What are factors that determine whether an injury lawsuit will be successful in Monticello?

car accident

Monticello, LA – Almost anyone involved in a motor vehicle accident in Louisiana can attempt to bring a lawsuit against the driver responsible. However, it is always best for anyone who is considering legal action to get specific advice from a local lawyer. This can prevent problems and disappointments later, especially if there is little evidence to prove that the defendant was responsible. There are some factors that should be reviewed before any lawsuit is formally filed.  

The quantity and quality of evidence available

Any plaintiff in a lawsuit has a better chance of winning when there is significant evidence to support their arguments and narrative. In accident lawsuits, this is usually related to things like pictures, videos, vehicle damage, witness testimony, or police reports that clearly demonstrate the fault of the defendant driver. If there is a lack of evidence showing that the defendant is the one who was negligent and should pay for the damages, then a lawsuit may be difficult. 

Comparative negligence rules

Louisiana uses a system of negligence where fault can be divided between every party involved. The plaintiff’s level of fault can reduce their damages significantly if a jury finds that they are partially or mostly responsible for their own injuries. The likely percentage of fault can be a crucial factor in determining whether it is advisable to follow through with the lawsuit or not. 

Balancing the time and money investment versus compensation

All cases will require an investment of time from the victim, their attorney, and anyone else assisting with the case. In situations where the accident damage was severe and the potential payout to the victim is large, this investment is much more worthwhile than in situations where there may not be much compensation available. There should always be a discussion about the possibility of compensation weighed against the practicalities of the lawsuit. 

The person or business named as a defendant

Most drivers or businesses have some kind of liability insurance on their vehicles. Their policy will pay out several thousand dollars worth of damage if necessary, although there are usually policy limits that become a factor. The victim and their attorney should discuss who is being sued, whether they will be able to pay the damages, and the practicalities of a lawsuit against the person or business based on the potential compensation available. 

The process to receive compensation with the help of a lawyer

There are attorneys in Monticello who help local clients with their accident lawsuits and the process to receive compensation. Miller, Hampton, and Hilgendorf is a firm that has extensive experience with all matters related to car accidents and injury cases. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806