Louisiana Car Accident: How to File a Personal Injury Case

Car accidents are an unfortunate common occurrence in Louisiana. The Louisiana Department of Transportation and Development reported that the state set a new record for highway deaths in 2021, with 997 fatalities from 914 crashes. If you or a loved one has been injured in a car accident that was not your fault, you may have a right to compensation. This article will provide an overview of how to file a personal injury lawsuit after a car accident in Louisiana.

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The Extent of the Problem

Recent statistics paint a concerning picture about the prevalence of serious and fatal car accidents in Louisiana. According to statewide crash data collected between 2017 and 2020, alcohol was involved in 40% of all highway deaths. This shows that drunk driving continues to be a major factor in many deadly crashes in the state. 

Additionally, while the injury rate for moderate to severe per 1,000 occupants dropped from 32.8 in 2006 to 26.8 in 2019, it worsened again in 2020, increasing to 30.4. With fatalities from car accidents hitting a new record high of 997 deaths in 2021, these statistics demonstrate the gravity of car accidents in Louisiana and why injured victims may need to take legal action after a crash.

Consulting a Louisiana Car Accident Lawyer

It is highly advisable to consult a car accident lawyer as soon as possible after an accident. An experienced attorney can help you navigate the complicated legal process and maximize your injury claim. Key reasons to hire a lawyer include:

• Determining fault and liability for the crash. There may be multiple liable parties, such as other drivers, automobile manufacturers, local governments, etc.

• Assessing the full value of your damages. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other losses.

• Negotiating with insurance companies. Insurers often make lowball offers. A lawyer can advocate for a fair settlement.

• Filing documents and meeting deadlines. There are strict statutes of limitations on injury lawsuits in Louisiana.

A qualified attorney has the knowledge and resources to build the strongest case for you. Most work on a contingency fee basis, taking a portion of your final settlement or award.

The Personal Injury Lawsuit Process

If you and the insurer cannot agree on a fair settlement, your attorney may recommend filing a personal injury lawsuit. Key aspects of the litigation process include:

• Filing a complaint in civil court laying out your allegations against the defendant(s) and citing relevant laws.

• The defense responds to the complaint and may make counter allegations.

• Discovery process where both sides exchange relevant information and take depositions.

• Motions may be filed on procedural matters or to dismiss certain claims.

• Trial if a settlement cannot be reached. Both sides present evidence before a judge/jury.

• Verdict and judgment issued if the trial reaches conclusion. Damages are awarded if the plaintiff prevails.

• Possible appeals process if either side contests the outcome.

This process can take over a year in many cases. An attorney is vital for navigating each phase efficiently.

Being injured in a Louisiana car accident can derail your life. Take key steps at the scene to protect your rights. Consult experienced legal counsel as soon as you are able to maximize your chances of fair compensation. With an attorney’s help, you can hold the liable parties fully accountable.