Louisiana is considered an at-fault state, which means the driver who causes a car accident needs to compensate the victims of the crash through their insurance coverage. That is why every driver is legally obligated to carry liability insurance. Unfortunately, the costs for many collisions exceed the limits of a policy, and insurance companies are notorious for denying claims. An experienced lawyer will be an asset during the car accident claim process. It will help you to understand the steps they need to take for a successful outcome.
Gathering Evidence
The first step in the claim filing process is to meet with your attorney to discuss the merits of your case. That initial consultation is where you can present all the evidence you’ve collected. That documentation can include the following:
- Crash accident report that identifies at-fault driver
- Witness statements
- Actual medical expenses
- Future recovery costs
- Property repair
- Lasting physical disability
- Pain and suffering
Your attorney might ask for additional documents that will help support your case. Based on all your expenses, your personal injury lawyer can calculate the total number of losses associated with the accident. That final number will include the mental anguish costs, as well. If your attorney finds that your claim has merit, they will move onto the next step, which is proving negligence.
Proving Negligence in a Car Crash
Louisiana requires at least $15,000 of bodily injury coverage per person, $30,000 of bodily injury coverage per accident, and $25,000 of property damage coverage for insurance. That is probably why, according to the Insurance Information Institute, Louisiana ranks second on the list of the most expensive states for auto insurance.
However, having that much insurance is not a guarantee of a payout. Insurance companies will do everything within their power to deny a claim. That includes siding with their policyholder who disputes being at fault in the accident. Your lawyer will build a case to prove negligence. These are the four elements needed to establish the driver’s liability.
- Duty of care: Every driver you share the road with owes you a duty of care. That means they must follow traffic laws and drive with caution.
- Breach of duty: The concept of breach of the duty of care can include actions such as speeding, driving under the influence, ignoring traffic signals, and reckless driving. Any one of those can lead to an accident.
- Causation: This is the “cause and effect” link between the breach and the injuries caused in the accident. For example, a driver who speeds through a stop sign and crashes into your car, causes you harm.
- Damages: As a result of the crash, you suffered damage in the form of medical expenses, property damage, lost wages, and other losses. That can all be proven with documentation.
When you retrain the services of Bianca | Matkins, you’ll work with a group of experienced lawyers who understand what it takes to establish negligence in a car accident claim. Our goal is to help you find fair compensation for your damages.
Becoming Your Advocate
Once all the evidentiary documents have been gathered and there is a strong case for assigning negligence, your attorney will contact the insurance company with a claim proposal. After you file an accident claim, your lawyer will speak on your behalf. Representatives from the insurance entity may reach out to you directly to secure a settlement. It would be best if you always referred them to your attorney.
If there is a settlement offer, your lawyer will discuss the merits with you. That offer will typically be delivered verbally by the insurance representative. After talking it over with your attorney, you can reject the proposal if you decide it is not a fair remedy. The next step will be a counterproposal. If you feel that the final offer from the insurance company will not meet your needs, your attorney might recommend moving to a personal injury lawsuit as the best course of action.
It is important to remember that in Louisiana, the statute of limitations to file a personal injury lawsuit is one year from the day the accident occurred. Your attorney will ensure that your case is filed on time.
The Personal Injury Trial Phase
If you decide to move forward with your lawsuit, your attorney will be your advocate in that phase as well. They will provide complete representation that includes the following tasks:
- Prepare all the corresponding legal documents
- Handle court filings
- Represent you in all court proceedings
- Cross-examine any opposing witnesses
- Put forth expert testimony to support your claim
- Ask for fair and maximum compensation
- Keep you up to date
Aim for Success
You increase your chances of a positive outcome when you enlist the support of qualified legal representation. At Bianca | Matkins, you are not retaining one lawyer but an entire team of experienced litigators. We can provide guidance and information along every step of the claim filing process with an insurance company and with the lawsuit in the courtroom. Call to schedule a consultation to discuss the merits of your case.
