A car accident can leave people with significant, sometimes permanent, injuries. The victim must deal with substantial medical bills, missed time from work, and other losses. When another person’s negligence is responsible for the accident, the victim has the right to seek monetary damages. But you can expect pushback from the defendant’s lawyer and insurance company.
You need a Lafayette car accident attorney who is dedicated to seeking justice for you. At Inzina Law Firm Injury Attorneys, our family represents car crash victims each step of the way.
Our Lafayette Firm Fights for Car Accident Victims Like You
The law firm of Inzina Law Firm Injury Attorneys has served the legal needs of countless satisfied car accident victims. We understand the anxiety you are probably experiencing in the wake of being in a car wreck. Perhaps you are worried about paying for medical bills both now and in the future. Or you might be concerned about making ends meet while missing work during your recovery. You may even be dealing with emotional distress and trauma that have decreased your quality of life. Regardless of what you are facing, we are here to advocate for you.
What Does a Car Accident Lawyer Do?
Your goal in hiring an attorney is to make the strongest case for the maximum amount of compensation. Our firm represents car accident victims by:
- Applying our extensive personal injury law experience to your case
- Investigating the car accident to uncover evidence
- Determining who all may be at fault for your accident
- Building a strong case that meets the necessary elements of a car accident claim
- Handling all aspects of litigation, including filing and serving court papers
- Negotiating a fair settlement with the insurance company and lawyer representing the driver
- Taking your case to court if the lawyer and insurer refuse to negotiate in good faith
- Calling upon expert witnesses who can substantiate your allegations
Is It Worth Hiring a Lafayette Car Accident Attorney?
Although you have the right to pursue your car accident case alone, you could end up jeopardizing your right to the compensation you deserve. An experienced car accident attorney in Lafayette will understand the elements the victim must prove in a lawsuit and how to go about proving them. We know the types of evidence that demonstrate our clients’ allegations, how to obtain it, and how to maximize its effectiveness either in court or during settlement negotiations.
What Is the Average Settlement for a Car Accident?
Every car accident is unique so there is no such thing as an “average” car accident. That means there is no average car settlement amount. However, your Lafayette car accident lawyer can help provide a reasonable estimate of the possible damages you could win, based on such factors as:
- The complexity of the accident, including how many at-fault parties there are
- The extent of your injuries
- The medical bills you already have and those that will likely be incurred later
- How much work you have lost and are expected to lose
- Whether you can work at the same productivity level as before your accident
- The value of other damages such as pain and suffering
- Whether the defendant’s lawyer and insurance company are willing to negotiate in good faith
What Damages Can I Collect for a Car Accident?
Car accident damages are broadly divided into two categories:
Economic
These are called economic damages because they are fairly easy to calculate. Included in this are:
- Medical bills, including future ones
- Lost wages
- Lost future earning capacity
- Car repairs
- Damaged or destroyed personal property
Non-economic
Included here are non-monetary losses, the value of which is more subjective. Examples include:
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
- Humiliation
Will My Car Accident Lawyer Deal With the Insurance Companies for Me?
Your Lafayette car accident attorney will handle all aspects of the insurance claims process, including submitting the appropriate forms and supporting documents, demonstrating the at-fault party’s liability, and negotiating with the insurance company.
It is strongly recommended that you retain an attorney to handle all communications with the insurer. Insurance companies use numerous tactics to underpay or outright deny valid claims.
Once you sign an insurance settlement, you waive any further legal action. If your damages end up being worse than you initially expected, you won’t have another chance to seek additional compensation. An attorney can help you seek the full value of your claim.
How Long Does a Car Accident Claim Take to Settle?
The amount of time it takes for a car accident case to settle is based on several factors:
- The severity of the accident
- How long it takes to obtain evidence and identify the at-fault parties
- The nature and amount of your damages
- The willingness of the defendant’s lawyer and insurer to settle fairly
Who Is Liable for a Car Accident?
Depending on the facts in your case, all of these parties (among others) could be liable:
- The driver
- The automobile’s owner
- The driver’s employer
- Governmental entities responsible for road maintenance
- Automobile and parts manufacturers
- A repair shop or mechanic
- A construction company doing road work
What Can I Do to Protect My Rights After a Car Accident?
Follow these steps to protect your rights after being in a car accident:
- Call 911: The police will arrive to generate a police report with valuable details about the crash.
- Get immediate medical attention: Even if you don’t think you’ve been hurt, it is vital to your health and your insurance claim that you see a doctor.
- Obtain evidence: Take photos, record video, talk to witnesses, and make personal notes about the events surrounding the accident.
- Talk to an attorney: You should discuss your accident with a Lafayette car accident lawyer to understand your legal rights.
How Long Do I Have to File a Lawsuit After a Lafayette Car Accident?
In most cases, you only have one year after your car accident to file a lawsuit. If you don’t file within this one-year period, your claim will be forever barred. The filing deadline may be different if:
- The victim is a minor
- The at-fault party is a government entity
- The accident resulted in death
You should not wait to take action on your claim. Evidence can be lost and memories can fade with time.
Do You Always Receive a Settlement From a Car Accident?
While a car accident attorney in Lafayette will work diligently to prove the liability of the at-fault party and support the monetary value of your legal claim, that doesn’t mean your case will necessarily settle. For a number of reasons, insurers do not always negotiate in good faith with accident victims. If the insurer will not make a fair settlement offer, then court will be necessary.
What Happens When You Go to Court for a Car Accident?
If your case goes to court, your Lafayette car accident attorney will work to prove these required elements:
- Duty of care: The at-fault party had a duty to avoid causing reasonably foreseeable harm to others. All drivers, for instance, must obey traffic laws.
- Breach: A breach happens when the duty of care is violated. Driving drunk, for example, is a breach.
- Causation: The breach must have caused the accident. Although causation is more complicated with multiple parties, your attorney will understand how to establish this element.
- Damages: Lastly, the nature and amount of your damages must be proven. This includes future damages you will likely incur.
In court, both your attorney and the attorney representing the defendant will examine and cross-examine witnesses (including expert witnesses), introduce exhibits as evidence, and make arguments.
How Do I Obtain a Car Accident Report?
Contact the law enforcement agency that responded to your accident to obtain the accident report. This may be a local police station or state highway patrol. You will have to pay a nominal fee for this report, but it contains valuable information about the accident. Give a copy to your attorney.
Lafayette Car Accident Statistics
Car accidents happen all too frequently in Lafayette and Louisiana in general. Louisiana State University’s Center for Analytics & Research in Transportation Safety reports that there were 2,841 car accidents in 2022 that led to severe injuries. In the same year, there were 37 fatal car crashes. Some of the most dangerous streets in Lafayette are:
- West Congress Street
- Ambassador Caffery Parkway (especially at the Johnston Street intersection)
- West Pinhook Road
- Kaliste Saloom Road
What Are the Main Types of Car Accident Claims?
Most car accident claims fall into one of these categories, all of which we handle:
- Claims against at-fault drivers
- Claims against third parties like automobile manufacturers
- Uninsured or underinsured motorist claims
- Wrongful death claims
Let Our Legal Team Help You Fight for Financial Compensation
No matter what type of car accident you’ve been in, we have the experience it takes to seek the compensation you need. Don’t face the lawyers and insurance companies alone. Call Inzina Law Injury Attorneys to get started on your case today.
Car Accident FAQs
How will my Lafayette car accident lawyer obtain the evidence needed in my case?
Some evidence is provided directly by the victim, while other evidence is acquired using what is known as discovery. This is a process by which the parties formally exchange relevant documents and information with each other. Your attorney will use various discovery tools to get the evidence needed for your case.
What if I am partially to blame for the accident?
Louisiana has a comparative fault law under which a victim’s damages can be reduced if he or she was partially at fault. For example, if you are determined to be 20% liable and would otherwise receive $100,000 in damages, this will be reduced by 20% ($20,000) and you will end up with $80,000. We work hard to fight any attempt by the at-fault party to shift liability to our clients.
Do I need an attorney for a minor car accident?
Many victims of minor accidents don’t want to deal with the hassle of retaining legal counsel.
However, you may be more seriously injured than you initially realized and, therefore, entitled to more money than the insurer is willing to offer. Regardless of how major or how minor your car accident was, let us show you how we can represent your best interests.
