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Louisiana’s Auto Accident Lawyer: Your Guide To Assistance

December 4, 2023

Louisiana’s Auto Accident Lawyer: Your Guide To Assistance – When someone’s actions harm you, you have the right to claim the law and hold them accountable. Having the right to sue someone who has harmed you is a civilized way to resolve your dispute. But the right to sue is not an unlimited right.

Since being prosecuted is considered a heavy burden on the accused, the threat of prosecution cannot burden the offender forever. The law gives people what is considered a reasonable amount of time to decide whether to act according to the law. This way, people who are at risk of being sued know what to expect and for how long.

Louisiana’s Auto Accident Lawyer: Your Guide To Assistance

Louisiana's Auto Accident Lawyer: Your Guide To Assistance

Limiting the period of action also makes it more likely that the damages claimed will arise from an accident involving the defendant and not from something that happened at the same time.

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Allan Berger & Associates encourages those considering filing a claim after a car accident to contact a qualified personal injury attorney as soon as possible.

Louisiana law states that anyone who causes injury to another person by their actions must be compensated for the injury. People on both sides of the divide rarely agree, so formal processes are initiated where rules are followed in the hope of achieving a fair outcome.

When a person is involved in a car accident, they can suffer both property damage and personal injury. As long as the main part of the accident was caused by someone else, the injured party has the right to file a lawsuit and demand compensation from the person at fault.

The Limitation Act sets the time period during which certain legal actions can be taken. To file a personal injury claim in Louisiana, the statute of limitations is one year from the date of the accident or incident that caused the alleged injury.

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Louisiana personal injury law has one of the most restrictive deadlines for filing a lawsuit in the United States. Most states have a two-year statute of limitations on personal injury claims. But some states allow three, four, five and even six years in which injured parties can file a claim.

The one-year statute of limitations only applies to adults. If a child is injured in a car accident, the clock does not start until the child turns 18. A 4-year-old child injured in a car accident has 15 (14 plus one) years to sue the person responsible.

In common law, this is what is known as the discovery rule. The discovery rule prevents the statute of limitations from running if the person filing the claim fails to discover the cause of the accident or the cause of the injury within the standard time frame.

Louisiana's Auto Accident Lawyer: Your Guide To Assistance

The key to determining when the statute of limitations begins to run is knowing when plaintiffs should have known of their right to sue. The time when the claimant was really aware of his right to intervene is not automatically determined.

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For example, a plaintiff who was seriously injured when another driver failed to stop may not have known at the time of the accident that the other vehicle’s brakes tended to fail when pressure was applied to stop quickly. If the manufacturer of the other driver’s vehicle does not issue a brake recall until 18 months after the accident, the plaintiff may not be reasonably aware of a potential claim against the vehicle manufacturer during the one-year period.

In some situations, for example when several vehicles are involved in an accident, there may be many people responsible. As long as the plaintiff brings an action against one party at least one year after the accident, he still has the opportunity to bring an action against the other guilty party after the limitation period has expired.

Recent changes to Louisiana law allow parties to agree to extend the statute of limitations. Called a salary agreement, the person who has the right to forcibly raise the deadline can agree to extend the period in increments of one year.

In most cases, if you try to sue someone for a car accident that happened more than a year ago and there are no exceptions, the defendant will argue that the statute of limitations has expired and your claim will be dismissed or dismissed.

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There are very rare cases where the statute of limitations is extended when it is unfair, but these types of situations are very real and should be discussed with a personal injury attorney.

A year may seem like a lot of time to some and not enough time to others. When it comes to proving a legal claim, it is best to file a claim as soon as possible. Proving claims becomes difficult over time. Evidence becomes difficult to gather as conditions change and memories fade.

Because establishing fault is critical to a plaintiff’s ability to recover, the best time to start a personal injury claim is as soon as possible after it has occurred and before evidence is destroyed by subsequent events.

Louisiana's Auto Accident Lawyer: Your Guide To Assistance

The professionally recognized New Orleans car accident attorneys at Allan Berger & Associates have been helping injured clients receive the compensation they are entitled to for more than 40 years. If you have been injured in a car accident, make sure your rights are protected. Call Allan Berger & Associates at 504-618-1596 or contact us here for a free evaluation of your case. If people are injured in a car accident, they are entitled to receive money from the injured party in the form of compensation. There are many types of damage you can get money back for. It is important to understand the different types and what must be proven to obtain a recovery for each. When it comes to car accidents, we look at almost all types of financial damages. This means that the more people suffer, the more money they can get. Therefore, people need to understand what types of injuries they can be compensated for and how much money they can expect for each.

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The general idea of damages is to put the injured party, if they were not at fault, back into the situation they would have been in had they not been injured in the first place. Of course, if someone is permanently injured, disfigured or lost in a car accident, it is impossible to put them back to where they were if the accident had not happened. In such a situation, the law requires the determination of the monetary value for the loss of the person.

Sometimes it can be difficult to determine how much damages a person can receive for an injury. It is important to understand that “injury” to a party is not limited to physical injury.

In addition to personal injury, the word “damage” can refer to almost any loss resulting from an accident, such as vehicle damage, loss of wages during the time a person is unable to work, past and future medical expenses, and to. , wounds. Caused by the pain and suffering of the person. The most important types of damage that can be covered in a car accident are:

The best way to know what damages you may be entitled to is to know what is considered a loss and what must be proven to be covered. So we need to take a closer look at each of these damage types.

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One of the most basic and understandable types of damage for which a person can receive compensation is damage to personal property. In the case of a car accident, this is mostly related to the damage to the vehicle. However, this may also include damage to other movable property if the damage is due to an accident. This could include, for example, other personal items, such as golf clubs or jewelry, that were in the car and were damaged in the accident. Not surprisingly, the amount of property damage expected to be recovered is the total amount of property loss caused by the accident. Any property damaged in an accident must be replaced, but assessing property loss is more complicated.

Determining the actual value of the damaged property depends on whether the property is damaged, can be repaired, and how long there has been a loss of use of the property. The normal value of recoverable property damage is the “fair market value” of the property if it is completely destroyed, or its reduced value if it is partially destroyed. Again, it’s important to remember that in the event of a car accident, property damage is usually limited to your vehicle.

The fair market value of a vehicle that is totally destroyed or so severely damaged that the cost of repair exceeds its value is the value of

Louisiana's Auto Accident Lawyer: Your Guide To Assistance