In this article, you will discover:
- What types of personal injury claims you can file after a truck accident in Louisiana.
- What information your personal injury lawyer needs to get started on your case.
- How to determine if your Louisiana truck accident case falls under federal jurisdiction.
Who Do I File A Personal Claim Against After Being Hit By A Semi-Truck In Louisiana And Suffering Severe Injuries?
When pursuing personal injury claims arising from commercial vehicle accidents, there are several approaches to consider:
- Filing a Lawsuit Against the Truck Driver
- Filing a Lawsuit Against the Employing Company
- Filing a Lawsuit Against the Company’s Insurance Carrier
- Filing Lawsuits Against Multiple Parties
Each approach has its own pros and cons, and the most suitable course of action will depend on the specific circumstances of the accident. An experienced personal injury attorney can provide invaluable guidance in determining the best strategy for pursuing your claim.
What Is The Statute Of Limitation In Filing A Trucking Accident Personal Injury Claim In Louisiana?
In Louisiana, the legal system follows the Napoleonic Code, which is based on civil law principles rather than common law. While Louisiana does not have a statute of limitations in the traditional sense, it does have what is known as “prescription” or “prescriptive period.” This operates similarly to a statute of limitations in other jurisdictions.
In Louisiana, individuals typically have one year from the date of the accident to file a lawsuit seeking damages for personal injuries resulting from the accident. It’s important to adhere to this timeframe, as failing to file within the prescribed period may result in the loss of your right to pursue legal action.
When Someone Has Been Injured In A Trucking Accident, What Information Does A Personal Injury Lawyer Need To Represent Their Case?
If you’ve been injured in a trucking accident, you’ll need to gather some essential information before meeting with your attorney. Providing your medical records is a great starting point. Also, if the police investigated the accident, the police report is often critical.
A good attorney will also ask for the names of witnesses and will want to talk to those witnesses as soon as possible. In addition, an attorney may want to go to the accident scene to better understand the dynamics of the accident and search for evidence.
Keep in mind, however, these initial steps just lay the groundwork for your personal injury claim. As you continue the case, you’ll work with an attorney to determine the best course of action for pursuing your case and obtaining the compensation you deserve. Continued communication with your attorney is key to navigating the complexities of the legal process effectively.
What Damages Might I Be Able To Recover From My Severe Trucking Accident Injury Case In Louisiana?
There are two different types of damages you’d be able to recover: special damages and general damages.
Special damages can include things like:
- Medical costs;
- Prescription costs;
- Any fixed amount of expenses associated with your medical treatment and injuries resulting from the accident;
- And more…
General damages can include things like:
- Pain and suffering ;
- Mental and emotional distress you’ve suffered;
- And more…
It’s important to note that general damages are less tangible and not directly tied to specific financial expenses, unlike special damages. Instead, they aim to compensate for the broader impact of the accident on your life and well-being. Working with an experienced attorney can help ensure that all relevant categories of damages are properly evaluated and pursued in your auto accident case.
Where Do Most Trucking Accidents Occur In Louisiana?
Many traffic accidents occur at intersections, particularly when traffic lights are involved. This commonly happens when a driver attempts to rush through an intersection before the light turns red.
When the light turns yellow and is about to transition to red, some drivers may speed up to try to make it through the intersection. This can lead to “T-bone” accidents, where one vehicle collides with the side of another as it crosses into the intersection.
Similarly, on the interstate in New Orleans, inattentiveness often contributes to rear-end collisions. This occurs when drivers fail to pay attention to the flow of traffic ahead, especially when traffic is backed up.
If The Trucking Company Responsible For The Accident That Caused My Injuries Is Based In Another State, Does That Impact My Personal Injury Case?
If your personal injury case involves damages exceeding $75,000 and the trucking company is located in a different state, you’ll need to file your case in federal court due to diversity requirements. This requirement is outlined in 28 U.S.C. § 1332, which stipulates that civil suits with damages exceeding $75,000 and diversity of citizenship fall under the jurisdiction of federal courts.
Does It Make Sense To File A Personal Injury Lawsuit Against The Driver Of The Semi-Truck As Well?
It’s important to note that in a truck accident case, you have the option to file against multiple parties. It’s common to file against the truck driver, as well as the trucking company. This ensures case cohesion and allows you to address all potential sources of liability. In many cases, suing both the trucking company and the driver helps to establish a comprehensive legal strategy.
For more information on Trucking Accident Personal Injury Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 527-8767 today.
