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Car Accidents Attorney in Prairieville, Louisiana

Being hit by a car, whether you’re a pedestrian or driving at the time, is a traumatic experience. What happens in the moments directly after the accident will be crucial to the outcome of any insurance claim or personal injury lawsuit that’s filed. Our experienced car accident attorneys understand what a shock being in an accident is and are here to coach you through your next steps. Louisiana law is complicated, and so is dealing with insurance companies. We will protect your rights and fight for the best possible results.

Liability for Car Accidents in Louisiana

When it comes to car accidents, Louisiana is an at-fault state. What that means is that even if you are the injured party and the other person is found liable for causing the accident, you can still be found partially responsible for the incident. The part you played may amount to 10% or 20% of the overall crash, and while that may not seem like much, it will affect any damages you’re awarded.

Following a car accident, you have the following options to take action:

  • File a claim with your insurance carrier

  • File a third-party claim with the at-fault driver’s insurance company

  • File a personal injury lawsuit against the at-fault driver in civil court

Louisiana drivers are required to keep at least liability insurance on their vehicles. In cases where the other driver is uninsured or underinsured, we know the other sources of coverage to look for as we investigate the case. The last thing we want is for you to be left footing the bill.

It’s important to file any personal injury or property damage claims as early as possible. The clock on the statute of limitations starts ticking on the day of the collision. You have one year to file a lawsuit, and if you wait until that time has passed, your case will most likely be dismissed.

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In a “pure comparative fault” state such as Louisiana, the amount of damages you can collect is reduced by the percentage of responsibility you hold for the accident. For example, in a hypothetical case, if you are awarded $10,000 in damages but found to be 15% responsible for the accident, your settlement is reduced by 15%. That means your actual reward would be $8,500.

Filing a Wrongful Death Claim

Unfortunately, there are times when a car accident will result in the death of someone you hold dear. A wrongful death claim can be filed when another individual or entity caused the death due to negligence, such as a car accident. The surviving family members of the deceased are permitted to pursue damages on behalf of their loved one. Those people are:

  • The surviving spouse and children, or the spouse or children

  • The surviving parents, if there is no spouse or children

  • The surviving siblings, if there are no parents

  • The surviving grandparents, if there are no siblings

Any adopted family member who falls into one of these categories can also file a suit. However, there is an exception for parents who abandoned the deceased as a child. That parent is treated as if they died before the deceased and cannot file a wrongful death claim. The statute of limitations for wrongful death suits is also one year in Louisiana.

Damages typically collected are funeral and burial expenses, lost earnings, lost benefits, medical bills, and the projected value of household services the deceased would have provided. Compensation for the grief and anguish, loss of care, loss of companionship, and loss of emotional support the survivors are experiencing can also be awarded.

Car Accidents Attorney in Prairieville, Louisiana

If you reside in Prairieville, Louisiana, and you or a loved one were the victim of a negligent driver, our firm is ready to help you navigate the complex laws surrounding car accidents, insurance claims, and wrongful death suits. Call us today if you are in Prairieville, Louisiana, or Ascension Parish County.