Car accidents are one of the most common types of accidents. Most people will be involved in a car accident at some point in their lives. Sadly, some of these accidents involve serious property damage and bodily injuries.
Evaluating a Car Accident Case
Every car accident case is different. Each will have its own set of facts and circumstances that will make it unique. However, even though they are different, there are several things that will be considered in evaluating a car accident case:
1. How Severe Are Your Injuries from the Car Accident?
This is one of the key issues in a car accident case, or any personal injury case for that matter. A thorough evaluation of your claim will require a determination of how badly you’ve been injured, whether you will require surgery or future medical treatment, the impact that this injury will have on your past and future earning capacity, and the impact that the injury will have on your daily life.
2. Who Caused Your Car Accident and Did They Have Insurance?
If your car wreck was caused by a company vehicle, they will likely have an insurance policy. Individuals, on the other hand, will typically have policies with lower limits and may even neglect to insurer their vehicles (even though it is against the law in Louisiana). Figuring out the insurance policies and scope of potential coverage is one of the first steps in any car accident case.
3. Do You Have Uninsured/Underinsured Motorist Coverage?
Even if the other driver is uninsured or has only minimal coverage, you will have an additional way to recover if you’ve got underinsured or uninsured motorist coverage for yourself. Many times people elect not to purchase this additional coverage, but it can be extremely helpful if you’re injured in a car accident.
4. Did Your Fault Contribute To The Car Accident?
Louisiana uses a system called “comparative fault.” This means that the jury or judge will determine the percentage of fault for everyone involved in your car accident. If you’re held responsible for a percentage, your recovery will be decreased by that percentage. In other words, if you’re awarded $100,000 but you’re found to be 30% at fault, you will only be allowed to recover $70,000.
5. Did The Insurance Company Act in Good Faith?
Insurers have an obligation to timely adjust and pay claims when they are put on notice of damages. If they fail to do that, they can be subjected to penalties and may be responsible for your attorney’s fees.
6. How Bad Is Your Property Damage?
This is usually the smaller component of most car accident cases, but depending on the type of car you’re driving, it could be a fairly large number. If the car accident was caused by somebody else’s fault, you will be entitled to recover the cost of your property damage from them. You may also be compensated for the loss of use of your vehicle and rental car expenses.
So What Is My Car Accident Case Worth?
Unfortunately, the honest answer is: it depends. There are so many factors that come into play in evaluating a personal injury cases that it’s almost impossible to put a number on your case’s value. Indeed, many times the true value of a case may not come out until the case is pretty far into the discovery process. This is why consulting with an accident lawyer should be your first step if you’ve been injured in an auto accident.
Call A New Orleans Car Accident Lawyer Today
If you’ve been injured in a Louisiana car accident or truck accident, don’t wait. Call a New Orleans personal injury attorney at (504) 564-7342 to talk about the details of your case and figure out if you’ve got a claim.
