Yes, you can sue for a car accident if you are not hurt. The responsible party in a car accident may owe you compensation for property damage. If your insurance company or their insurance company refuses to pay you for property damages, you may be able to pursue compensation from them in a lawsuit.
If another party is liable for your accident, you may be able to recover compensation in a personal injury lawsuit for injuries, property damages, lost wages, and pain and suffering. Psychological conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD) may also qualify as recoverable damages.
Understanding Car Accident Insurance Claims and Lawsuits
When a car accident happens, the person liable for the accident may be legally responsible for paying all damages to the victim. In most cases, the at-fault party will turn to their insurance company to pay the damages. If an insurance company unfairly denies you compensation, you can hire a car accident lawyer in Lafayette, LA.
Even if a victim was not physically hurt in the car accident, the at-fault party’s insurance company may be liable for all damages related to the wreck. These damages can include financial losses, emotional trauma, or other personal losses that the victim experiences.
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Damages in a Personal Injury Lawsuit with No Injuries
Even if you aren’t injured, the following damages may be recoverable in a personal injury lawsuit:
Even if you weren’t injured in the accident, you may still have bills associated with your wreck. These can include:
- Emergency care
- Doctor visits
- Lost income
- Psychiatric care
- Therapy bills
For example, even if you lose just one day of work due to the accident, you could lose income that may include wages or salary, tips, bonuses, and benefits. You may also end up seeking professional help for emotional distress like PTSD, insomnia, and nightmares.
Pain and Suffering
Emotional or mental trauma is common after a car accident. After all, you didn’t know you weren’t going to be injured or even killed while it was happening. After a wreck, you may 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 extreme emotional anguish that has value in a court of law.
If one driver causes another driver to crash, then the at-fault party’s insurance company may pay for damage to the vehicle. The crash may be a collision or a single-car crash in which one driver caused another driver to swerve off the road. Regardless of the circumstances, the responsible party’s auto insurance typically pays for property damages.
What Do I Do if I Get in a Car Accident without Injuries?
You may want to see a doctor after a car accident, even if you do not feel hurt. You may have injuries with delayed or subtle symptoms. A doctor can evaluate you and diagnose any injuries that may have occurred in the accident. During your exam, a medical record will be created that you will need for evidence if you file a legal claim.
Can You Sue for Emotional Distress After a Car Accident?
You can sue for emotional distress after a wreck, and in fact, many plaintiffs do. Compensation for emotional distress would fall under the umbrella of pain and suffering damages. Because this type of damage can’t be quantified by a dollar amount, the amount of your settlement may vary greatly from the results another uninjured accident victim may secure.
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Can You Claim for Anxiety After a Car Accident?
Anxiety and post-traumatic stress can persist for days, weeks, or even months after a car accident. In some cases, it can trigger an anxiety disorder that could persist for years without costly treatments from a therapist or a psychiatrist. If your post-accident anxiety results in bills, you can file a claim to be compensated for these expenses.
Do You Need a Personal Injury Lawyer if You Aren’t Injured?
A personal injury attorney focuses on clients who have been injured by another party’s negligence and who seek to recover damages related to their injuries. When you work with a lawyer on your case, they may be able to:
- Investigate the accident to uncover the facts
- Obtain evidence of fault and liability
- Calculate the value of all injury-related damages
- Negotiate a fair settlement with the insurance company
- Represent you on trial, if necessary
A lawyer can also handle the communications, paperwork, and legal deadlines of your case when they represent you.
Call Laborde Earles Injury Lawyers for a Free Consultation
If you were injured in a pedestrian accident in Lafayette or Alexandria, Laborde Earles Injury Lawyers may be able to represent you. We represent clients on a contingency-fee-basis with no advanced payments required.
Do not delay if you are considering legal action for your injuries. Per Louisiana Civil Code (CC) §3492, Louisiana imposes a general one-year statute of limitations, or legal time limit, on personal injury lawsuits.