Did you know that Louisiana is one of the few states (and the first) to have a direct action statute for car accidents and other tort actions? Direct action means that an injured party can directly name the insurance company of the tortfeasor (wrongdoer) as the defendant in a personal injury lawsuit.

This is an important factor. The main advantage of being in a direct action state is that the plaintiff no longer has to sue the insured (who was the actual wrongdoer) first and then going through the process of claiming from the insurance company if the lawsuit is successful. In effect, the plaintiff can eliminate that extra step.

Another advantage is that if the plaintiff can prove that the tortfeasor has the right liability insurance coverage, the judge or the jury is more likely to award larger damages. They are typically more likely to do this if they know that an insurance company rather than the insured will be paying it. If the defendant is an individual with no insurance, juries are more likely to be sympathetic and reluctant to pass down a large award.

Louisiana is the first state to have a direct action statute. It has been in place since 1918, and it is based on the rationale that insurance coverage for car accidents is for the protection of the public, and not for the insured. It is therefore logical for an injured party to make a claim directly to the insured’s carrier. However, the plaintiff still has to prove that the insured acted negligently and that it is the proximate cause of serious injury or death.

As pointed out on the website of Ali Mokarram, proving negligence in a car accident is not going to be easy. With a one-year statute of limitations, and the added complication of the time restrictions that may exist in the insurance policy, it is crucial that the plaintiff files a lawsuit as soon as possible after an accident.

If you sustained serious injuries in a negligent car accident in Lake Charles or any other part of Louisiana, you need to act quickly. Consult with a car accident lawyer in your area as soon as possible.


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