What Damages Can You Demand in Your Louisiana Car Accident Lawsuit?

While a car accident may last no more than a few seconds, the financial, physical, and emotional impact can last a lifetime. It is not something you should ever have to handle on your own. You should not have to shoulder the financial burden if someone else was at fault.

A Louisiana car accident lawyer can help you get fair compensation from the one responsible. Our law firm will negotiate for a settlement with the driver’s insurance company. If your claim is denied or you aren’t offered the compensation you deserve, we are ready to file a lawsuit.

You can call our office and set up your free, initial consultation at any time.

Your Louisiana Car Accident Lawyer Needs to Prove Fault

Before you can collect anything, your Louisiana car accident lawyer must prove fault. To do this, they’ll need to demonstrate negligence. This is the same as it is for any personal injury lawsuit. Once they prove fault, then they can move on to proving your damages.

You May Be Entitled to Compensation for Medical Bills

If you didn’t cause the accident, then you shouldn’t have to pay any out-of-pocket medical bills. The defendant should pay them. And, if you do have to pay for things like co-pays, you can demand that you be reimbursed for these monies. Your Louisiana car accident lawyer will go through your medical records and explanation of benefits forms thoroughly. You want to make sure you demand enough money to cover all your medical expenses.

You’re Entitled to Recover the Costs to Repair or Replace Your Vehicle

Obviously, if your car was damaged during the crash, you are entitled to the cost of repairs. If your car has been deemed totaled by the insurance company, then you can demand compensation equal to the replacement cost. Just keep in mind – if your insurance company already paid to have your car fixed, you won’t be compensated for it again. These monies will go to the third party who covered your expenses.

You’re Not Automatically Entitled to Pain and Suffering

A lot of people assume that they’re entitled to pain and suffering simply because they were involved in an accident. This isn’t true. In order to collect pain and suffering, your Louisiana car accident lawyer has to show that you are in pain. These damages are intended to compensate you for any mental or physical anguish caused by the accident.

You could have your doctor testify to the severity of your injuries. Your family and friends can testify about how much pain you’ve been in. If your Louisiana car accident lawyer can prove pain and suffering, it could make up a lion’s share of your claim.

If the Crash Involved Drunk Driving, You May Be Entitled to Punitive Damages

It’s very rare that the courts will issue punitive damages in a car accident case. Unless your Louisiana car accident lawyer can prove that the defendant acted recklessly, it will be very difficult to get punitive damages. If, however, your injuries were the result of a drunk driving accident, then your attorney can certainly push for punitive damages. When somebody takes it upon themselves to drive drunk, they should suffer the consequences.

The courts in Louisiana will typically only award punitive damages in the following situations:

  • The defendant acted intentionally or willfully
  • The other driver has a history of drunk driving crashes
  • Your Louisiana car accident lawyer can prove the defendant acted recklessly
  • The crash was the result of a high-speed chase with the police

If any of these apply to your case, then there’s a good chance you’ll be able to collect punitive damages.

Call and Speak With One of Our Skilled Louisiana Car Accident Lawyers Today

If you’ve never been involved in a car accident before, you may not be sure where to turn. If the other driver is the one who caused your crash, then you’re probably entitled to damages. Usually, any out-of-pocket expenses related to the crash are paid by the insurance company.

There are times, however, when the insurance company denies your accident claim. This could happen for any number of reasons. Your Louisiana car accident lawyer can find out the reason for the denial and appeal the claim if need be. If the insurance company is still unwilling to pay, your attorney will file suit on your behalf.

The first thing you should do is call our office and schedule your free, initial consultation. Your attorney can review whatever paperwork you have and let you know if your claim has merit. If there’s evidence to show that the other driver caused the crash, then they should be held accountable. Take the time to sit down with an attorney who’s handled dozens of cases just like yours. Your first meeting doesn’t cost you anything. In fact, you don’t have to pay until your case is resolved.