18 Wheeler Accident Lawsuit - What Victims Can Expect
- Gaynell Williams, LLC.
- Mar 4, 2022
- 4 min read
18-Wheeler Truck Accidents can get really dangerous and fatal, resulting in life-long injuries and even death.
In case of severe damages, the injured individual is allowed to pursue compensation for losses and damages incurred by the liable party.
In cases of death, however, Louisiana's law allows the deceased's immediate family members (spouse, children, siblings, parents, and grandparents) to receive compensations for the death of their loved one.
But there is much more to 18-wheeler truck accidents than just compensations. There are key questions that we need to answer, including how to get compensated and losses that can be claims in 18-wheeler truck accidents.
As a result, let's go on to discussing some key questions about the matter in light of Louisiana law. The Statute Of Limitations On 18-Wheeler Accidents in Louisiana
Injuries or death resulting from truck accidents should be reported within 1 year from the date of damage or injury. So, file your case within one year of the incident if you want to make sure that the court hears your case. Contact a lawyer as soon as you can and get legal help.
Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.
How To Get Compensated In An 18-Wheeler Accident?
As per Louisiana's law, injured individuals have the right to persistently seek compensation for the damages and injuries. In cases of the actual cause, it is easy to identify the person responsible for damages. However, cases of proximate cause can get difficult since options of who to include in your lawsuit are narrow.
However, after the case is filed and all of the relevant details of the crash are known, there is a good probability of settlement discussions. However, if no settlement is made, the case will proceed to trial.
Who To Include In Your Lawsuit?
It all begins with determining the primary cause of the accident. If there are not numerous subjects/ individuals involved in between, then it is easy to determine the actual cause.
Once the liable parties are correctly identified, we move to the next step and prove how their actions or inactions (negligence) has led to the damages and injuries.
Ultimately, there are four main factors that should be proven in order to successfully get compensated for the damages.
The responsible party or defendant had a legal duty of care.
The defendant has breached their duty by acting recklessly.
Injuries incurred to you or your loved one's was caused by the liable party's actions or inactions.
You have suffered losses and injuries as a direct result of the damages caused to you or your loved ones.
Fatal 18-Wheeler Truck Accidents & Filing A Wrongful Death Claim
18-wheeler accidents can be fatal, resulting in the death of a loved one. If you have been a part of it and just lost a loved one, you may be able to bring a wrongful death claim against the responsible entity/party/cause for the damages that they have incurred.
Louisiana Civil Code (CC) §2315.2 suggests that the deceased's surviving relative or relatives can claim a wrongful death. It clearly states in Section A that the surviving spouse, children, parents, siblings, and even grandparents can bring a wrongful death claim to recover the damages incurred to the deceased.
For further guidance on the subject, call us today.
Losses That Can Be Claimed In An 18-Wheeler Accident Lawsuit
Current and future medical bills of your injuries.
Income lost due to injuries.
Reduced capacity to earn due to injuries.
Damage to the property.
Non-tangible, Non-economic losses incurred due to the injury.
Common Injuries Incurred In 18-Wheeler Truck Accidents
Dismemberment.
Broken Hand/Hands.
Dislocation or broken shoulders.
Life-threatening cuts.
Whiplash.
Back injuries.
Traumatic brain injuries.
Nerve damage.
Conclusion
There are serious damages, injuries, and even deaths that can result from 18-wheeler trucks accidents.
But, truck accidents can get just as complicated as much as they are dangerous. This is why one should know all the important details that play a crucial role in filing such cases.
For example, who to include in your lawsuit and how to get compensated. This is why hiring an attorney is an efficient use of time and resources.
Since an attorney has practical knowledge of such cases through experience, they can help you fight back legally and get compensated for your losses.
Contact Us Today
Gaynell Williams LLC, Attorney at Law offers a free initial consultation to discuss your case. The first consultation can be in person or it can be virtual, on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law have offices in Gretna and Downtown New Orleans by appointment only.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.
© 2022 Gaynell Williams
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