If you are facing recovery from injuries you’ve sustained in a truck wreck in Lake Charles, Louisiana, or if you are wondering what the next steps are after losing a loved one in such an accident, help is available.
The Lake Charles truck accident attorneys at Morris Bart, LLC, can answer your questions about your rights and possible next steps after your accident. You may be entitled to a settlement or ruling that compensates you for your losses.
Identifying the Responsible Parties in a Lake Charles Truck Accident
Having a legal advisor by your side can help you identify the responsible parties in your Lake Charles truck accident case. Generally, the party who committed the negligent act that caused your injuries will be liable. In some cases, multiple parties could share fault.
Thus, the first task is to find out who is responsible for your injuries, so we know which insurance companies to contact, and who to sue should that be necessary. The responsible parties in a truck accident case could be:
- The driver of the truck involved in your accident
- The individual or company that hired the driver who caused your accident
- A truck mechanic or truck part manufacturer, if some sort of malfunction caused the accident or contributed to your injuries
- The government, if unsafe road conditions, inadequate signage, or a government-operated truck played a role in your accident
Our Lake Charles truck accident lawyers can help you identify which party or parties may be responsible for your losses. We are not afraid to take on any party that may have caused you harm.
For a free legal consultation with a Truck Accident lawyer serving Lake Charles, call (501) 588-3304
Proving Liability in a Truck Accident Case
Proving that the defendants in your case are liable for your injuries will be central to obtaining the compensation that you need. Your lawyer will attempt to do this by:
- Showing the court that the defendant owed you or your loved one a duty of care (e.g., by obeying Louisiana traffic laws on a public road)
- Proving that the defendant violated this duty of care by acting negligently (e.g., by running a stop sign)
- Establishing a link between the breach of duty of care and your injuries (e.g., a collision between the truck and the vehicle)
- Calculating the damage of your injuries and presenting your case for them to the court (e.g., medical bills, lost wages, pain and suffering)
Successfully completing these four steps is the recipe for obtaining compensation, whether in a settlement situation or at trial. In order to do that, our truck accident lawyers must gather evidence.
Lake Charles Truck Accident Lawyer Near Me (501) 588-3304
Gathering Evidence in Your Lake Charles Truck Accident Case
Typically, the defendant in a truck accident case must present evidence for each of the steps listed above. When you are represented by a Lake Charles truck accident attorney at Morris Bart, LLC, we will invest our resources into gathering evidence that defends you. This may include:
- Speaking with witnesses and collecting witness statements
- Collecting photos, videos, and police records from the scene of the accident
- Requesting evidence from the trucking company, such as dashcam footage, driver safety record, driver licensing, and more
- Hiring accident reconstruction experts
- Speaking with your doctor to get a full picture of your injuries and to obtain documentation of your injuries for use at trial
- Hiring medical experts to determine the future costs of your treatment
These are just a few of the ways a lawyer can help you, and allowing a lawyer to handle this gathering of evidence can allow you to concentrate fully on your recovery. If an insurance company is not willing to give you a fair and reasonable settlement based on the evidence we provide, we can take your case to court.
In addition to these tasks, your lawyer will keep you updated on the case, handle all legal paperwork and deadlines, and manage all communication and negotiations with the truck carrier insurance company and the liable parties.
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Possible Compensation from a Truck Accident Lawsuit
Every truck accident is unique, and the compensation you may be able to recover in your claim will depend on many factors. In general, damages in a truck accident case may include:
- Cost of all medical treatment
- Transportation to the hospital and doctor’s appointments
- The cost of rehabilitation, which may be necessary for both physical and psychological trauma
- Income that you lost as a result of the accident, as the recovery period after serious vehicle accidents can be lengthy
- Any long-term reduction in your earning power
- Pain and suffering resulting from the accident
If you are bringing a wrongful death claim against the driver of a truck, additional compensation may cover:
- The cost of your loved one’s funeral and related expenses
- The loss of your loved one’s future income
- Loss of consortium
- Pain and suffering
There is also the potential for punitive damages against the defendant should your case go to trial and the court believes they’re necessary. This is extra payment demanded as punishment for especially severe cases of negligence.
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How do Your Truck Accident Lawyers Get Paid?
Our Lake Charles truck accident lawyers operate on a contingency-fee-basis, which means you pay us nothing unless we win your case. If you win your case, whether by settlement or trial, we will take a flat percentage of the final compensation amount.
This method of payment allows anyone to approach a truck accident lawyer to get representation in making a claim. Insurers also know that they can’t use their tricks on a lawyer and will often raise their offers as soon as you prove you have a lawyer on your side.
Examples of Trucking Company Insurance Tricks
An insurance adjuster is often quite friendly and sympathetic about your situation, but there is an ulterior motive. The job of the adjuster is to set the compensation as low as possible while still complying with the law and the policy.
They will get you to spill information that’s detrimental to your case. For instance, if they ask how are you and and you answer you’re fine, they could say that you weren’t all THAT injured because you were “fine” at the time. Many of us answer “how are you” automatically that way.
Another example is delaying your case. If an insurer knows your case might get worse over time, they may slow your case processing down to let your bills grow. Then, when they offer a settlement amount, the financial pressure may make you jump even though you need more.
Call the Legal Team at Morris Bart, LLC Today
The statute of limitations for both wrongful death and personal injury claims in Louisiana is generally one year from the date of the accident. In some cases, there may be exceptions to this one-year time limit.
To discuss the statute of limitations in your case, contact the Lake Charles truck accident attorneys at Morris Bart, LLC today. Consultation calls are free. Allow Morris Bart, LLC to represent your Lake Charles truck accident case.
Questions?Call (501) 588-3304
to find a Morris Bart office near you.
