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Car accidents can disrupt your life, and when you are injured in a car accident because someone else was negligent, you may need to file a lawsuit to obtain a settlement and recover quickly. Taking legal action against the at-fault party in your car accident can feel daunting if you aren’t familiar with the civil court process.
You’ll likely have questions about Louisiana’s personal injury laws before officially filing your claim. We’ve answered some of the most frequently asked questions about New Orleans car accidents below to ease some of your concerns, but if you have further questions, schedule a free consultation with a car accident lawyer from Smiley Injury Law.Â
Yes. Louisiana has a pure comparative fault law in place that allows all victims involved in car accidents to file claims and recover compensation, regardless of their percentage of fault. The court will, however, deduct your percentage of fault from your settlement amount.Â
The statute of limitations for filing a car accident claim in New Orleans is one year. After one year has passed from the date of your car accident, you’ll lose your right to file a claim and the court likely won’t hear your case.
Going to court to receive a settlement in a car accident lawsuit isn’t always necessary, depending on how hard the defendant fights you. You may settle your case in pretrial mediation, but if the defendant refuses to settle for the amount of money you deserve, then we’ll fight on your behalf in court.
Your insurance may reach out after your car accident and ask for a statement about what happened. The adjuster may also try to settle your case quickly. But, they’ll likely try to settle your claim for less than you deserve, so it’s important to determine your full claim value before accepting any settlement offers.
You can recover both economic and non-economic damages after proving negligence in your car accident lawsuit. Economic damages comprise financial losses such as medical expenses, property damage, and lost wages. Non-economic damages comprise non-financial losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Although knowing the personal injury laws in New Orleans can be helpful when filing a car accident claim, you may need to discuss your case further with a New Orleans car accident lawyer from Smiley Injury Law. To schedule a free consultation with a member of our team, contact us online or call 504-894-9653.
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