Yes, you can sue for a car accident in Louisiana even if you are not hurt. The responsible party in a car accident may owe you compensation for property damage and other expenses.
If their insurance company refuses to pay you for property damages, you may be able to recover this compensation from them in a lawsuit. A personal injury lawyer from our firm can help you file your claim and manage your case. We will also represent you in a car accident lawsuit if necessary.
Understanding Car Accident Insurance Claims and Lawsuits
Under Louisiana law, when another driver causes a Lafayette traffic accident, the victims can seek compensation through an insurance claim or car collision lawsuit. This includes money for:
- Property damages
- Lost wages
- Pain and suffering
- Other costs or losses incurred
When a car accident happens, the party legally liable for the accident is responsible for paying all damages to the victim. In most cases, the at-fault party’s insurance company will pay these damages. If you want help dealing with the insurance company, or they unfairly deny you compensation, you can hire a car accident lawyer in Lafayette, LA.
Even if a victim was not physically hurt in the car accident, they may be liable for all expenses related to the wreck. These damages can include financial losses, emotional trauma, or other personal losses that the victim experiences.
For example, while not physical injuries, psychological conditions diagnosed by a doctor such as anxiety, depression, and post-traumatic stress disorder (PTSD) may also qualify for recoverable damages.
Recoverable Damages in a Property Damage Accident in Louisiana
Even if you did not suffer injuries, you may have numerous expenses and losses related to your car accident. You can seek a financial recovery to compensate you for damages, including:
Medical Evaluation and Related Losses
We highly recommend all car accident victims receive a medical evaluation following a crash. This will rule out any serious injuries and allow you to get treatment for any contusions or lacerations. You can seek recovery for your related expenses, such as:
- Ambulance transportation
- Emergency department care
- A doctor appointment or other evaluation
- Lost income from time away from work
- Psychiatric care and therapy bills, as needed
For example, even if you lose just one day of work to see a doctor, you may miss out on:
Pain and Suffering
Emotional or psychological trauma is common after a car accident. After a crash, it is not unusual to go through periods of anxiety or depression that can interfere with your quality of life.
Pain and suffering is a general legal term that refers to how a victim suffered physically and emotionally after the accident. Even if you weren’t physically injured, you may have experienced emotional anguish that has value in a court of law. An attorney may be able to help you value this suffering and seek compensation.
When one driver causes another driver to crash, the at-fault party’s insurance company should pay for damage to the victim’s vehicle. This could be repairs or replacement, if the car cannot feasibly undergo repairs and the insurer totals it.
You may also have other damages to personal property, and these are recoverable. For example, if your eyeglasses, smartphone, or laptop get broken in the crash, you can pursue compensation for the replacement cost.
What do I Do If I am in a Car Accident but do Not Believe I Have Injuries?
You should see a doctor after a car accident even if you do not feel hurt. You may have injuries with delayed or subtle symptoms. Some of these can be serious, including traumatic brain injuries, internal injuries, and back or neck injuries. A doctor can evaluate you and diagnose any injuries that occurred in the accident.
During your exam, the doctor will create an entry in your medical record that you can use as evidence if you file a claim. You should also save a copy of your bill and other documentation of the visit and related treatment and the time you had to take off work. This will help to document your damages.
Can You Sue for Emotional Distress After a Car Accident?
You can sue for emotional distress after a collision. Many plaintiffs do. Compensation for emotional distress falls under the umbrella of pain and suffering damages. Because the insurance company cannot quantify this type of damages with an exact dollar amount, you will likely want an attorney on your side to fight for your financial recovery of intangible losses.
According to the American Academy of Family Physicians, anxiety and post-traumatic stress can persist for days, weeks, or even months after a car accident. In some cases, accident victims require costly visits with a therapist or a psychiatrist. If your post-accident anxiety results in bills, you can file a claim for these medical expenses, as well.
Do You Need a Personal Injury Lawyer if You Were Not Hurt in a Lafayette Crash?
A personal injury attorney generally focuses on clients who suffered injuries due to another party’s negligence and who seek to recover damages related to their injuries. However, they can also represent any victim who sustained harm as a result of an accident. This can include financial and psychological harm, as well as physical injuries.
When you work with a lawyer from our firm on your car accident claim, they may be able to:
- Investigate the accident to uncover the facts of what happened
- Obtain evidence of fault and liability
- Calculate the value of all related damages
- Negotiate a fair settlement with the insurance company
- Represent you at trial, if necessary
A lawyer can also handle the communications, paperwork, and legal deadlines of your case when they represent you. This can greatly reduce your stress and the time dedication it takes to navigate this process.
Do not delay if you are considering legal action for your crash. Per CC Art. 3492, there is a general one-year statute of limitations, or legal time limit, on personal injury lawsuits.
Call Laborde Earles Injury Lawyers for a Free Consultation
If you suffered losses in a traffic accident in Lafayette or another area in Louisiana, Laborde Earles Injury Lawyers may be able to help you seek compensation. We represent clients on a contingency fee basis with no advanced payments required.
Call (337) 777-7777 to reach a team member to discuss your case now.