawyers can help you in negotiating with the insurance company.
Explain your rights
If you are filing a personal injury case, it is crucial you know your rights. When you chose an experienced injury lawyer, they will explain your right to compensation, toughly the amount of compensation you are entitled, and the types of losses you can file for, a good lawyer will also explain your position in the case.
Before attempting to negotiate your personal injury case on your own, consider scheduling a free consultation with a Louisiana Personal Injury Lawyer.
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While Louisiana is best known for its festivals, we might well be known second best as the state with the highest insurance rates. If you’ve been in a fender bender or worse, you will be thankful that in Louisiana, insured drivers are aptly able to recover damages. Below you will find important information on car accident compensation laws.
Louisiana utilizes the 'fault' system for its insurance claims. In a fault system, you are required to prove that the other driver was at fault before compensation can be recovered for injuries suffered in an accident.
Unfortunately, Louisiana’s 'compulsory coverage' rule (a.k.a. as 'pay to play') stops an injured party from recovering compensation of the first $15,000 of bodily injury, and the first $25,000 in property damage if the injured party doesn’t have insurance.
Although the compulsory coverage rule may seem unjust to the injured, the 'pure comparative fault' system LA. uses is quite substantial. Under this rule, if a driver is less than 100% at fault - they may recover some portion of damages. As an example, if a driver is found to be 98% at fault and suffers losses equal to $10,000, they might recover $200 in damages—quite a contrast to other states where a driver over 50% at fault recovers nothing.
Types of Damages
Auto accident damages are generally categorized as one of two categories: economic and non-economic damages. Financial damages are called economic damages that include repair or replacement of the damaged vehicles, lost income, medical expenses - past and future, and additional out-of-pocket costs. Harder to determine damages, such as emotional suffering, pain, disability, or disfigurement, are defined as non-economic damages.
Common car accident damages can include:
For the most part, Louisiana does not cap on damages in injury or car accident cases – with the notable exception of car accidents involving a government agency. The state has imposed a total limit of $500,000 on damages awards. In addition, Louisiana has a relatively short statute of limitations of one year.
And while generous with most auto accident cases, serious injuries that require hospital stays are further obstructed by a state-imposed medical malpractice cap. If by some extraordinary series of misfortunes, a medical professional exacerbates the injury, the medical professional can only be held liable up to $100,000 in damages, with a total recovery of $500,000. The additional $400,000 is paid by the Patient's Compensation Fund.
Armed with the information above, you can see why it is in your best interest to speak with a Car Accident Lawyer when involved in an accident in Lake Charles, Louisiana.
If you are involved in a car, truck, or motorcycle accident in Louisiana, consider calling an experienced car accident attorney for a free evaluation of your case, even if you are partially at fault. With a medical malpractice cap, the short statute of limitations and the compulsory coverage rule, it can be difficult to recover compensation for damages and injuries. Contact a Louisiana car accident attorney as early as possible to ensure you are educated on your legal options.
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