- January 20, 2023
Louisiana car accidents are a tragic and, unfortunately, common occurrence. If you have been injured in a car accident, you need to be aware of the laws that govern injury and damages in the state. Knowing these laws can help you seek the compensation you need and deserve for your injuries. This blog post will provide an overview of Louisiana’s car accident injury and damages laws.
We will discuss who is liable for damages and how much can be recovered in damages from Louisiana car accidents. We will also provide information on the types of damages available to those injured in accidents. With this knowledge, you can make an informed decision on how to proceed with your case.
You can contact our Louisiana car accident lawyers anytime to schedule a free consultation.
Types of Damages in Louisiana Car Accidents
Injuries resulting from Louisiana car accidents can be both physical and psychological, and the damages associated with them can be extensive. Depending on the accident’s severity, these damages can range from minor medical expenses to extensive medical bills, lost wages, and even long-term disability or death.
Medical Expenses
Medical expenses include any reasonable and necessary costs associated with medical treatment for injuries sustained in a car accident. These expenses may include hospital stays, surgery, medication, and physical therapy. In some cases, the victim may also be able to recover for lost wages related to time away from work to seek medical attention.
Lost Wages
Lost wages refer to wages lost due to being unable to work due to injuries sustained in an accident. This includes lost salary, benefits, bonuses, commissions, vacation time, sick days, and other forms of income that would have been earned had the accident not occurred.
Pain And Suffering
Pain and suffering are considered non-economic damages, meaning they do not involve actual monetary losses. They can include physical pain and suffering as well as emotional distress and suffering resulting from the car accident. Pain and suffering damages are typically based on the accident’s severity, how long it took to heal, how the injury affected the victim’s quality of life, and more.
Property Damage
Property damage refers to repairing or replacing property damaged in a car accident. This includes damage to a car, buildings, fences, signs, landscaping, or any other property damaged in the accident. The cost of repairs or replacement will depend on the extent of the damage and may include deductibles if insurance is involved.
Who Is Liable For Damages?
In Louisiana, drivers are liable for damages through the state’s “at-fault” system. To receive compensation for losses, the driver must prove that the other driver was at fault. If a driver is found to be less than 100% at fault, they may still be able to recover some portion of their damages. For example, if a driver is found to be 98% at fault and suffered losses equal to $10,000, they would be able to recover $9,800 of their losses.
In some cases, if medical professionals contribute to or exacerbate a driver’s injury, they can be held liable for up to $100,000 in damages. The Patient’s Compensation Fund pays any damages beyond this amount.
It is important to note that when it comes to liability for damages in Louisiana car accidents, an accident lawyer can help you determine who is liable for your losses. Therefore, it is recommended that you contact a Louisiana car accident attorney as soon as possible after an accident.
How Much Can I Recover In Damages?
In Louisiana, there is generally no cap on damages in personal injury or car accident cases. However, if Louisiana car accidents involve a government agency, there is a state-imposed limit of $500,000 on the total damages.
It is important to note that you must file a lawsuit within one year from the date of your injury. This is known as the state’s statute of limitations. If you fail to file a lawsuit within the designated timeframe, you may be barred from recovering damages.
For serious personal injuries that lead to hospital stays, Louisiana has a state-imposed cap on medical malpractice that could prevent you from recovering your full damages. An individual medical professional may only be held liable for up to $100,000, and the total recovery is limited to $500,000, with the Patient’s Compensation Fund paying up to $400,000.
How Long Do I Have To File For Damages In Louisiana?
The statute of limitations Law in Louisiana is the same for car accidents and most personal injury cases. This law states that the deadline to file a car accident claim is one year, starting on the day of the accident. If a claim is filed after the legally allowed timeframe has passed, the defendant will likely try to get the case thrown out.
There are rare instances in which exceptions are made to extend the statute of limitations deadline. For example, if the injured person was minor or mentally disabled at the time of the accident, the limitation may be suspended until that person turns 18 or regains mental capacity.
Additionally, if the defendant intentionally concealed the facts surrounding the accident from the plaintiff, the court may extend the statute of limitations period. If you’re unsure what to do or think your case might be an exception, it’s best to speak to an accident lawyer.
Why Do I Need An Accident Lawyer When Filing A Claim After an Accident in Louisiana
If you have been injured in an accident in Louisiana, it is important to understand your rights and the damages to which you may be entitled. Hiring an experienced attorney can be extremely helpful when dealing with complex legal issues such as filing a personal injury claim and getting the compensation you deserve.
Your accident lawyer will be able to provide valuable advice on how best to proceed with your claim and make sure that all the necessary paperwork is properly filed. They will also be able to represent you in court if your case goes to trial and help you get the maximum possible amount of compensation.
An attorney can also provide helpful advice on how to deal with insurance companies who may be trying to take advantage of you by offering a lower settlement than what is fair. They can also ensure that any medical bills or other expenses related to the accident are taken care of.
Having an accident lawyer on your side gives you peace of mind that you are not alone in your fight for justice. Knowing that an experienced attorney is looking out for your best interests can make a world of difference when facing the complexities of a legal battle.
