A car accident can be a traumatic situation, regardless of the circumstances. If you were at fault for the accident, or you are facing claims even if you were not at fault, you may be wondering what to do if someone sues you for a car accident in Louisiana. While many claims are settled through negotiations, some can proceed to court. It can be helpful to understand the process of filing a claim and what you can do to protect your rights and financial interests.
In Louisiana, those who are injured in an accident can recover financial compensation for their injuries by filing an insurance claim with the insurer of the at-fault driver. A skilled car accident lawyer can help guide you through the process, ensuring that you receive the full compensation you are entitled to for medical expenses, lost wages, pain and suffering, and other damages related to your accident.
Most car accidents are caused by the negligence of one of the drivers involved. If you are determined to be at fault, it may be for actions like failing to yield right-of-way, driving fatigued, or speeding. If these actions led to the crash, you can be held liable.
Even if you are found liable, this does not always mean you are the only liable party. Multiple drivers in the accident may have partially contributed to the accident. If this is the case, you are only responsible for your portion of the fault.
There may also be other parties to blame for the accident, although this is less common. For example, the manufacturer of a faulty car part or a mechanic who performed insufficient maintenance can be held liable if those actions led directly to the accident. Louisiana car accident statistics reveal that the state faces a significant number of collisions annually, emphasizing the importance of understanding who is at fault in any given accident. In these cases, working with an experienced attorney can help identify all potentially liable parties and maximize the compensation you are entitled to.
However, if you are found solely liable for an accident, this doesn’t automatically mean you will be sued. Claims are first negotiated by insurance companies and their legal teams before the court becomes necessary, potentially eliminating the need for court entirely.
After a car accident, it is important to contact your insurance company to tell them the accident occurred. It is also helpful to contact a skilled car accident attorney, regardless of whether you were at fault or not. An attorney can protect your personal interests and conduct a useful third-party investigation into the accident.
Individuals who were injured in the crash file a claim with your insurer. Your insurer will investigate the accident and determine fault. During negotiations, the injured party and their legal support work to get compensation for their injuries and other losses. The injured party cannot recover more than your insurance coverage limits. A car insurance claim lawyer can assist in ensuring that the injured party receives fair compensation, and can also provide guidance through the complexities of the insurance claims process.
Your insurance company will be working to limit their liability and pay as little as possible. If the other party is not satisfied with your insurer’s settlement offers, the case may go to trial, so it is ideal to settle the case outside of court, particularly if you were entirely at fault for the accident. The process of litigation can take a lot of time. If there is sufficient evidence that you were the only at-fault party, your insurer is likely to settle prior to trial. The average car accident settlement can vary greatly depending on the specifics of the case, including the severity of the injuries and the damages involved. Working with a skilled car accident lawyer can help ensure you receive a fair settlement, and in some cases, more than you initially anticipated.
If the case goes to trial, then it is likely your insurer will still be handling the case, and you will not be held personally liable. Even if you lose the case in court, your insurer is responsible for those costs. An experienced personal injury attorney can help you understand your rights and what you are responsible for after a car accident.
Someone can sue for their total damages after a car accident in Louisiana if they were not at fault for the crash. The injured party can recover any of the following costs they sustained:
If someone sues your insurance after a car accident, your insurance will likely defend you. After a car collision, all involved insurers investigate the case and work to minimize their own liability.
The insurer and their attorneys may negotiate a settlement with the other party or parties in the accident. Whether the case proceeds to court or is settled beforehand, compensation is paid by your insurance.
The most effective way to defend yourself against a car accident claim is to inform your insurer of the incident and contact a skilled car accident attorney. An attorney can investigate the cause of the accident. If you were not at fault, or other parties were also partially at fault, you could recover damages yourself. If you were at fault, the support of an attorney can help you understand the process and any decisions made by your insurance company.
Most car accident lawsuits are paid by your insurance, so it should not matter if you have no money, even if the claim is handled in court instead of negotiations. In cases where insurance coverage does not apply or you do not have insurance, there may still be limits on what you pay out of pocket. Louisiana requires you to have a certain amount of car insurance, and this coverage can help protect your financial interests.
You may experience many personal and financial stressors after a car collision. If you are being held liable, you need legal support to protect your interests. An attorney can help investigate the crash, determine if other parties are partially to blame, and inform you of your options for the future.
At Murphy Law Firm, we have worked in personal injury law for 30 years, with 150 years of combined legal experience between our team. We can help you if you have been in a car accident. Contact our firm today to schedule a consultation with one of our experienced car accident attorneys.