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Houma Car Accident Claim Filing Process

Louisiana law requires that an attorney must not file a claim without justification. This is done to ensure that the attorney and the plaintiff have to gather all the evidence in the crash. The attorney is going to be looking at the crash report. If the at-fault party was given a traffic ticket, the attorney may look at the court proceedings to determine what happened with the traffic ticket. The lawyer may want to determine whether the at-fault party pled guilty to the traffic violation, found not guilty, or if the ticket was dismissed.

Photographs of the vehicles can be important to prove impact severity. The attorney may gather of all the medical evidence, whether it is emergency room records, or reports from treating physicians, all of the medical bills, and proof of lost earnings. Sometimes, an attorney can prove a lost wage claim with check stubs a lost wage claim or income tax returns in more serious cases. The attorney will gather all evidence of proof of injuries and damages as well as fault when filing a claim.

Get in touch with an accomplished car accident attorney to learn more about the Houma car accident claim filing process.

Level of Involvement

In a Houma car accident claim filing process, an attorney is going to obtain authorizations from a person in order to obtain information. An individual may direct the attorney to healthcare providers so that this information can be obtained. In regard to damages, an individual may be involved in advising the lawyer where they were working? How much they were making? What is the address of the employer to gather that information? In addition, they may go to their accountants or tax preparers to obtain tax returns to prove earnings loss on an annual basis.

An individual may need to go to a healthcare provider to obtain medical records from previous medical treatment as well as obtain information from previous injury claims.

A person may be advising the attorney how their injury affected them. They may also direct the attorney to before and after witnesses. These witnesses are individuals familiar with the injured victim who can talk about what the victim was like before the crash and what they are like after the crash. They may provide information about how the injury has affected them.

What is a Petition?

A petition names the individuals or companies who the injured party claims are at fault and who they are bringing the lawsuit against. A petition may name the victim the lawyer is representing, whether it is a man, a minor, or parents bringing a claim on behalf of their children.

An individual who brings a claim for a minor when the parents are not married is called a tutor. A person that brings a claim for somebody unable to handle their affairs or that is incompetent and interdicted is known as a curator. The lawyer must set forth what the defendant did wrong and itemize the damages of the plaintiff

Once the petition is filed in a Houma car accident claim filing process, the lawyer directs the clerk to send the petition to the Sheriff to effect service on the defendant, the insurer or foreign corporation. Corporations or limited liability companies that are authorized to do business in Louisiana may have an agent appointed to accept service. Insurance companies may be served on the Secretary of State for the State of Louisiana.

Recoverable Damages

Past medical expenses, pain suffering, mental pain and anguish, disability, impairment of enjoyment of living, loss of wages and impairment of earning capacity are damages an injured party may claim in the Houma car accident claim filing process. If the at-fault party has liability insurance, the lawyer may allege that the at-fault party was insured by the insurance company and make them a party defendant also. A Petition must also have a prayer for judgment whether it is by the Court or by a jury.