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Car Accidents Legal in Metairie, Louisiana
Car accidents are the most common source of personal injuries and personal injury lawsuits. Even a “fender bender” can lead to thousands of dollars in medical bills and property damage. So when an accident is the result of negligent or reckless driving, the victims have a legal right to seek compensation. An experienced Metairie car accident lawyer can assist you in dealing with insurance companies following an accident, and if necessary taking legal action directly against the responsible driver and other parties.
Fault and No-Fault States
Personal injury and car accident claims are mostly governed by state law in the United States. Some states have chosen to adopt a “no-fault” rule when it comes to car accidents. This means that each driver involved in a collision must first seek compensation from their own insurance company. Other states are fault-based. So if you suffer any injuries in a crash, you can seek full compensation from the driver who actually caused the accident.
It is also important to note that not all car accidents are the fault of a driver. For example, a single-car accident may be the result of a design or manufacturing defect in the vehicle itself. In those situations, the injured victim may still have a personal injury claim against the company that made the vehicle or the defective part in question.
But most car accident lawsuits arise from negligent driving. Negligence does not require malicious intent. In other words, you do not have to prove the other driver was trying to hurt you. Rather, negligence can involve something as simple as failing to obey traffic laws–e.g., running a red light or distracted driving. In legal terms, negligence involves proving three things:
- The negligent driver had a legal duty to use reasonable care when operating their vehicle.
- The negligent driver breached that duty through one or more negligent acts.
- As a result of this breach, the victim suffered injuries.
Now, a defendant in a car accident lawsuit may try and shift blame to the plaintiff. When this occurs, a jury will have to decide the relative or comparative fault of each party. For example, the defendant may have run a red light, but the plaintiff was also texting on her phone when the collision occurred. The jury could decide the defendant was still mostly at-fault for the accident, but reduce the amount of the plaintiff’s damages to account for her comparative fault.
What Legal Damages Can I Recover Following a Car Accident?
Damages are the compensation a car accident victim may receive following a successful personal injury claim. The law generally divides compensation into economic and non-economic damages. Economic damages reflect losses that can be readily measured in dollar terms, such as your accident-related medical bills or the cost of repairing your car. Non-economic damages are those losses that are quite real yet difficult to quantify, notably your ongoing pain and suffering following an accident.
Of course, every victim’s situation is unique. A qualified Metairie car accident lawyer can review your case and provide you with skilled legal advice on the best way to seek compensation. Contact the Law Firm today if you have additional questions and wish to speak with an attorney.
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