In a personal injury claim in Louisiana, it is possible to sue for pain and suffering. These types of damages are considered non-economic damages. Economic damages cover things like medical expenses and loss of income. Different cases might qualify for different damage amounts, depending on the circumstances. For more information on what you might be entitled to, talk to a Louisiana personal injury attorney.
Baton Rouge Car Accident Lawyer
Truck Accidents
Motorcycle Accidents
Drunk Driving Accidents
Car Insurance Claims
Bicycle Accidents
Distracted Driving Accidents
Uninsured/Underinsured Motorist Accidents
Off-Road Vehicle/ATV Accidents
Train Accidents
RV & Trailer Accidents
Rollover Accidents
School Bus Accidents
Baton Rouge Car Accident Attorney
Car accidents are usually associated with paperwork, headaches, and injuries. However, your legal responsibilities can be mitigated with the help of an attorney, who can help file claims and talk to insurance adjusters to recover damages on your behalf. Our goal at Murphy Law Firm is to help our clients get back to living their lives as quickly as possible. Contact us for representation from a talented Baton Rouge car accident lawyer.
Delivering Success for Victims of Baton Rouge Car Accidents
The attorneys at Murphy Law Firm have an extensive history of helping victims of car accidents. They understand how to gather evidence for insurance companies, negotiate higher settlement amounts, and offer an advantage in court to provide results for their clients. Murphy Law Firm is based in Baton Rouge but can represent individuals from anywhere in the state of Louisiana for all type of personal injury cases.
At Murphy Law Firm, we understand that car and traffic accidents can happen in many ways and have varying degrees of severity. That’s why our team of experienced lawyers is prepared to handle a wide range of cases, including:
- Drunk driving accidents. Drunk driving accidents are a major cause of traffic fatalities and injuries. Drivers under the influence of alcohol or drugs are more likely to be involved in accidents due to impaired judgment, slowed reaction times, and poor decision-making.
- Car wreck accidents. These accidents refer to collisions between two or more vehicles, often resulting in significant damage and injuries to drivers and passengers. These accidents can happen for various reasons, such as driver error, road conditions, or faulty vehicle equipment. Our car wreck lawyer has extensive knowledge in handling these cases and can help victims navigate the complex legal process to recover compensation for their damages.
- Bicycle accidents. These accidents involve collisions between a bicycle and a motor vehicle or pedestrian. These accidents can result in serious injuries, such as head trauma, broken bones, and spinal cord injuries. Our team of experienced lawyers understands the unique challenges of bicycle accident cases and is skilled in handling them.
- Distracted driving accident. These accidents happen when a driver does not pay attention to the road due to distractions such as texting, talking on the phone, eating, and adjusting the radio. Our distracted driving lawyer is experienced in representing victims injured in these accidents.
- Truck accidents. Truck accidents are among the most devastating accidents on the road. These accidents can involve commercial trucks, tractor-trailers, and other large vehicles, resulting in catastrophic injuries or death. Our lawyers understand the complex laws and regulations governing the trucking industry, and we have the experience to represent clients in these cases.
If you’ve been involved in an accident, it’s essential to consult with the Murphy Law Firm. Our experienced attorneys can guide you through the legal process and ensure that you meet important deadlines, such as the Louisiana car accident statute of limitations. We’re here to help you secure the compensation you deserve.
Why Do I Need an Attorney for My Baton Rouge Car Accident Claim?
Attorneys can help with virtually every aspect of a car accident claim. They can offer personalized advice and support to maximize your damages.
Many individuals are surprised to find out that their settlement amount might be reduced or negated after speaking with an insurance agent themselves. This is because insurance adjusters can use the things you say against you to deny or reduce your compensation. An attorney who is well-versed in personal injury law can communicate with adjusters for you to make sure your case is well-represented.
Another issue that car accident victims often struggle with is how much they should accept in a settlement offer. It can be hard to quantify how much you’ve suffered after a car accident, even as the person who experienced the injuries firsthand. An attorney can add tangible numbers to your injuries to help cover costs while not getting shortchanged by an insurance company.
If you do receive an offer from an insurance company, an attorney can review the settlement before you accept it. Many people think the initial offer from an insurance company is plenty, but they don’t consider all the costs associated with their injuries. Attorneys can negotiate with other parties so that you can receive what your case is worth. Additionally, if someone sues you for a car accident in Louisiana, it’s important to have legal representation. An experienced attorney can help you navigate the lawsuit process, assess liability, and work to protect your rights and interests throughout the legal proceedings.
In the event that your case cannot be resolved outside of court, an attorney can help you in a trial. They can gather evidence to convince the judge and the jury that the other party was negligent and caused your injuries in your car accident. The attorneys at Murphy Law Firm are experienced in the courtroom and have a proven track record of representing clients in personal injury and car accident cases.
What Is No Pay, No Play?
You might have heard of Louisiana’s No Pay, No Play laws. These apply to individuals who are not covered by car insurance at the time of their accident. Even if an uninsured driver is injured by another driver, they might not be able to recover anything due to their lack of insurance. This is meant to incentivize drivers to hold the state’s minimum car insurance policy amounts.
There are exceptions to these laws, including if the property damage or medical expenses exceed the limits specified in the law. There are also exceptions for hit-and-runs, felonies, and being hit by a drunk driver. However, Louisiana clearly encourages individuals to have car insurance to recover damages in the event that they are in a car accident with an at-fault driver.
What Are Damages?
Damages are monetary rewards you might be able to recover if the other driver involved in the accident is determined to be at fault. There are many different types of damages that impact how much you might receive in total, including:
- Medical expenses. Receiving medical treatment for your injuries can be one of the most expensive parts of recovering from a car accident. This can include things like doctor visits, visits to practitioners in other fields for targeted injuries, surgeries, physical therapy, and more.
- Property damage. If your car can be repaired, you might receive compensation to fix it. If it is totaled, you could recover the market value of your car. If the accident damages other parts of your personal property, like your home, you might be able to receive money to make repairs.
- Employment losses. Injuries in a car accident can be severe enough to prevent victims from going to work. If this is the case, they might be able to recover damages for lost wages in the time period when they were unable to work. If a victim is disabled, they might also be able to apply for disability benefits through the government.
- Non-economic damages. Louisiana also allows victims to ask for damages that do not directly relate to the economic impact of a car accident, like the pain and suffering they experienced as a result of the accident. This can also apply to damages relating to losing some of your quality of life due to your injuries.
- Wrongful death. If the victim dies, and the family is filing on their behalf, they can still ask for non-economic damages associated with the loss of a family member. They can also recover expenses associated with funeral costs and medical expenses the victim incurred before they died.
- Punitive damages. These damages are less common and are meant to punish individuals who were especially careless or harmful and caused the accident by driving under the influence. They are intended to prevent future behavior as opposed to compensating the victim.
Each accident qualifies for different types of damages and different amounts, so it is difficult to determine an exact figure without speaking to an attorney.
How Long Will My Case Take to Resolve?
Car accident claims can take a considerable amount of time to finalize, and they can take even longer if the case goes to court. Claims involving greater injuries and higher damage amounts tend to take longer due to the amount of evidence required to prove these claims. They can also be extended if there are more than two parties involved in the accident or if multiple people are at fault.
In most cases, a claim starts by gathering information. This process is done by the victim, their attorney, and the insurance companies of everyone involved in the accident. Evidence like photos, videos, and testimony are gathered in order to determine who was at fault in the accident.
After the evidence-gathering period, the insurance companies and legal representatives may negotiate a settlement offer for the victim’s damages. Most cases are resolved during this phase to avoid expensive and time-consuming litigation. In the event that a settlement cannot be agreed upon, a court case might be filed.
The court process itself varies significantly depending on the complexity of the case. One individual’s court timeline might be significantly longer or shorter than another based on how long it takes to file the claim, the length of the discovery period, and how many cases the district already has to go through. Due to the strict time limits on personal injury claims, it is important to contact an attorney as soon as possible to maintain your eligibility for damages.
Comparative Fault
Louisiana follows comparative negligence in car accidents. This means that in some accidents, both parties can be somewhat at fault. If the plaintiff is found to be somewhat at fault for their injuries, they can still recover damages. However, they are reduced by the percentage they are found to be at fault. For example, if someone asks for $10,000 in damages and is found to be 25% at fault, then they may be entitled to $7,500.
It is helpful to have as much evidence as possible to determine fault in a car accident claim. Evidence can include things like photos and videos of the scene, the police report, and testimony from people who observed the accident.
In some cases, attorneys can gather opinions from professionals who are hired to add credence to your claims. There are medical professionals who can provide more context on the gravity of your injuries, accident reconstruction professionals who can offer input on vehicle specifications and crash details, and more. In the event of a court case, these professionals can help explain your case to the jury to advocate for your interests.
An attorney can help gather this evidence to show car insurance companies or present it in a courtroom. They can even attempt to recreate the accident by considering things like the weather, conditions on the road, and how the driver was acting to prove your case.
The Do’s & Dont’s of a Car Accident in Baton Rouge, LA
At the Scene
After the Accident
Filing a Police Report
Most car accidents need to be reported to law enforcement. If there are no injuries and 911 has not already been called, you can call the police station closest to you to report the accident. Depending on the context, they might ask you to stay at the scene of the accident until they get there. It is a good idea to remain at the scene to make sure you can offer information for the police report.
Once the police arrive, they will create a report of the accident. This document is important to have on hand for an insurance claim, so either request a copy at the scene or ask for instructions on how to order the report later before you leave.
It can also be useful to gather as much evidence as possible. Take photos and videos of the accident, each vehicle involved, and any property damage that occurred. You can also take photos of the road signs, traffic lights, and other details on the road. Make sure to gather the name and contact information of the other people involved in the accident, as well as any witnesses who observed the accident take place.
Once you are away from the accident, you can then file a claim with the insurance company. It might be a smoother process if you were able to gather evidence at the time of the accident, which is why calling the police to inform them of the accident is so important.
Do I Need to See a Doctor?
If you are in a minor car accident, you might consider recovering from your injuries on your own without consulting a medical professional. However, there are many benefits of seeing a doctor after a car accident.
Most importantly, many injuries after a car accident take a long time to reveal themselves. You might feel fine immediately after an accident, but injuries might start to appear in the hours or days afterward. A doctor can determine where the injury is in order to properly treat it. The longer an injury is left untreated, the more time it might take to resolve the issue in the future.
Seeing a doctor after an accident can also improve your odds of having your claim approved by an insurance company. One of the factors they look at when reviewing claims is whether or not the individual saw a doctor in the days following the accident. This can prove to them that you are taking your injuries seriously and that they are intense enough to require compensation.
Time is of the essence when seeing a doctor. If you wait too long to do so after an accident, an insurance company can attempt to argue that you saw the doctor for a different reason instead of for your injuries that occurred as a result of the accident.
What Do I Do if an Insurance Company Denies My Claim?
Just because an insurance company denies your claim does not mean you are no longer eligible for compensation. This is not a permanent decision, and it could be appealed, given the right evidence. If your claim gets denied, contact an attorney to see what your next steps might be.
Every insurance company denial comes with a letter that outlines why your claim was denied. In some instances, they might reconsider your claim if you provide more evidence. Regardless of their decision, an attorney can help reply by drafting a demand letter to argue your case and negate the reasoning behind their denial.
The appeal process can be obtuse and difficult to navigate as a non-legal professional. Car accident attorneys work have extensive experience with these challenges, and they understand how to file an appeal quickly and efficiently to receive damages faster. After this is filed, they can still negotiate for a settlement. If this appeal process fails, you can still file a claim in court to ask a judge and jury to determine who is at fault.
Insurance companies know that the average person involved in a car accident is usually uninformed about the insurance process. They can use this to their advantage by asking for extreme amounts of paperwork, taking statements you say out of context to use against you, and intentionally delaying decisions to avoid paying out the claim. Working with an attorney can prevent you from being manipulated by an insurance company.
Auto Accident Lawyers in Baton Rouge, LA
Traffic accidents and wrecks can be devastating to your life if you are hurt or sustain property damage. If you leave your fate in the hands of the insurance agencies, you won’t get the compensation you are entitled to receive. They will do anything they can to pay out as little as possible, no matter the severity of the damage that has been done.
We’re here to help fight for you! Murphy Law Firm has a team of Baton Rouge car wreck attorneys who are all courtroom tested, and the insurance agencies know it. Our traffic accident team digs deep into every case to ensure that our clients find every bit of damage they could receive compensation for as a result of their injuries. Contact us today to schedule a free consultation and let our traffic accident attorneys work for you. Don’t be a victim twice! Boo
Car Wreck Injuries in Baton Rouge, LA
Any car wreck has the potential to cause catastrophic injuries and expensive property damage. After going through a wreck in Baton Rouge, you may wonder what next steps to take to secure your rights and obtain the compensation you need to handle your medical bills and vehicle repairs or replacement. The experienced Baton Rouge car wreck lawyers at Murphy Law Firm are here to help.
Our expert car wreck attorneys have built a reputation based on trust and success across communities in Baton Rouge, Gonzales, New Roads, and more. Our family of clients has grown thanks to referrals from past clients who know they can trust our car wreck lawyers to handle even the most complex car wreck injury cases, insurance complications, and intense litigation. If you believe another driver is responsible for your accident and injuries, it’s vital to understand the process of filing a personal injury claim and have some idea of how to handle insurance companies that attempt to delay or deny your insurance claim.
Car wreck victims who suffer such injuries not only have to contend with the damage to their vehicles, but also expensive medical bills and possibly even ongoing treatments and permanent disabilities. If you are wondering if your recent car accident would qualify for a personal injury lawsuit, your first question should be whether the accident was preventable.
Changing road conditions and sudden hazards can cause accidents that are not the drivers’ fault, but when car wrecks occur due to the negligence of other drivers such as drinking and driving, falling asleep at the wheel, texting and driving, and many more negligent actions, injured victims can pursue compensation for their damages through personal injury claims against those negligent drivers. Let the experts at Murphy Law Firm handle your claim and get you what you deserve! Give us a call or stop by our Baton Rouge law firm to schedule your FREE consultation today!
Louisiana Car Accident Statistics
Injuries, Deaths & Other Factors
Baton Rouge Statistics
Over the past several years, thousands of car wrecks occurred in Baton Rouge, causing many fatalities:
These Baton Rouge Car Wreck Statistics indicate that the risk of getting into a car wreck is very real for residents of the Baton Rouge area. At Murphy Law Firm our clients can count on the full range of our experience and resources to reach the best possible result in their cases. Car wrecks often involve various types of damages, and our team of personal injury attorneys know how to explore every available channel of compensation on your behalf.
Most Common Car Accident Injuries in Baton Rouge, LA
Car wrecks that happen at higher speeds have a greater chance of causing fatalities and serious injuries, but even crashes at moderate speeds can cause catastrophic damage. Some of the most common car accident injuries include:
- Broken Bones
- Deep Cuts
- Burns
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Internal Injuries
- Whiplash
Why Do You Need a Car Wreck Lawyer?
In Baton Rouge, Gonzales, and New Roads, Louisiana
If you or a loved one recently suffered injuries or other damages from a car wreck, you may wonder if a Louisiana car wreck lawyer can help. While some private citizens manage to successfully represent their own interests in legal matters, this is extremely rare and generally inadvisable. Pursuing a lawsuit without professional representation can be difficult and overwhelming, especially if you were seriously injured.
There are several important reasons to hire a car wreck lawyer in Louisiana. Speaking with a professional can give you time to heal peacefully, while they take care of filing paperwork and deal with demanding insurance companies.
Often, hiring a car accident attorney will make the opposition approach your case differently. Hiring an attorney shows the other parties involved in your case that you are serious and that you intend to fight for your rights.
Our knowledgabel team of car wreck lawyers do much more than handle the courtroom end of a car wreck case. We also help clients gather critical evidence and ensure that insurance claims adjusters work in good faith to process our clients’ claims.
Imagine this scenario:
A driver is using his cell phone, distracted, and speeding through a residential area. He fails to notice a stop sign and drives through the intersection, striking a car passing through the intersection with the right-of-way. The other driver suffers a concussion and multiple broken bones. The other driver’s car sustains severe damage, resulting in the car insurance company totaling the vehicle.
In this scenario, the at-fault driver’s obligation to follow the rules of the road is his “duty,” and the speeding, cell phone use behind the wheel, and running the stop sign all constitute “breach.” The plaintiff’s totaled car and injuries form the “damage” in the case, and the plaintiff only needs to provide enough evidence to show these damages resulted from the defendant’s careless driving and not some other cause.
While this example is very straightforward, reality is rarely this black and white. Hiring a personal injury attorney will greatly increase an injured driver’s settlement or case award following an accident with a negligent driver. Additionally, the right car accident lawyer will know how to gather the evidence necessary for proving causation and securing the maximum amount of compensation possible for his or her client. Whether the at-fault driver was distracted, drunk, or negligent – our team will customize an approach to your specific scenario.
What is Negligence?
Driver Negligence
Personal injury law hinges on the legal concept of negligence, or one party’s failing to uphold a certain duty of care in a given situation. For example, licensed drivers have a duty of care to other drivers to follow posted traffic signs and obey the traffic laws.
Speeding, aggressive driving, running stop signs, failing to use turn signals, and improper lane changes are a few examples of how drivers can violate or breach their duty of care on the road.
How to Prove Negligence in Baton Rouge
Proving Negligence in a Legal Battle Entails 4 Steps:
- Duty: The plaintiff has to prove the defendant owed the plaintiff a duty of care in the given situation.
- Breach: Next, the plaintiff must show the court how the defendant violated this duty.
- Causation: The plaintiff can only sue for the direct results of the defendant’s negligence, so the plaintiff must prove his or her.
- Damage: The plaintiff can only sue if he or she suffered damages, or actual harm.
FAQs
Is Louisiana a No-Fault State?
Louisiana is an at-fault state. This means that the person who caused a car accident is typically responsible for paying most of the damages associated with it. However, Louisiana also follows comparative negligence, which could reduce the amount of damages someone receives if they are found to be partially at fault for the accident.
What Happens When a Car Accident Claim Exceeds Insurance Limits in Louisiana?
If a car accident is your fault, then you are expected to pay for the damages once insurance limits are exceeded in Louisiana. The amount owed might depend on the other driver’s insurance coverage as well. The specific amount owed varies based on the details of the accident. If the other party was at fault and your damages are not covered in full by their insurance, you can file a personal injury claim. Underinsured/uninsured motorist insurance can also cover some costs.
Can I Lose My House Due to an At-Fault Car Accident in Louisiana?
You could lose your house due to an at-fault car accident in Louisiana. If you are the defendant in a personal injury claim, the judge might find you at fault for the other person’s injuries or property damage. This means you might be responsible for paying out damages.
In some cases, your wages might be garnished, or your house might be taken to repay the debt. One effective way to prevent this from happening is by purchasing additional liability insurance coverage on top of mandated minimums to lower the odds of owing damages.
How Long After a Car Wreck Can You Claim an Injury?
In the State of Louisiana, if you’ve been involved in any type of wreck that results in an injury, you have exactly one year from the date of the discovery of the injury to file a lawsuit. Reporting an injury as soon as you discover it will raise your chances for compensation much higher.
Do I have to Report a Car Wreck to the Police?
If you are involved in a car wreck, it is required by Louisiana State Law to report the crash to the local police if there was at least 500 dollars worth of property damage or if anyone was injured or killed. Failure to report an accident can result in jail time and fines up to $100. You must also file a written report with the Louisiana Department of Public Safety and Corrections if more than 100 dollars worth of property damage occurred or anyone was injured or killed. Accidents are required to be reported within 24 hours.
How Do You Get a Police Report After a Car Wreck?
In order to receive a police report after a car wreck, you must first report the accident to the police immediately after it occurs. The police will arrive at the scene and document all the important details of the incident, which you may need later in court. There are 2 options in which you can obtain a police report in Louisiana. One way to obtain the report is by contacting the law enforcement agency, municipal police department, or police officer who responded at the scene and request a copy from them. Another option is to go to the Louisiana State Police Statewide Crash Reports website and request a copy of the car accident online. Both options do require paying a fee for the report.
What To Do After a Car Wreck in Baton Rouge?
There are several important steps to take after you’ve been in a car wreck. Immediately after any car crash occurs, check the health and safety of all parties involved and call 911 if necessary. Next, move quickly to gather as much information through photos, witness statements, and personal accounts as possible. The more details you can get, the better. This is also the time you will need to fill out a police report. Lastly, be sure to contact a Baton Rouge Car Wreck Lawyer.
What is The Statute Of Limitations For Personal Injury in Louisiana?
Louisiana state laws contain a few issues that drivers should know before engaging in any type of legal battle. First, the statute of limitations for personal injury claims is much shorter in Louisiana than most other states. Injured plaintiffs in any type of personal injury situation only have one year from the date of an injury, or the date of discovery of an injury, to file a lawsuit. It’s crucial to act quickly after a car accident to have the best chance of securing compensation for your damages.
Is Louisiana A Pure Comparative Negligence State?
Louisiana also follows a pure comparative negligence law . Many states use a modified comparative negligence law that allows plaintiffs to secure compensation for damages for which they are partially at fault, up to 50%. Louisiana’s pure comparative negligence law instead allows plaintiffs to secure compensation even if they are 99% at fault for an accident – they would simply secure 1% of the claimed amount.
Louisiana’s pure comparative negligence law highlights another important reason for hiring a car accident attorney: The average person may not know how to fight a claim of partial fault. Handling such a case requires extensive knowledge of state laws, evidence gathering, and testimony from eyewitnesses and possibly even expert witnesses. If a vehicle defect causes an accident, a lawyer can help navigate the subsequent product liability claim against the manufacturer. Some car accident cases wind up involving multiple defendants, cross claims, counterclaims, and many other situations best left to trained car accident attorneys.
Helping Baton Rouge Residents File Car Accident Claims
Car accidents can be overwhelming. You might be recovering from injuries, negotiating with insurance companies, and repairing or replacing your car, all at the same time. Working with an attorney can help lighten your load and ensure your settlement is sufficient. For assistance with your motor vehicle claim, schedule a consultation with Murphy Law Firm today.
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