Liability for a car accident in Louisiana is based on fault. The party that is “at fault” is the one responsible for causing a car accident. Liability is the legal responsibility for financial compensation of damages. In other words, the party who caused your car accident is responsible for paying for your losses.
However, establishing car accident liability can be challenging. You must have sufficient evidence proving fault to establish liability. An experienced injury lawyer can help you gather the evidence you need to prove fault.
Our accident lawyers at Kenny Habetz Injury Law have extensive experience handling personal injury matters, including car accidents. Attorney Kenny Habetz has nearly 15 years of experience in personal injury and insurance law. We have won millions of dollars in compensation for our clients, resulting in our membership in the Multi-Million Dollar Advocates Forum.
Call Kenny Habetz Injury Law to schedule your free consultation with a Lafayette car accident lawyer. Contact us today, we are available 24/7 to take your call at 337-399-9000.
How Kenny Habetz Injury Law Helps You With a Car Accident Case in Louisiana
At Kenny Habetz Injury Law, our legal team has a proven track record of success. We fight insurance companies and large corporations to protect our clients’ rights and best interests.
When you hire our top-rated Lafayette personal injury lawyers, you can trust we will handle all aspects of your case. We help you by:
- Completing a thorough investigation of your car accident case
- Gathering evidence, including working with the best expert witnesses, to prove liability
- Determining how much your case is worth by analyzing your damages
- Defending you from allegations of contributory fault
- Negotiating with the insurance company for a fair and full settlement
- Aggressively advocating for you at trial if settlement is not possible
National organizations have recognized our attorneys for their legal services and top ratings, including Expertise.com’s Best Personal Injury Lawyers in Lafayette and The National Trial Lawyer’s Top 100 and Top 40 Under 40. Expertise.com also included us among the Best Car Accident Lawyers in Lafayette.
Contact Kenny Habetz Injury Law today for your free case evaluation with an experienced Lafayette car accident lawyer.
Seeking Compensation From the At-fault Driver for a Lafayette Car Accident
Car accident victims can pursue claims against the at-fault driver for economic and non-economic damages. Damages for a car accident case include:
- Medical bills
- Lost wages
- Pain and suffering
- Diminished quality of life
- Emotional distress and mental anguish
- Reduced earning capacity
- Loss of enjoyment of life
- Out-of-pocket expenses
- Scarring and disfigurement
- Impairments and disabilities
Most car accident cases begin by filing a claim with the driver’s liability insurance company. Louisiana requires all drivers to have minimum amounts of liability insurance coverage.
Liability insurance compensates accident victims when the insured driver causes an accident. Of course, you must prove fault before the company will pay the claim.
Accident victims in Louisiana are fortunate because they do not have to sue the driver if their insurance company refuses to pay a claim. Under the state’s Direct Action law, injured parties can sue the insurance provider directly for disputes regarding liability. Most states require injured parties to sue the driver instead of the insurance provider. Juries might be more willing to award large settlements when the lawsuit is against a corporation instead of an individual.
Liability Can Be Impacted by Comparative Negligence
Louisiana operates under a comparative negligence standard for car accident liability claims. If an accident victim is partially to blame for causing the accident, the court can reduce the amount of damages by their percentage of fault. In other words, the victim is liable for damages attributable to their fault for causing the crash.
For example, let’s assume a jury returns a $2 million verdict for a car accident claim. However, the jury also decided you were 25% to blame for causing the crash. Instead of receiving the full amount of the damages award, the judge reduces the award by 25% or $500,000.
Insurance companies often shift the blame to the victim to avoid paying the full value of damages. Before discussing the details of your claim with the company or an insurance adjuster about your claim, talk with an attorney to learn more about your rights under contributory fault laws.
Deadline to File a Lawsuit for Car Accident Liability Claims
Louisiana has a one-year statute of limitations for filing personal injury lawsuits. One year sounds like a long time, but if you sustain severe injuries, it could take you almost that long to recover.
Contacting a car accident lawyer as soon as possible after an accident is in your best interest. While you recover, your attorney prepares a claim and deals with the insurance company. If the company refuses to agree to a fair settlement, your attorney is ready to file a lawsuit before the deadline expires.
Learn More About Car Accident Liability During a Free Consultation
Insurance companies often dispute liability to avoid paying claims. We can help you seek the justice you deserve after a negligent driver causes an accident. Call Kenny Habetz Injury Law to request a free case review from a Lafayette car accident attorney.
