Lake Charles Car Accident Lawyer

Lake Charles Car Accident Attorney

Skilled Help For Motor Vehicle Accident Victims In Louisiana

After you have been involved in a car accident that has resulted in an injury, it is important to speak with a Lake Charles car accident lawyer about your rights. A detailed investigation and a thorough understanding of the medical issues involved are essential to a successful outcome in a car accident case. It is also necessary to identify sources of compensation such as the insurance policy of an at-fault driver.

Legal Assistance From A Lawyer Who Is A Former Doctor

At the law firm of Lee M. Schwalben, M.D., J.D., LLC, we represent clients with personal injury claims, including car crashes and truck accidents that have occurred in Lake Charles, Louisiana, and the surrounding areas. Attorney Lee M. Schwalben, M.D., J.D., LLC uses his medical and legal knowledge to help you obtain the best possible result from accident that have resulted in:

• Broken bones: If you are hit from the side, your limbs might be thrown into an unnatural position, causing them to sprain or break.
• Neck and back injuries: In many cases, a car accident can cause “whiplash,” which involves injuries to muscles and soft tissue in the neck and upper back.
• Amputations: A limb can either be amputated at the scene of the accident or required to be amputated in the emergency room. Do not attempt to move an injured person during a car accident without medical staff present because it puts the victim at a greater risk of further damage to their limbs.
• Burn injuries and disfigurement: Burns as a result of car accidents can be serious. They can be caused either by the vehicle catching on fire or by chemicals that contact the skin as a result of the collision. Treatment for burns is different depending on the severity and location of the burns.
• Spinal cord injuries: Many lower back injuries after a collision can result in spinal damage due to the large amount of force the spine is subjected to. Injuries can include things like a slipped disk to semi or complete paralysis.
• Traumatic head injuries: Many head injuries that occur as a result of an accident can be concussions or traumatic brain injuries. Some head injuries can result in minor scrapes or bruising, but the impact of a severe head injury can have long-lasting adverse effects.
• Other catastrophic injuries
• Chest injuries: Common types of injuries often involve the chest region. These injuries can result from the impact of colliding with the steering wheel or severe bruising from a seatbelt. Some types of injuries do not appear serious for several hours, days, or weeks after an accident, which is why it’s important to go to a healthcare provider for a medical exam, even if you do not appear to be severely injured.
• Wrongful death: While not every fatal car accident warrants a wrongful death claim, it might if the death was caused by another driver’s actions.

What Do I Do After Getting Into a Car Accident?

One of the most important things to remember after getting into a car accident is to stay at the scene, if it is medically possible, to avoid your accident being considered a hit and run. If anyone in the car is injured, call 911.

Do not move any injured people. Instead, wait for medical personnel to arrive. Moving someone who’s injured without medical training can make the injuries worse. Instead, make sure the vehicle is as far from traffic as possible.

If there are no injuries, but there is property damage, it is still a good idea to call the local police instead of emergency services, especially if you are out of the way of traffic. There are police report requirements for certain levels of property damage, but assessing how much in damages was caused by the accident can be difficult to determine at the moment. Make sure a police report is created for your accident.

Gathering Evidence of the Accident

The next step is to gather as much evidence from the scene as possible. This includes things like the information of the vehicle driver (and owner if they are two separate people). Record their name, contact information, and insurance information. If there were any other witnesses who saw the accident occur, take their contact information as well in case the insurance company wants to contact them in the future.

In addition to written evidence, gather visual evidence as well, including all available details about the cars and their conditions. Document their make and model, year, license plate number, and the amount of damage each car incurred and where. You can also document the surrounding area of the accident and any other pertinent information, like property damage, road signs around the scene, and potential buildings with video cameras that may have footage of the accident.

Avoid Admitting Liability

Car accidents often occur quickly, especially for those involved. This means that you might think you were at fault at the time, but you might not yet have all the relevant details of the case to determine liability. It’s important not to admit fault to the other driver or anyone else at the scene of the accident because that admission could be used against you in the future.

Sometimes, other drivers try to negotiate to prevent insurance companies from getting involved, but this rarely works out in the victim’s favor. If you have serious injuries, an insurance policy can help recover medical expenses that are important to your recovery. Negotiations that avoid notifying the police could be illegal, depending on the accident and damages sustained.

Further Documentation

Even if you think your injuries are quite minor, it is a good idea to receive an evaluation from your doctor or from an urgent care clinic soon after a car accident. The benefits of doing so are twofold: first, you have medical evidence of the injuries the accident caused you, and second, you might uncover a serious injury that has the potential to worsen over time. Addressing injuries before they become serious can result in less recovery time and fewer medical costs.

Finally, it can be helpful to create a written account of the accident from your point of view. If possible, document as much of the accident as you can remember, including how fast you were going, when and where the accident happened, and what you and the other driver did during the accident. This can help you maintain consistency as time passes and the memory of the accident fades.

The more evidence you have for your car accident claim, the more compensation you might be able to recover with the help of a car accident attorney.

The Car Accident Claim Timeline

Once you have left the scene of the accident and received a medical evaluation, it’s time to contact a personal injury attorney to determine your next steps. There are many different routes you can take after an accident, each of which can result in different outcomes, depending on your case. Every claim is different, but there is a general order that car accident claims often follow:

1. Filing an Insurance Claim: Since Louisiana is an at-fault state, you might contact the other driver’s insurance company to see if you can recover damages. This process can require many different forms and can involve physical conversions or formal letters outlining damage requests.
2. Negotiations: Insurance companies will most likely refuse your initial offer and attempt to offer a smaller amount to save the company money. This can be stressful for a victim of a car accident to deal with, especially while recovering from their own injuries at the same time. An attorney can help negotiate with insurance companies to receive a more favorable offer.
3. Settlement or Trial: If all parties reach an agreement, a formal settlement document will be signed. If no one can agree on a settlement, then the victim can file a personal injury claim in court. In many cases, negotiations will persist while a case is filed. Most cases are settled before they reach the courtroom, but filing a claim is an important step to let the insurance company know you’re taking legal action.

Most cases involve some kind of settlement, but an attorney can still improve your odds of success without having to go to court. They understand the common tactics insurance companies use to prevent large payouts, and they will fight to recover as much in damages as possible for your claim.

The Importance Of Seeking Help Quickly

It only takes the briefest of moments for a vehicle to get out of control and for an accident to happen on the road. For those harmed in a car accident, however, the pain, suffering and financial issues associated with it can have a lifelong impact. It is important to pursue this type of claim immediately after the accident happens so that important evidence is not lost.

Lee M. Schwalben, M.D., J.D., LLC will examine the vehicles involved in the crash, investigate the scene of the collision, interview eyewitnesses and gather other evidence immediately following the accident.

Can I Still Recover Damages if I’m at Fault?

Some people are hesitant to file a claim, especially if they believe they were at fault for the accident. However, in some cases, they might still be entitled to damages. Louisiana operates under comparative negligence. This means that you can still earn a percentage of damages, depending on the percentage of fault you are determined to share. The at-fault ratio is more helpful in cases that go to court, but it can still be used by an insurance company to award damages.

For example, if you were found to be 50% at fault for an accident, you might still be able to recover 50% of the damages determined to be appropriate for your case. The exact amount of damages you might be able to recover is determined on a case-by-case basis and can be evaluated in greater detail by an attorney.

Why Do I Need a Traffic Accident Attorney?

After making an initial claim with your or the other driver’s insurance company, it might seem like the process is finished. However, insurance companies often lowball car accident claims, hoping you will take the first offer to save the company money. To help with your recovery, an attorney can do things like:

• Gather Evidence: An attorney can collect evidence you might not have gathered, like surveillance footage and medical records. This evidence can help them prove your injuries and the other party’s fault.
• Working With Insurance Companies: Insurance providers are notoriously hard to work with. They can be evasive and not offer coherent explanations for their decisions. An attorney can help promote your case for a quick response and update you with detailed communication to explain what’s going on.
• Representation: If your case cannot be settled before trial, working with a personal injury lawyer is a good idea to help convince the jury that you are deserving of the damages you are asking for.

Recovering from a car accident can take a long time, especially if your injuries are severe. Working with an attorney can help you recover without worrying about stressful calls from insurance companies or the other party’s legal team. They can also calculate what types of damages you might be able to recover.

Free Attorney Consultation ~ Compassionate Representation

To schedule a free consultation with a lawyer who is a former doctor and has also practiced medicine, call the Louisiana firm of Lee M. Schwalben, M.D., J.D., LLC, in Lake Charles at 337-494-5757. You may also complete a brief online form.

FAQs

Is Louisiana a No-Fault State?

Louisiana is not a no-fault state but rather an at-fault state for car accidents. This means that the expenses associated with a car accident are paid out by the at-fault driver’s insurance company. In some cases, an insurance company might be hesitant to pay damages for an injured driver or only be willing to pay an amount that does not cover important expenses. In this case, hiring an attorney can be effective in negotiating a higher settlement or filing a court case.

What Happens When a Car Accident Claim Exceeds Insurance Limits in Lake Charles?

In Lake Charles, the insurance minimums for a car accident are quite low. This means that a car accident can greatly exceed car insurance minimums. There are alternative options to receive compensation in these cases, including uninsured or underinsured coverage that you might pay for in your car insurance policy. You might be able to file a personal injury claim in court for additional compensation in certain circumstances.

Can I Lose My House Due to an At-Fault Car Accident in Lake Charles?

In certain circumstances, it is possible to forfeit a house due to an at-fault car accident in Lake Charles. One way to avoid this is to purchase an umbrella policy from your car insurance company to cover the difference between a judgment and what an insurance company pays out. There are also certain exemptions to personal property in Louisiana, but these usually only apply on a case-by-case basis.

What Is a Statute of Limitations on a Car Accident?

The statute of limitations on a car accident is the amount of time that victims have to file a claim after their accident occurs. This time limit has some limited exceptions, including when minors are involved, but most people must adhere to the statute. Since Louisiana has such strict time limits surrounding personal injury claims, working with an attorney is important to make sure your case is filed on time.

Offering Long-Term Support

Car accidents can happen in under a minute, but the subsequent logistical challenges can sometimes take months or even years to resolve. An attorney can help you while you focus on recovering from your injuries and adjusting to significant life changes.

For more information on what your car accident claim might be worth and how to recover those damages, schedule a consultation with Lee M. Schwalben, M.D., J.D., LLC.