WHAT SHOULD I DO IN THE EVENT OF AN AUTO ACCIDENT?

FIRST STEPS TO FOLLOW IN THE EVENT OF AN AUTO ACCIDENT:
Immediately after an automobile accident certain basic information should be obtained. Be as complete and thorough as possible. Get the name, address, and telephone number of the operators of all other vehicles involved in the accident. Record the name of their automobile liability insurance company. If possible, try to get their driver’s license number and their automobile liability insurance policy number. Also note the names, addresses, and telephone numbers of the passengers in all vehicles involved. Do the same for all persons who claim to have witnessed the accident. Note whether any drivers appeared to be under the influence of alcohol or other chemical substances.

If anyone involved in the accident stated that they were injured or if anyone required emergency medical services, get their name, address and telephone number, if possible. Make a notation of what injuries were suffered or what was claimed to have been injured.

Note the time of day, the direction of travel of all vehicles prior to the accident as well as the final location of the vehicles after the accident. Record the name of the investigating law enforcement officer as well as the name of the investigating law enforcement agency such as local sheriff’s department, State Police, or local police department. Get the investigating officer’s badge number if possible. Record the weather conditions existing at the time of the accident. Note whether any driver of a vehicle involved in the accident claims that his vehicle suffered from a mechanical defect at the time of the accident. Also note any defects in the highway that may have played a part in the accident. Be sure to note the areas of all vehicles that suffered damage.

This information should be written down as soon as possible after the accident. Accurate and detailed information can make the difference in the outcome of your case. Act promptly to write down all information and put in a safe place for future reference.

WHO DO I CONTACT AFTER AN AUTO ACCIDENT?
Insurance company - Most insurance companies require their insureds to report any auto accident. The insurance company will want to gather all of the basic information concerning the accident for their records. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. You may want to contact an attorney before you give the insurance company permission to record your conversation. Bear in mind that failure to provide information to your insurance company could result in loss of coverage for the accident. Do not under any circumstances, give a statement to anyone other than your insurance company or law enforcement personnel.

WHAT COMPENSATION IS AN ACCIDENT VICTIM ENTITLED TO IN LOUISIANA?
It is a sad fact of modern life that many people are injured or killed in automobile accidents each year. Life becomes very much more stressful for an accident victim depending on the severity of injuries, amount of property damage and whether the victim's physical impairment of bodily function causes the accident victim to become disabled from performing their job duties.

An injured person may require extensive medical treatment, including surgery, and may need physical therapy and rehabilitation services. Frequently, an accident victim will be unable to return to work. This inability to return to work may be only temporary or it may be permanent, depending on the severity of the victim's injuries. The person at fault and responsible for causing the accident is called the "tortfeasor". An accident victim is entitled to recover from the person responsible for the accident all of the damages the victim has suffered as a result of the fault of the tortfeasor. "Special damages" are damages that are able to be expressed in finite terms. Special damages include, but are not necessarily limited to, medical expenses related to injuries suffered in the accident, both past and future. Lost wages or reduced future earning capacity would also be special damages. "General damages" are those damages that can not be calculated with specificity, such as mental anguish and distress, pain and suffering, loss of enjoyment of life and so on. An accident victim may recover for both general and special damages.

In Louisiana, the victim may file a civil suit for damages for personal injuries suffered in an automobile accident. The victim who files the civil suit is called the "plaintiff". The plaintiff bears the burden of proving his case both as to liability (fault) of the defendant and damages. The plaintiff must prove his or her case by a "preponderance" of the evidence. That is a lesser burden of proof than in a criminal case. In a civil case the plaintiff need only prove that his allegations are probably correct. In a criminal case the prosecution must prove its case "beyond a reasonable doubt". The burden of proof in a civil case, although less than in a criminal case, can be a formidable task for the attorney representing the seriously injured accident victim.

If you are the involved in an automobile accident in Louisiana, and have suffered serious personal injuries, you should immediately seek the advice of an experienced personal injury attorney. At the Law Offices Of Edward A. Shamis, Jr., J.D., P.C., we have represented seriously injured automobile accident victims since 1974. We have the experience necessary to help an accident victim to obtain fair compensation for the injuries and damages they have suffered.

"DON'T SETTLE FOR LESS THAN YOU DESERVE". Give us a call to discuss your case or to schedule a free consultation concerning your personal injury case.