Car Accident Case: How to File a Lawsuit

Filing a lawsuit in a car accident case is useful to recover damages. We get it. You’ve been injured in a car accident, left with endless medical bills, and want to bring justice to your position. In the state of Louisiana, you have every right to file a lawsuit against an at-fault driver.

Car accidents can leave behind more damage than what we see to the car and you. There’s stress that comes from finances, and depending on the severity of injuries, life-long adjustments are to be made. A car accident case can help alleviate some of these.

If you’ve recently been involved in a car accident, here’s how to file a lawsuit and seek the compensation you deserve.

It All Starts at the Scene

You may not have thought of this, but the prep work for your car accident case begins at the scene of the accident. Driver information and identification, police reports, witness statements, and medical records can all be used as evidence in your case later on.

Most places and traffic lights now have video systems installed that can give a detailed retelling of the accident, and these can also be used to prove the fault of the guilty driver.

If you are ever involved in a car accident, the most important thing to remember is to stay at the scene. Never flee or try to chase a driver that decides to pull a hit-and-run. Remaining at the scene indicates to the police the seriousness of the matter and also puts you in a better light for the jury later on in your car accident case.

Getting the other driver’s information, such as their name and insurance details, is another crucial step for the beginning of your case.

Unless you are seriously injured and need to seek immediate medical attention, it’s also time to start looking for a lawyer once you’ve had to settle down at home.

According to Article 3492 of Louisiana’s Civil Code, you have up until one year of the date of the crash to file a claim.

How Long Does a Car Accident Case Take in Louisiana?

Court cases can vary in time for a variety of factors. Most of the time, it takes a few months to a few years, depending on complexity.

One of the biggest reasons your court case could be delayed is if the at-fault driver becomes difficult to find. Some at-fault drivers try to avoid appearing in court because they know they’re guilty and can’t pay the hefty fine or face jail time, so they decide to do one of the following:

  • Flee the state
  • Change their identity or appearance

Your court case can also carry out some time if you are severely injured and need a lot of time to repair. If your case is more simple, there’s a lot of proof, and the other driver is easily found, your case could be over in a few months.

How to Start Filing a Car Accident Case

The first step in filing a lawsuit in Louisiana is finding a lawyer that you trust. Without a good car accident lawyer, you might not end up with the good settlement amount you deserve.

There will likely be a lot of lawyers in the area advertising they handle car accident claims. Most firms offer a free consultation with no obligation for you to come in and discuss your case with a lawyer belonging to the firm. You should consult with at least three to four lawyers before finding the one that’s right for you.

After consultation, you will select the lawyer and tell them you would like to sue the defendant. Your attorney will begin drafting the papers and hand-deliver them to the defendant. Once that happens, the work for building your case begins.

Working with a lawyer means that you get someone with legal knowledge and the ability to build your case around the present evidence. Lawyers are responsible for consulting with you about what’s happening in your case.

They cover most of the work, such as speaking in court, gathering witness statements, and speaking to medical professionals and police to gather records to add to the evidence.

Seek Legal Help Today

Instead of trying to handle the headache of car accident claims yourself, get help from a legal professional belonging to Lousiana Accident Lawyers.

We specialize in handling accident cases such as car accidents and helping residents seek extra compensation and justice for their injuries and losses.

To get started, you can call our firm at (888) 407-0911 to speak to our representative about scheduling your free consultation.

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