In Louisiana, you can sue a driver who causes an accident to recover compensation for injuries, losses, and damages. However, you must prove that:
- The driver was responsible for causing the traffic accident;
- Your injuries were a direct result of the collision; and,
- You sustained damages because of the accident and your injuries.
A variety of evidence is used in proving fault and liability in a New Orleans car accident case. Some of the evidence that our NOLA accident attorneys use to prove the at-fault driver caused the accident include physical evidence and testimony from various witnesses. Proving damages usually requires evidence of medical expenses, lost wages, and evidence supporting pain and suffering damages.
The Importance of Eyewitnesses and Expert Witnesses in a Car Accident Case
Witnesses can be the crucial factor in winning a car accident case. If possible, we want to locate witnesses who actually saw the accident happen. Drivers and passengers may testify; however, the parties have a vested interest in the outcome of the case. Therefore, the jury may not believe their testimony is completely unbiased.
However, an eyewitness who was not involved in the accident does not have a stake in the outcome of the case. For some jurors, the testimony offered by an eyewitness may carry more weight because the eyewitness is not a party to the claim. Therefore, if you are involved in a car accident, you want to ask for the names and contact information of anyone who stops to help after the accident.
In some cases, we may need the assistance of one or more expert witnesses to help establish fault, liability, and damages. Using an expert witness can be beneficial in many ways including:
- Explaining difficult and complex theories or matters to the jurors in a way the jurors can understand;
- Adding credibility to the arguments of the parties;
- Help the attorneys identify weaknesses and strengths in their case and the opposing party’s case; and,
- Assist in identifying other arguments that may be used to strengthen a case.
An expert witness is an individual who has specialized training, education, and experience in a specific area. The party who wishes to introduce evidence from an expert witness has the burden of proving to the court that the person is an expert. Evidence that an attorney may offer to prove a person is an expert in a certain field includes proof of a high degree of education, years of experience, elevated levels of training, extensive research, and published papers or studies.
Fighting to Protect Your Right to Fair Compensation for Injuries
Most car accident cases settle before a lawsuit is filed. However, you want an attorney who prepares your case as if you are going to court. Providing extensive evidence to the insurance company during negotiations can lead to a fair and just settlement without the necessity of filing a lawsuit. Our New Orleans accident attorneys treat every case as if we are preparing for a lawsuit, regardless of the size or complexity of the case.