In this article, you will discover:
- The most common causes of car wrecks in Louisiana.
- The types of injuries that are covered by personal injury claims in Louisiana.
- The best way to deal with insurance companies in personal injury cases.
What Are The Most Common Causes Of Car Wrecks Across Louisiana?
One of the most common causes of car accidents that we frequently encounter is inattentive driving. Whether it’s drivers looking at their cell phones or simply failing to pay attention to the road, this lack of attentiveness poses a significant risk on Louisiana roads.
What Are The Most Common Injuries In Car Accidents?
The most common injuries sustained in car accidents often involve soft tissues, particularly in the cervical (neck) or lumbar (lower back) areas of the spine. Soft tissue injuries to areas such as the hips or knees may also occur, but cervical and lumbar strains or sprains are typically the most prevalent. Consequently, neck and back injuries are common outcomes of car accidents.
How Is Fault Determined In A Car Accident In Louisiana And When It Comes To A Personal Injury Case?
In Louisiana, accidents are initially categorized into two types: rear-end collisions and other accidents.
For rear-end collisions, Louisiana law establishes a presumption of negligence on the driver who rear-ends another vehicle. For instance, if you rear-end someone, you would be presumed negligent and held liable for the accident.
For other types of accidents, a general negligence standard applies. Louisiana assesses whether the driver was inattentive, failed to obey a traffic light, violated a traffic law, or engaged in any other negligent behavior that caused the accident. Determining negligence in these cases involves evaluating the specific circumstances surrounding the accident.
If Someone Was Texting Or Driving Or Otherwise Distracted, Will My Louisiana Personal Injury Attorney Be Able To Prove That?
When fault is contested, it’s crucial to gather concrete evidence to support your claim. Proving that the other party was distracted can be challenging, as they may deny it. However, examining other factors can help reconstruct the events leading to the accident.
One effective approach is to identify witnesses who can testify to the other driver’s inattentiveness at the time of the accident. While it certainly is not the easiest thing in the world, there are methods available to establish the other driver’s negligence.
A skilled personal injury lawyer will exhaust all avenues to gather evidence in your favor, leaving no stone unturned. With their expertise, they can help build a compelling case supported by solid proof.
Are Neck Injuries Hard To Prove Up And Personal Injury Cases?
Neck injuries, particularly soft tissue and cervical injuries, are frequently encountered in car accidents. These injuries can be diagnosed by physicians, simplifying the process of proving your claim.
Seeking medical attention from a licensed physician or chiropractor who diagnoses your injury is typically accepted as evidence. Testimony from a reputable medical practitioner, such as an orthopedic surgeon or general physician experienced in diagnosing such injuries, can significantly strengthen your personal injury case.
Can Any Pre- Existing Injuries Or Conditions Be Used Against Me In A Personal Injury Claim?
Louisiana doesn’t allow for previously diagnosed medical conditions to be used against you in your personal injury claim as long as you were asymptomatic at the time of the accident. (Asymptomatic generally means you didn’t have any symptoms for some time before the accident.) This means that, as long as you can demonstrate that you were asymptomatic before the accident and that the accident caused you to develop symptoms, you are entitled to seek damages.
For example, if you had not experienced back spasms for three years prior to the accident, but began experiencing them weekly after the accident, with medical documentation supporting this change, you can establish that the accident triggered your symptoms. This allows you to pursue compensation for the injuries resulting from the accident in Louisiana.
Does The Insurance Company Have Access To My Past And Current Medical Records To Determine The Level Of Seriousness Of My Injuries After A Louisiana Car Wreck?
In the context of filing a claim for damages against an insurance company, it’s important to understand that the company typically has the right to access your medical history. This step is crucial for assessing the validity of your complaints and the extent of the injuries you’ve sustained.
After filing a lawsuit, the insurance company may exercise its right to review your medical records as part of the claims process. Providing your medical records voluntarily can often expedite the settlement process. It demonstrates a good faith effort on your part to substantiate your injury claim, indicating that you are truthful and seeking fair compensation for the damages you’ve incurred.
Is It Mandatory To Give The Insurance Company A Recorded Statement After The Car Accident?
While giving a recorded statement to the insurance company prior to filing a lawsuit is not mandatory, it is often encouraged – though it’s always best to have an attorney present while doing so.
Refusal to provide a recorded statement may lead the insurance company to question the legitimacy of your claim. Furthermore, having legal representation during this process is highly recommended to ensure your rights are protected and to help navigate the complexities of the insurance claims process.
How Can I Pay My Medical Bills While Waiting For My Car Accident Injury Claim?
Typically, your attorney would reach out to the medical provider and request that they defer payment of the bills until the claim is resolved. However, if the claim is not resolved and a lawsuit must be filed, the situation may change. In such cases, your attorney would advise you on the best course of action regarding the payment of medical bills during the legal proceedings.
Will I Be Able To Afford A Highly Experienced Car Accident Attorney For My Case?
Most people can afford the services of an experienced attorney because they don’t have to pay upfront fees. This is because many personal injury lawyers operate on a contingency fee basis. Under this arrangement, your attorney only receives payment once you collect compensation from the case. Their fee typically constitutes a percentage of the awarded amount, typically falling between 33 ⅓% and 40%.
What’s more, with a contingency fee arrangement, your attorney covers any costs associated with the case upfront. They are reimbursed for these expenses only if you receive a favorable outcome and are awarded compensation. This structure ensures that legal representation is accessible to individuals who may not have the means to cover upfront legal costs.
For more information on The Causes Of Car Wrecks Across Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 581-6411 today.
