You can sue for a car accident in Louisiana even if you are not hurt. Under Louisiana law, even if the victim is not physically hurt in a car accident, they could still hold the liable party responsible for all wreck-related expenses. For example, you could seek compensation for property damage, emotional trauma, or other personal losses.
If the liable party’s insurance company refuses to accept your property damage claim or offers an unfair settlement, you can move forward with a lawsuit. A personal injury lawyer from our firm can help you file a claim and manage your case from start to finish, even if that means going to trial.
You Could File a Car Accident Claim for Property Damage
When a careless or reckless driver causes a collision, the at-fault party’s insurance company should pay for damage to the victim’s vehicle. The Louisiana Department of Insurance (LDI) requires all drivers to carry liability coverage for this reason, including at least $25,000 for property damage. This could cover repairs or the replacement value if the insurer deems the car totaled.
You may also have other damages to personal property, which could also be recoverable. For example, if a crash breaks your eyeglasses, smartphone, or laptop, you can pursue compensation for the replacement cost.
Other Recoverable Damages in a Louisiana Property Damage Case
Even if you did not suffer injuries, you may incur many car-accident-related expenses and losses. For example, even if you lose just one day of work because you don’t have transportation, you may miss out on:
- Wages
- Salary
- Tips
- Bonuses
- Commission
- Benefits
As a result, you could sue the at-fault driver for these damages. Alternatively, you may be able to recover the cost of obtaining a rental car or public transportation while you wait for your vehicle to be repaired or replaced.
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Can You Sue for Emotional Distress After a Car Accident?
Aside from property damage and related expenses, you could sue for emotional distress after a collision. For example, while they are not physical injuries, psychological conditions that a doctor can diagnose – such as anxiety, depression, and post-traumatic stress disorder (PTSD) – may also qualify as recoverable damages.
Emotional and psychological trauma are 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.
According to a piece in Professional Psychology: Research and Practice, 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.
Claiming Pain and Suffering Damages
Even if you weren’t physically injured, you may have experienced emotional anguish that has value in a Louisiana court of law. Compensation for emotional distress falls under the umbrella of pain and suffering damages.
Pain and suffering is a general legal term that refers to how a victim suffered physically and emotionally after the accident. 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. A car accident attorney from our firm can calculate pain and suffering damages and seek compensation for them in Lafayette.
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Do You Need a Personal Injury Lawyer If You Were Not Hurt in a Lafayette Crash?
Many car accident victims seek a lawsuit to recover compensation for their injuries and related expenses. However, a personal injury attorney can represent any victim who was harmed by another party’s negligence. This can include financial and psychological harm, as well as physical injuries.
A lack of injuries does not necessarily make recovering damages easier. The liable party’s insurer may still try to deny your claim or offer less than your property damages are worth – and that’s where legal representation can become most valuable. When you work with our lawyer on your car accident case, they will:
- Investigate the accident to uncover the facts of what happened
- Obtain evidence to prove the other driver’s fault and liability
- Calculate the value of your related damages
- Negotiate for a fair settlement with the insurance company
- Evaluate any settlement offers you receive
- Represent you at trial, if necessary
Our firm will also handle the communications, paperwork, and legal deadlines in your case when we represent you. Having this level of support can greatly reduce your stress. Our attorneys will put in the time, resources, and financial commitment it takes to navigate this process so that you don’t have to.
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Navigating the Legal Process After a Car Accident in Lafayette
Under Louisiana law, when another driver causes a traffic accident, the victims can seek compensation through an insurance claim or personal injury lawsuit. In most cases, the at-fault party’s insurance company will pay these damages through a settlement – other times, a case must go all the way to trial and receive a jury verdict.
If you want help negotiating with the insurance company, or it unfairly denies your claim, you can hire a car accident lawyer in Lafayette, LA. Our firm knows what it takes to build a compelling compensation case and prove that:
- The driver you are suing owed you a certain amount of care;
- They drove in an unsafe or illegal manner;
- Their actions led to a collision; and
- You suffered physical, financial, or emotional damages from the accident.
You Generally Have One Year to File an Injury Case in Louisiana
If you are considering taking legal action for your crash, we advise you to act quickly. Per CC Art. 3492, there is a general one-year statute of limitations, or legal time limit, on personal injury lawsuits in Louisiana. We can get started right after your free case evaluation.
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Car Accident Injuries May Not Be Apparent at the Scene
In some cases, car accident victims suffer injuries with delayed or subtle symptoms. Depending on the circumstances, these can be serious, including injuries to the brain, neck, back, or internal organs. Even if you do not experience pain or receive treatment at the scene, you could still seek medical attention in the hours or days after the collision. A doctor can evaluate you to identify and treat any injuries you have.
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. These records can prove your injuries and medical expenses when you seek compensation.
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 you did suffer. The damages you incur as a result could all be recoverable, including the cost of:
- Ambulance transportation
- Emergency department care
- Doctor’s appointment or other evaluations
- Lost income from time away from work during your recovery period
- Physical therapy and pain maintenance
When you hire our attorneys, we will fight for your recovery of these and other damages you incurred.
Call Laborde Earles Injury Lawyers for a Free Consultation
Even if you were not hurt, you can sue for a car accident to recover damages from the driver who caused it. If you suffered losses from a traffic accident in Lafayette or another area in Louisiana, Laborde Earles Injury Lawyers could 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 and discuss your case now for free.
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