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Frequently Asked Questions
1. What is vehicle negligent injury?
According to Louisiana driving law, vehicle
negligent injury is when an injury is inflicted on
someone by an operator of any motor vehicle,
aircraft, water-craft, or other means of conveyance
when the offender is under the influence of alcohol
or drugs with a blood alcohol concentration of 0.08%
or more.
2. Can I recover personal injury damages if I
don’t have insurance and am involved in an
automobile accident that was not my fault?
The Louisiana Insurance Automobile Law is
controlled by the "No Pay, No Play" statute, which
bars motor vehicle owners who do not have liability
insurance from collecting the first ten-thousand
dollars of any bodily injury or property damage
resulting from an automobile accident. This
provision does not apply to passengers in the motor
vehicle. In addition, accidents caused by drunk
drivers or hit and run drivers are considered
exceptions to the mandatory "No Pay, No Play" law
and will allow victims to recover despite not having
any insurance.
3. What damages can I recover in a personal
injury accident where I was not at fault?
If the other driver is at fault and has liability
insurance, you may have the right to collect money
damages to compensate for:
- past and future medical bills
- lost wages
- pain and suffering
- loss of love and affection (must be married)
- physical impairment
If the at-fault driver does not have insurance,
you may be entitled to collect money damages from
your own insurance company if you purchased
Uninsured Motorist Insurance Coverage.
4. How long do I have to file a personal
injury claim?
Personal injury claims are governed by “Statutes
of Limitation,” (we call it “Prescription” in
Louisiana,) which require that the suit be filed
within a certain amount of time after the injury. If
you fail to file your claim before that time
expires, you will be forever prevented from suing
for your damages. The Prescription period in
Louisiana is very short – just one year from the
date of injury to file a personal injury claim.
5. What are the most common personal injury
claims in Louisiana?
There are many types of personal injuries. The
most common are:
- Motor vehicle accidents
- Toxic torts
- Dog Bites
- Medical Malpractice
- Products Liability
6. What is involved in a personal injury
claim?
A personal injury claim involves an injured
individual seeking compensation and damages from the
person believed to be at fault. A
personal injury lawyer may
bring a
claim on three different legal
grounds:
- Negligence – the defendant is accused of
causing the injury by failing to prevent it.
- Intentional wrong – the defendant is accused
of causing the injury intentionally.
- Strict liability – in product liability
situations, this applies whether negligence or
malice was involved or not, as long as the
product was being used as was intended.
7. Can I file a wrongful death lawsuit?
Wrongful death lawsuits can be brought by the
family of a person who has died due to the
deliberate, reckless, or negligent actions of
another. The goal of this type of personal injury
claim is to gain compensation for close relatives,
in order to help defray medical costs and provide
financial support. A wrongful death lawsuit may also
seek damages for pain and suffering, lost wages,
mental anguish, and loss of companionship or support
for the surviving relatives.
8. How are personal injury claims resolved?\
An insurance company may offer a sum of money up
front to the victim. The insurance company is hoping
that the claimant will take the money and absolve
them of any additional financial responsibility.
Once a claim has been settled, the claimant has
legally released the defendant from further payment,
even if the condition worsens.
In the case where a victim does not accept money
from the insurance company and contacts an attorney,
the claim can be resolved through litigation or
settlement. At the Babcock Law Firm we recommend
that all personal injury victims contact an
attorney. Injuries can affect a victim many years
into the future, and it is important that the victim
consider and plan for any unforeseeable financial
burden. Contact the
Babcock Law Firm today to discuss your specific
case. We will advise you on the best course of
action to take regarding your situation.
9. Will my personal injury claim go to court?
Statistically, most personal injury claims are
settled without need for court proceedings. There
still remain a small percentage of personal injury
claims which result in trial. Although your case may
not actually go to trial, your lawyer should still
take all the necessary steps to ensure that the case
is prepared for litigation. This involves the
interviewing you and other potential witnesses.
10. Do I need an attorney to file a personal
injury lawsuit?
When you are injured in an accident, or if it is
a loved one or family member who is injured, the
problems can be overwhelming. Some of these concerns
may be financial, legal, emotional and/or
psychological. The Babcock Law Firm highly
recommends that if you or someone you care about is
injured in an accident, you should consider having
an injury attorney represent you in your injury claim.
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