It can be bad enough whenever you are involved in a car accident. Beyond the physical damages associated with any accident, the emotional trauma and psychological effects can prove to be a daunting situation for anyone to overcome. When a personal injury lawsuit is added to the list of items to work through, few people have the mental and emotional bandwidth to properly deal with the situation. In those cases, hiring an attorney to assist in the defense related to a car accident in which you are being sued as a result can ease the strain felt and protect your rights.
What Should I Do After I Get In A Car Wreck?
In its most basic terms, there are a few things you can do immediately after a car accident to place yourself in a favorable situation.
- Check for any injuries
- Move to a safe area
- Call the police and report the incident
- Begin collecting information and evidence
- Contact your insurance company
- Contact the local police department. If there is an accident on a state road, LA State Police should be contacted.
- Section 32-398 of the Louisiana Revised State Statutes states “The driver of any vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one hundred dollars or more shall, within twenty-four hours after the accident, forward a written report of the accident to the Department of Public Safety and Corrections.”
What Should I Do if I Am Being Sued For A Car Accident?
Contacting your insurance company and informing them of the accident is necessary in order to ensure that they are aware of the situation. The insurance company takes steps to prevent any unnecessary financial losses. You will also want to familiarize yourself with your insurance policy and the coverage terms provided. This is something that the initial judgement is based upon.
You will also want to examine the time frame since the accident and the lawsuit. There is a statute of limitations in the state of Louisiana for bringing a suit forward.
Once you’ve done this, you will want to find counsel that can assist with the ongoing legal processes being the subject of a civil lawsuit entails.
The best course of action to take whenever you find yourself in a legal situation is speaking with a qualified, experienced attorney. Having someone on your side to represent you can make the difference between a case dismissal or an added financial burden.
How Long After An Accident Can Someone Sue?
Louisiana has a one-year statute of limitations for a suit to be filed against someone related to a car accident.
What Types Of Damages Can Be Collected?
Two main types of damages can be collected: personal injury damages and property damages. Personal injury damages are associated with the cost of hospital/emergency room bills, lost wages due to missed work, and related changes in physical condition as a result of the accident. Property damages refers to vehicle repairs or replacement, repair work needed on damaged physical structures, or items that were damaged/destroyed as a result of the accident.
There is no cap to the amount of damages that can be recovered due to an auto accident in Louisiana.
What Does Comparative Fault Mean?
Comparative fault defines the manner in which judges or juries determine responsibility level for persons involved in an accident. A percentage of fault is assigned to the responsible parties and damages are paid out accordingly. This allows for instances where both drivers are at fault. The responsibility can be allocated based on who was at greater fault.
Who Represents Me If I’m Being Sued After a Car Accident?
In Louisiana, when being sued for a car accident the insurance company represents you. They will select a lawyer for your case. Commonly the insurance company attempts to settle for as low of an amount as possible. In these cases an individual may attempt to recover damages outside of the insurance settlement and bring another civil case. In the event of that, having an attorney familiar with the circumstances of the accident can protect your interests.
Do I Have To Go To Court?
With the right representation, you can avoid going to court for a car accident lawsuit altogether. A pre-trial settlement is one of the only ways all parties can control the amount of damages allocated. This removes a great deal of risk and uncertainty. An experienced attorney can assist you in navigating the troubled waters of an accident claim. The right attorney can make sure you don’t end up in a needlessly precarious situation.
Why Settle Pre-trial?
Reaching a settlement before the case goes to trial offers several benefits. For this reason, the vast majority of personal injury suits are settled prior to the courtroom. Upwards of 95% of personal injury lawsuits reach a settlement without trial. It stands to reason that car accident lawsuits fall into a similar category.
Receiving compensation quickly, avoiding additional costly legal fees/court costs, preventing unpredictable judgements or outcomes, and gaining closure are all positive outcomes when coming to an agreement prior to court.
If You Are Being Sued After A Car Accident, Don’t Go It Alone. Call Greenwald Law Firm Today.
If you have been involved in a vehicle accident and feel you may be the focus of a lawsuit, contact Greenwald Law Firm today for a free consultation. You can also reach the office at 318-219-7867. Speak with a representative and take the first step to finding a legal solution.