In the immediate aftermath of a car crash, the most important thing is making sure that the injured get to medical help as soon as possible. After the emergency passes, those who suffered moderate to serious injuries may begin to question what to do next. The costs associated with a motor vehicle accident can be significant, but it may be possible to seek damages through the filing of a personal injury claim against the party or parties deemed responsible in a Louisiana court.
Before a court will even consider an award of damages, it is necessary to prove the other party or parties’ negligence. Every Louisiana driver owes a duty of care to his or her passengers and everyone else on the road. When a driver breaches that duty through some negligent act such as running a red light, speeding or driving under the influence, people can get hurt.
These are just a few examples of what types of actions can prove negligence to the court. The more information you have regarding the cause of the accident and any contributing factors, the better the chances are that negligence can be proved. Police reports, accident reconstructions and witness statements can all be offered as evidence in a civil action. In some cases, a manufacturer’s defect can cause an accident. If that happens, a product liability claim may be in order.
Regardless of the cause of a motor vehicle accident, the injured parties retain the right to file a claim against the negligent party. If a monetary award results from a successful claim, the injured party may recover expenses such as out-of-pocket medical costs and lost wages. It may also be possible to receive an award of other damages such as pain and suffering.