Louisiana Car Accident Legal Process
If you’ve been in a car wreck in Louisiana, you may be wondering what the legal process is and whether you have a case. Louisiana law requires that you report a car accident immediately, and it’s best to have an experienced Louisiana car accident attorney on your side as soon as possible. So after seeking medical help for any injuries resulting from the accident, you should report it to the police and then seek legal counsel.
The first step a Louisiana car accident attorney will take after initially meeting with you is to determine who was at fault for the accident. This can be tricky, as Louisiana is a “comparative fault” state, which means that each party is assigned a percentage of fault. If you were more than 50% at fault, you would not be able to recover damages from the other driver. If you were 50% or less at fault, you might be able to recover damages, but they will be reduced by your percentage of fault.
Once the fault has been determined, the next step is to file a claim with the other driver’s insurance company. Your legal representation will need to provide evidence of the accident, such as photos and witness statements. The insurance company will then investigate the claim and decide on whether or not to pay.
If they deny your claim, your attorney may have to file a lawsuit on your behalf. However, it’s important to note that Louisiana has a “statute of limitations” for car wrecks, which means that you have only one year from the date of the accident to file a lawsuit. After that, your case will likely be dismissed. As such, it’s important to act quickly after a car wreck and consult with an experienced Louisiana car accident attorney.
The Louisiana car accident legal process can be complicated, but an experienced Louisiana car accident attorney can help you navigate it. If you or a loved one has been involved in a car wreck, remember this: In pain? Call Blaine today. We will review your case for free and help you understand your legal options for pursuing a personal injury settlement.