Minden Car Accident Lawyer

Motor vehicle accidents can result in significant injuries, damage to vehicles, and many financial costs. If you are not to blame for the accident, you should not have to pay these costs. Unfortunately, navigating a car accident claim is frustrating and difficult when you are injured. A Minden car accident lawyer has experience successfully managing these claims and can provide you with the focused and dedicated legal support you need.

Compassionate and Accomplished Legal Representation After an Auto Accident

Legal representation can help you file for compensation quickly after a car accident while still allowing you time to rest and heal. When someone else is at fault for your injuries, you deserve to have those losses covered. You should not have to deal with insurance companies while you are recovering from a serious injury. Jacqueline A. Scott & Associates can help you recover compensation and deal with these companies.

Our legal team has over 75 years of collective legal experience, including significant experience in personal injury cases like car collisions. Attorney Jacqueline Scott has 20 years of experience and can bring you assertive and compassionate legal representation to help you towards recovery and your future.

She excels as a negotiator and a litigator, using her knowledge and experience to protect the rights of car accident victims. Our firm fights to secure your financial future by securing the maximum compensation that is available.

What Is Needed to Hold Someone Liable for My Car Accident?

In most car collisions, one of the drivers involved is to blame for the accident. You can recover compensation for your injuries and other damages if you can prove the other driver was at fault for the crash. To prove them liable, you must prove the following elements:

1. The driver had a duty of care to you, such as the duty of care to act with reasonable consideration for your safety
2. The driver breached their duty of care, often because of a negligent action or inaction
3. The breach of duty led to the accident
4. The accident caused you injury and related financial losses

Most car accidents are based on negligence, meaning the other driver did not intend to cause you harm but did so because they were careless or reckless. They can be held liable for your damages under the theory of negligence. When you can prove that the other party was at fault, you can recover the entirety of your damages in an insurance or civil claim.

Personal injury attorneys and firms have important resources for investigating accidents and discovering the necessary proof of these elements.

Factors Influencing the Value of a Settlement in Minden

Every car accident is different, and the injuries and damages sustained will be unique. Each settlement will vary based largely on the severity of your injuries and other losses, such as the income you lost and the long-term effects of a disability. There are many other factors that can influence the value of your settlement, including:

• How long it takes for you to recover from your injuries
• Whether you were partially at fault for the accident
• What the coverage limits are of the at-fault driver’s insurance
• How many parties were at fault for the accident
• The amount of supporting evidence for fault and your damages
• Whether you have effective legal support advocating for you
• Whether the case is settled in negotiations or through litigation

An attorney can answer the questions you have about your damages and estimate a more accurate value for your settlement based on your unique case.

What Damages Are Available in a Car Accident Claim?

The damages that you can recover in a car accident claim will depend on the specific damages you sustained during the accident. There are many damages that can be recovered.

Many injured individuals can determine some of the damages that are covered in a settlement, such as medical costs and lost income. However, there are numerous future costs and intangible losses that you may not calculate. If you don’t, you are likely to accept a settlement that is worth much less than your damages. Working with an attorney to properly calculate these damages is crucial to knowing what your claim is worth.

Car accident claims primarily recover compensatory damages, which include both economic and non-economic damages. A car collision can be minor and only cause property damage, or it can be severe and result in catastrophic injuries, leading to financial and personal losses. All of these losses must be considered when calculating compensatory damages.

Economic Damages

Economic damages are losses with fixed values, which can be proven with bills or receipts. These losses can include:

• Medical bills, including past and future costs for surgeries, treatment, medication, doctor’s visits, and other medical needs
• Long-term care, including at-home caretaker costs and the costs of mobility aids, medical devices, and accessibility changes to a home or vehicle
• Lost wages, when you cannot return to work for a period of time as you recover
• Lost earning capacity, when you are permanently unable to work or work full time, making up for the wages you should have earned during your life
• Property damage, including damage to your vehicle and other personal property

Non-economic Damages

Non-economic damages are intangible and do not have a standard value. These are emotional, physical, and psychological losses that can be recovered. This includes damages like:

• Pain and suffering
• Loss of consortium
• Loss of companionship
• Emotional anguish
• Loss of enjoyment of life
• Diminished quality of life
• Disfigurement and scarring

It is important to maximize your compensation by fairly calculating the true extent of your losses. You need an attorney who will take the time to understand you and the situation you are in and note how your injuries impact your daily life.

Exemplary Damages in a Car Accident Claim

Although not common, there are some car accident claims where exemplary damages are awarded. If your claim goes to court, exemplary damages may be awarded on top of compensatory damages.

Exemplary damages are available when the at-fault party causes the accident out of reckless disregard for other people’s lives and safety, such as them being intoxicated while driving. Unlike compensatory damages, these exemplary damages do not compensate you for a loss but instead are awarded to deter the at-fault party from further reckless behavior. The amount of the damages in your case will depend on the circumstances and severity of the party’s actions.

Liable Parties in a Car Collision

Most car accidents are the fault of one or more drivers involved in the collision. However, there are situations where another party may be fully or partially liable for the crash. Some of these parties may include:

• The owner of a motor vehicle in the crash when the owner is not the driver
• The employer of an at-fault driver who was on the clock
• A company that owns or is responsible for a commercial vehicle
• The manufacturer, designer, or distributor of a defective car part
• A mechanic or repairman
• A governmental agency responsible for the roadway

When there are multiple parties liable for an accident, they can each be found liable for their portion of fault in a claim.

This can be especially useful to individuals whose injuries exceed the insurance coverage of any one of the at-fault parties. While you cannot recover more damages than you sustained, you can more easily recover the full cost of your losses from multiple claims. However, this can also become complicated, and it can be helpful to have an attorney managing these claims. Your attorney can investigate the at-fault parties and determine how to maximize your compensation.

Filing Before the Statute of Limitations

The statute of limitations is the period of time that you must initiate legal action, or else you are barred from receiving compensation for your damages. This is a very short window, and you should not delay. If your accident happened prior to the new statute of limitations going into effect, you have even less time. The statute of limitations countdown begins when you sustain your injury.

Acting quickly is crucial to meeting the statute of limitations, but it is also crucial to preserve evidence from your accident. The sooner you get in contact with an accident attorney, the sooner they can investigate the scene of the accident and gather relevant evidence. Working with an attorney early can significantly benefit the strength of your case.

There may be rare circumstances where there is a longer statute of limitations, but there are also situations where the statute of limitations is even shorter. If you believe you have the grounds for a car accident claim, discuss your situation with an attorney to determine if your claim for compensation is valid.

What If I Am Partially to Blame for a Car Accident?

If you are partially to blame for a car accident, you could still recover compensation for your injuries. Louisiana operates under comparative negligence laws when a car accident claim goes to court. When multiple parties are negligent in causing an accident, each one is liable for their percentage fault. If you are partially at fault, your final settlement is reduced by the percentage the judge or jury determines you were at fault.

If you are determined to be 25% liable for the accident, then you would receive 75% of your total damages in a settlement. The support of an attorney is especially crucial if you are partially liable. The insurance company of the other party or parties may try to claim you are fully liable or more liable than you truly are. An attorney can advocate for you and prove the true fault, reducing the amount you are found to be at fault. This can, therefore, increase the final compensation you recover.

How Long Does It Take to Settle a Claim After a Motor Vehicle Accident?

Every settlement and the circumstances of an accident are unique, so there is no single answer to how long a case may take to settle. Some claims can be resolved quickly, while others take significant time. Some influencing factors include:

1. Recovery Time: When your injuries are severe, this can delay the claims process. It is better to calculate your medical costs, both current and future, when you are mostly recovered or have reached maximum medical improvement. This will help more accurately show what your long-term losses and costs will be when calculating your settlement.
2. Evidence Present: If there is substantial evidence showing that the other party was at fault, the insurer is likely to agree to a fair settlement more quickly. However, if fault is contested or takes time to determine, it can make it take longer. Insurance companies will do what they can to avoid paying full and fair compensation.
3. Representation: When you work with legal support, you may be likely to secure a resolution more quickly. An attorney can navigate claims more efficiently and can avoid errors and mistakes that would delay your claim. Additionally, an attorney can keep you informed of the timeline and help you know what to expect.

If a case with an attorney does take more time, it is often because they are working to secure you the maximum compensation that is available.

1. Settlement or Verdict: If a claim goes to court for a verdict, it will likely take much longer than a claim settled out of court. Trial verdicts rely on the court’s availability and may take multiple trial dates to resolve. While these cases do take longer, they may be necessary if the at-fault party and their insurer are unwilling to settle for fair compensation.

Resolving your claim too quickly can result in other costs that are not covered by your settlement. It is crucial that you work with an attorney who focuses on covering your damages with a full settlement. Your attorney can also help you understand how long your case is likely to take.

Jacqueline A. Scott & Associates: Your Car Accident Attorneys

The personal and financial consequences of a car accident can be much wider-reaching than you realize. While you may think a car insurance claim is straightforward, it often is more complex. It is difficult for most injured parties to recover costs from insurance companies that are only focused on their bottom line.

Accomplished and dedicated legal support protects your rights and your financial interests. Contact Jacqueline A. Scott & Associates today if you were involved in a car collision.