A car wreck is a jarring experience, especially if you suffer injuries or significant property damage. The shock and adrenaline can make it difficult to stay calm. As a result, many accident victims make mistakes that threaten their ability to recover compensation from the at-fault party.
In the days, weeks and months that follow a car wreck, there may be several administrative tasks that you need to complete. If you have questions about the claims process, do not hesitate to contact a personal-injury attorney.
If you were injured by a negligent driver in Louisiana, contact a New Orleans car accident attorney from Morris Bart. Our firm has more than 100 lawyers and a support staff of 150 legal professionals. Call 800-537-8185 to schedule a consultation.
Here is a brief overview of important deadlines and comparative fault for Louisiana car accident lawsuits:
Personal-Injury Statute of Limitations in Louisiana
In Louisiana, accident victims have a limited amount of time to file a personal-injury lawsuit. According to the Louisiana Legislature, the statute of limitation is usually one year after the injury occurred.
After the one-year timeframe limit lapses, you may lose your right to file a lawsuit. Even if you do not intend to take the matter to court, you should initiate the claims process as soon as possible.
Importance of the Deadline
Some people believe that they will be able to settle out of court with the negligent party after the deadline expires. However, the at-fault person may refuse to pay anything if the statute of limitations expires.
It is important to remember that the threat of a lawsuit is powerful in personal-injury cases. Once your personal-injury attorney sends the Demand Letter, the negligent party is likely to pay your damages to avoid a lengthy and expensive court battle.
Comparative Fault Laws in Louisiana
Much like the statute of limitations, fault laws can differ from state to state. According to Louisiana Civil Code 2323, the state follows a comparative fault approach when an individual suffers an injury, death or loss.
This means that if you contributed to your injury, then your recovery will reduce based on your percentage of fault. For example, if your damages amount to $200,000 and the court determines that you were 25 percent at-fault for the accident, then your total damages awarded would be $150,000.
According to the Code, if a person suffers an injury, death or loss due to someone else’s intentional act of negligence, the comparative fault law does not apply.
Recovering compensation after an injury can be a legally complex process. Even if the at-fault party admits liability, he or she may offer a settlement that will not cover your damages.
A New Orleans personal-injury attorney from Morris Bart can help you avoid mistakes such as accepting a low settlement or signing release documents. We can handle the legal side of your injury so you can focus on physical recovery. Schedule a consultation today by calling 800-537-8185.