A fatal crash occurred on I-10 eastbound, west of US 61 in St. James Parish, claiming the life of 21-year-old Andre Navarre of Metairie.  The 2005 Jeep Wrangler exited the roadway and overturned, and causes for the accident are being investigated. An experienced Louisiana attorney can offer accident victims, and their families, competent legal counsel with valuable resources to support a case, including scene investigators, loss mitigation specialists, and researchers that will review police and medical reports, along with witness testimony to make a determination of fault that will impact compensation available to victims of loss.

Motor vehicle insurance.

Louisiana is a third party liability state with regard to car accidents, and follows the pure comparative negligence rule, where an accident victim may seek compensation after a judge, or jury has assigned fault. Recovery of damages is contingent upon proving that an individual, or entity was negligent and caused the injury and owed a duty of care to the victim.  Accidents took the lives of almost 800 individuals according to State of Louisiana accident data in 2018.  There are many factors that contribute to roadway crashes that cause injury and death and they include:

  • Damaged, or road infrastructure that may be under construction,
  • Older vehicles that may not be road-worthy,
  • Traffic laws that are not enforced,
  • Reckless, or unsafe driver behaviors, and
  • No, or low quality post-crash medical care.

When an accident occurs where there are no other vehicles involved, an accident lawyer can represent a case for damages if one of the above causes contributed to an untimely death, or  exacerbated personal injury losses.

Damages.

The award of money is meant to address general and special damages.  Special economic damages are related to present and future lost wages, medical bills, future medical care, household expenses and general non-economic damages include pain and suffering, mental anguish and loss of consortium, or companionship.  Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts, rather than to enrich the plaintiff. It is best to speak with an attorney about accident case specifics, based on proof that a defendant deliberately, or with reckless disregard acted in a manner that would cause harm.

Statute of limitations.

Louisiana states that personal injury lawsuits for losses must be filed within one year from when the injury was sustained, discovered or should have been discovered through reasonable care. An attorney can inform a claimant of any deviations from that timeline.

Seek legal counsel.

Legal representatives and certain family members can file a legal action for survivor’s benefits, with the assistance of a Louisiana accident attorney, who can also help with accidental death benefit claims under an insured’s policy to cover:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages that are intended to punish the person who caused the death.

 

Source.

https://legis.la.gov/legis/Law.aspx?d=110567

https://legis.la.gov/legis/Law.aspx?d=110515

https://www.iihs.org/topics/fatality-statistics/detail/state-by-state

http://www.legis.la.gov/legis/Law.aspx?d=109387

http://www.legis.la.gov/legis/Law.aspx?d=109371

 

 

 

 

 

 

 

 

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