When you are injured in a car, truck, or motorcycle accident in Louisiana, you might be able to recover compensation from the other party. However, your accident claim hinges on several factors, including proving liability for the cause of the crash. If you cannot prove that the other driver was at least partially at fault for the crash, you cannot recover money from that driver for your damages.
However, in Louisiana, there can be more than one liable party for an accident. Under the state’s comparative fault laws, all responsible parties will be assigned a percentage of fault. That percentage of fault impacts the person’s ability to recover full compensation for damages. Our New Orleans accident attorneys understand the complex fault laws for the state and how to build a strong case against other parties for fault.
Elements of Fault in a New Orleans Accident Claim
In order to hold a party responsible for your damages, you must prove certain elements of liability and fault. While each case is different, you must prove certain elements, in any case, to hold a party liable for costs. Those elements include:
- The person owed you a duty of care, such as the duty all motorists have to act in manner that does not put others are risk;
- The person breached the duty of care by a careless, reckless, or negligent act (e. drunk driving, texting while driving, speeding, tailgating, driving the wrong way, etc.);
- The breach was the cause of the collision;
- You suffered injuries as a direct result of the collision; and,
- Because of your injuries, you suffered damages that you would not have suffered had it not been for the collision.
Proving liability is a crucial step in recovering compensation for your damages after a motor vehicle accident.
Damages in a NoLA Motor Vehicle Accident
Because each case is different, you may or may not have the same damages as another person in a similar accident. However, common damages we see in traffic accident claims include:
- The cost of medical care, including surgeries, emergency room visits, ambulance costs, physical therapy, medical equipment, medications, etc.
- The amount of income lost because of the accident, your injury, and your recovery.
- Property damage related to the cost of repair or replacement of your vehicle.
- Pain and suffering damages for your physical pain, stress, anguish, and suffering
- Permanent disability
- Disfigurement, burns, and scarring
- Other expenses related to the accident, your injuries, or your recovery
- Future lost wages and ongoing medical or personal care if you suffer a permanent disability
The exact value of an accident claim cannot be determined until you reach maximum medical recovery. It is important to work with a New Orleans injury lawyer who will not rush to settlement simply to end the case. You want an attorney who will act in your best interest at all times.
Call for a Free Legal Consultation with a NoLA Accident Lawyer
Contact Attorney Fred Olinde of The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to request a free consultation with a New Orleans accident attorney.