When a car accident occurs, the resulting injuries and damages can be devastating to both victims and their families. These injuries may warrant damages for medical expenses, lost wages, pain and suffering, and other expenses related to the car accident. To recover these damages, you may file a claim against the parties responsible for your accident within 1 year of your accident. These at-fault parties may include:
- The driver of the other vehicle/vehicles involved in the accident.
- The owner of the other vehicle/vehicles involved in the accident.
- The employer of the other driver/drivers, if the driver was operating the vehicle within the scope of their employment at the time of the accident.
Proving that a party is at-fault for an accident generally requires you to establish that they acted negligently. Proving negligence in Louisiana requires you to prove:
- Duty: The party owed you a duty of care (e.g., motorists owe other motorists a duty to operate their vehicles safely).
- Breach of duty: The party breached the duty owed to you (e.g., motorist violated traffic law).
- Causation: The party’s breach directly and proximately caused the accident (the accident would not have occurred but for the party’s negligence and the results were foreseeable).
- Damages: You suffered injuries and damages as a result of the collision.
Several types of evidence may be used to help build your case including accident reports from the scene of the accident, witness testimony, expert testimony, medical records, wage reports. A personal injury attorney can help you collect the evidence needed to build your case and recover the damages you are entitled to receive after an accident.