Accident victims often face financial challenges, on top of the physical injuries and emotional distress caused by the accident. Filing a personal injury claim after a serious car accident is one way to recover financially after an accident.
The damages you recover can cover economic expenses, such as medical bills and lost wages, as well as noneconomic expenses, such as pain and suffering and mental anguish.
Many personal injury claims in Louisiana are based on the legal concept of negligence. As the person bringing the lawsuit, you will need to establish that the other driver or another party involved in the accident was negligent and at fault for your accident. Negligence is made up of four elements:
- Duty: The other party owed a legal duty to you (e.g., drivers owe a duty to operate their vehicles in accordance with the law).
- Breach of duty: The other party breached their duty (e.g., driver failing to stop at a stop sign).
- Causation: The other party’s breach of duty caused your accident.
- Damages: You suffered damages because of the accident.
Evidence to prove negligence
The evidence you need to prove your negligence claim will depend on the details of your case. However, most accident victims will present some or all of the following evidence to prove their claim:
- Police report completed by an officer at the scene of the accident.
- Eyewitness testimony from people who witnessed the crash.
- Photos/videos from the accident scene.
- Medical reports documenting treatment you received after the accident.
- Expert testimony from accident reconstructionists, medical professionals, etc.
Catastrophic car and truck accidents can leave victims with thousands of dollars in medical bills and other expenses. If your claim is successful, the damages awarded to you can help support you and your family during your recovery.