After you have been involved in a car accident in Baton Rouge, you are left with plenty of unanswered questions. Who will pay your medical bills? What happens if I cannot return to work? How can I move forward from the incident?
The repercussions of car crashes can be life-altering. However, you have legal options that can help you reclaim your future.
If your injuries were caused by someone else’s negligence, recklessness, or carelessness, you can pursue compensation for your losses.
When you need a legal team on your side, there is only one choice: Bianca | Matkins.
With a free legal consultation, we can provide you with a few options for your case. Reach out to our Baton Rouge car accident lawyer to see how we can assist with your injury case.
We offer ASL services and specialize in providing legal representation to the Deaf community.
Auto Collisions in Baton Rouge
Unfortunately, car crashes occur on a daily basis in our city. The news site BRProud.com cites Louisiana Department of Transportation and Development data no longer readily accessible that suggests that the majority of crashes that occur in Baton Rouge happen at the following intersections:
- Airline Highway at Bluebonnet Boulevard
- Airline Highway at Old Hammond Highway
- Nicholson Drive at Brightside Drive
In total, 957 occurred at those intersections in 2021. However, that doesn’t mean crashes cannot happen throughout the city. No matter where you drive, you could be susceptible to an accident.
Injuries That Motorists Sustain in Louisiana Crashes
These accidents that occur in our city often result in serious injuries, leading to physical harm. Common crash-related injuries include:
- Organ damage
- Lacerations, bruises, and burns
- Neck and spinal cord injuries (SCIs) leading to paralysis
- Traumatic brain injuries (TBIs)
- Broken bones
- Wrongful death
Why These Car Wrecks Occur
With these devastating injuries referenced above, what are some of the causes of these incidents? Everything from poor weather conditions to defective parts can lead to a collision.
However, many of these instances all have one common cause: negligence.
In many situations, drivers are neglectful, reckless, or otherwise act dangerously in some of the following ways, leading to an accident:
- Driving under the influence of alcohol or drugs
- Engaging in distracted driving, including texting or talking on the phone
- Employing aggressive behaviors, such as making dangerous maneuvers, speeding, or tailgating
- Failing to obey traffic signals, signs, or lights
- Driving while tired or falling asleep at the wheel
If your car accident involved any of those scenarios (or even some that we didn’t list), then you’ll want to contact the office of Bianca | Matkins. We’ll put you in touch with a Baton Rouge car crash lawyer in our office who can discuss what happened and the rights you may have.
Proving Liability for Your Baton Rouge Car Crash
If you decide to pursue legal action, you’ll need to be able to prove another party was negligent to have a successful claim.
So, what exactly is negligence? In these cases, the driver failed in their responsibility to prevent harm to others.
Along with that, the driver committed an act (or, alternatively, failed to act) in a way that a reasonable person would have in the same situation, such as driving while intoxicated, texting while driving, or speeding.
There are four fundamental elements of negligence that plaintiffs must prove to have a successful claim, which are:
- The other party had a duty of care towards you
- That party violated their duty of care
- You suffered injuries as a result of that breached duty
- You suffered damages or losses as a result of that breach
If you can prove those four legal elements, then you may be able to recover compensation.
Evidence To Use To Prove Liability
A car accident attorney in Baton Rouge will piece together the details of your crash and examine all evidence to substantiate your claim, such as:
- Photographs and videos of the accident scene, property damage, and injuries
- Eyewitness testimony
- Expert testimony
- Driver cell phone records
- The crash report
- Physical damage to vehicles or property
Potential Parties Liable for LA Accidents
Using that evidence, we can pinpoint the parties responsible for your accident. Some parties whose negligent behaviors may have resulted in the accident include:
- Another driver
- The vehicle manufacturer
- Government entities, such as road engineers or maintenance crews
- The other driver’s employer
- Mechanics
By thoroughly examining the elements of your claim, we can build a strong case to prove negligence and help you seek the compensation you deserve.
What Type of Compensation Is Available in Crash Cases?
Louisiana car accident victims can seek compensation for their crash-related losses. These financial remedies hold the at-fault party accountable. Generally, they are classified into economic and non-economic damages. Punitive damages are awarded in some instances.
Victims who have sustained injuries may be eligible for economic damages. These damages are designed to compensate for financial losses, such as:
- Lost wages and future potential earnings
- Current medical bills and future health care costs
- Transportation costs
- Property damage
- Pain and suffering
- Emotional distress
- Lost enjoyment of life
- Permanent disability
- Wrongful death
As mentioned earlier, in rare instances, injured victims may be entitled to punitive damages. These awards punish the defendant for their egregious behavior, such as a serious drunk driving crash.
Your legal counsel will be able to help you determine the damages you may be eligible for in your case.
How Much Is My Baton Rouge Car Accident Case Worth?
Calculating the exact worth of your auto collision case depends on several factors, such as:
- Severity of injuries: The extent of your injuries impacts the value of your case. Severe injuries, such as TBIs, SCIs, and other permanent disabilities, often lead to higher compensation due to the long-term impact it has on your life and livelihood.
- Medical treatment: The cost of medical treatment, including hospital stays, surgeries, rehabilitation, and continuous care, affects the overall value of your case. By documenting all your medical expenses and potential future treatment needs, you can accurately value your claim.
- Type of crash: Different types of accidents, such as rear-end collisions, T-bone accidents, or multi-vehicle accidents, may have higher compensation levels based on liability and the extent of damage and injuries involved.
- Insurance limits: The at-fault driver’s insurance policy limits can also determine the maximum compensation available. If their coverage is limited or nonexistent, you may need to explore legal options to pursue the at-fault driver’s personal assets.
- Lost income: If you missed work due to an accident, your lost wages, including any future loss of earning capacity, are factored into the claim.
- Property damage: Repair estimates for your vehicle also contribute to the value of your case.
Without a full analysis of your case, it can be difficult to put an exact dollar amount of any potential claim. For that reason, we always recommend reaching out to our firm to schedule a consultation with one of our car accident attorneys in Baton Rouge to discuss your case and legal options. We offer free case evaluations.
Louisiana Laws That Could Impact Your Claim
Before you file a claim, it’s important that you know that several laws could impact your case. First, it’s important that you know and adhere to our state’s statute of limitations. You have one year from the date of the accident to bring a personal injury or wrongful death lawsuit to court. While there are a few exceptions to this rule, you must abide by this deadline to avoid losing out on compensation.
Additionally, Louisiana also follows the pure comparative negligence rule. You can claim damages in your case if you are not 100% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re 30% at fault, any damages you may be eligible to recover will be reduced by that amount.
The state also follows a compulsory coverage rule, better known as the “No Pay, No Play” one. Uninsured drivers are restricted from collecting the first $15,000 in bodily injuries and $25,000 in property damages under this rule.
If you would like to learn how these laws could affect your car accident claim, our Bianca | Matkins team can explain this during your initial meeting with us.
Taking the Next Steps in Your Car Accident Case
If you find yourself involved in a crash in Baton Rouge, there are several steps you can take to protect your health, safety, and legal rights:
- Get medical attention: If you’ve sustained severe injuries, always head straight to the emergency room. You will want to schedule an appointment with your doctor for those non-life-threatening ones. With that, you can rule out hidden injuries, such as spinal, internal organ, or brain injuries. The stress hormones released during traumatic car accidents can often mask serious injuries.
- Exchange contact and insurance information: You will want to share your name, contact details, and car insurance information with all other drivers involved in the accident.
- Document the accident scene: Recording those crucial details of the incident could make a difference in the outcome of your case. You will want to create a note of all the vehicles’ plate numbers, along with the make and model of the cars. Don’t forget to take photographs and videos of the accident scene. Ask witnesses if they’d be willing to provide their account of the crash.
- Obtain the police report: The law enforcement officer’s report of the incident is vital evidence for your auto accident claim. Depending on the location of the incident, you may have to contact the Baton Rouge Police Department or Louisiana State Police. There may be fees associated with obtaining these records.
- Report the collision to your insurance company: Most policies will require you to report the accident to the insurance company. However, you will want to keep these points in mind when talking to an insurance adjuster:
- Never go into the details of your injuries; just state that you’re in the process of getting medical care.
- Steer clear of conversations about your actions leading up to the accident.
- Limit your social media activity and activate your privacy settings while your case is ongoing.
- Never consent to provide a recorded statement. Remember, you’re not obligated to converse with the other driver’s insurance provider.
- Avoid making assumptions about the accident.
- Be cautious of potential “trap” questions like “How are you feeling?” You should direct all future communications to your legal team if you feel the need to interact with an insurance adjuster.
- Schedule a free consultation with a Baton Rouge car accident attorney: Meeting with an injury lawyer. At Bianca | Matkins, we use our initial consultation with you to gain more insight into your case, including discussing potential complications, determining compensation, and walking you through the legal process.
We’re ready to hear your story. Schedule a free legal consultation at your convenience at our Baton Rouge office.
How Can a Car Wreck Attorney in Baton Rouge Assist You?
When you need to file a claim in your auto accident case, you will want to have an experienced attorney on your side. Here are a few benefits of working with a skilled litigator. They:
- Understand Louisiana law: Car crash attorneys are well-versed in the legal landscape surrounding these injury incidents. They understand the procedures, paperwork, and jargon that can be overwhelming for individuals without a legal background to comprehend.
- Negotiate with insurance companies on your behalf: Insurers often try to minimize your expected compensation. An experienced lawyer can negotiate with insurance adjusters, which could lead to a fair settlement in your case.
- Provide an accurate estimation of damages: Before filing a claim, you will need an estimate of your total damages and losses. Car wreck lawyers can aid you in calculating your current and future medical expenses, lost wages, and pain and suffering.
- Collect and analyze evidence: An attorney helps gather and analyze vital evidence that supports your claim, such as the police report, medical records, witness testimonies, and expert opinions.
- Represent you in court: If your case goes to trial, having an attorney to represent you in court can be invaluable. You need someone to present your case to the jury so that you can increase your chances of a favorable verdict.
- Give you peace of mind: Most importantly, when you hire a Baton Rouge car accident attorney, you can focus on your recovery. As a result, that can provide a little peace of mind during a challenging and stressful time.
Contact an Experienced Baton Rouge Car Accident Lawyer Today
If you’ve been injured in a car crash in Baton Rouge, East Baton Rouge Parish, or any other part of South Louisiana, contact our law office. We understand the unimaginable disruption that car accidents can bring you and your family. Our goal is to help you rebuild and move forward.
During your complimentary case consultation with a Baton Rouge car accident lawyer, we’ll provide you with personalized guidance and help you understand your options. You can find out why so many clients choose to rely on Bianca | Matkins during these times.
Contact us today to schedule a free consultation.
