How Car Accident Compensation Works in Louisiana

The state requires all drivers to have at least the minimum liability coverage for their vehicles. Those minimum requirements are:

• $15,000 per person for bodily injury liability coverage
• $30,000 total per accident for bodily injury liability coverage
• $25,000 for property damage liability coverage

But in a serious car accident, the injuries and other damages sustained can be hundreds of thousands of dollars or even more. That’s why it’s a good idea to buy car insurance that has higher liability limits. 

There are also other types of coverage available that you may want to add to your policy. These include: 

• Collision coverage: Covers damage to your vehicle from a collision with another vehicle or object.
• Comprehensive coverage: Covers damage to your vehicle from non-collision events, such as theft, vandalism, or natural disasters.
• Uninsured/Underinsured motorist coverage: This can protect you in the event of an accident caused by a driver who doesn't have enough insurance to cover the damages.
• Medical payments coverage: This covers medical expenses for you and your passengers in the event of an accident, regardless of who is at fault.

This means that the driver responsible for causing an accident is held financially responsible for the damages and injuries resulting from that accident. The at-fault driver's insurance company is responsible for paying the damages and injuries. However, negligent drivers often deny doing anything wrong – even if they were speeding, driving recklessly, or were under the influence. This can you put you in the position of having to prove negligence.

That is quite possible. You can first file a car accident injury claim with the negligent driver’s insurance company. But the goal of the insurance company is to minimize your car accident claim so they can limit the amount of compensation they must pay. There are a number of tactics they use toward this goal. For example, they may: 

• Question the seriousness of an injury in an attempt to reduce expected medical expenses
• Seek access to your medical history in an attempt to argue that an injury was pre-existing and therefore not covered by car insurance
• Make a lowball settlement offer that falls far short of covering the total damages suffered.

The insurance company may also try to argue that you were at least partially to blame for what happened. That’s because under the comparative negligence system used in Louisiana, any damages you are awarded may be reduced by your percentage of fault. So if you are awarded $100,000 in damages but found to be 30% at fault, your recovery would be $70,000.

That will depend on many different factors. These include the type and seriousness of your injuries, total damages suffered, your percentage of fault, and insurance policy limits. But in general, you can recover compensation for: 

• All current and future medical expenses for the treatment of your injuries (this includes surgery, medication, physical therapy, and home health care)
• Lost wages if you had to miss time from work
• Loss of future earnings if you are left unable to return to work
• Home or vehicle modifications if you were left disabled
• Property damage to your vehicle
• Pain and suffering.

An attorney can determine the total damages you have suffered and give you an idea of how much compensation you can realistically expect to recover in a car accident injury claim.

An experienced lawyer will be familiar with state law and will know how to deal with insurance companies after a car accident. Your attorney can: 

• Investigate your accident
• Gather evidence that helps support  your claim
• Carefully review accident reports and medical records
• Interview witnesses
• Deal with the insurance company on your behalf
• Build a strong case that proves negligence on the part of the other driver
• Draft and file the paperwork necessary for a lawsuit
• Negotiate a settlement that meets your needs
• Present your case at trial. 

If you were injured in a car accident, it is crucial that you get legal advice as soon as you possibly can. The statute of limitations for taking legal action is only one year from the date of your accident. It can take months to build a case. In addition, the longer you wait, the more likely it is that evidence will be lost and the memories of witnesses will fade.

Talk to an experienced Louisiana car accident attorney. Learn your legal options for recovering compensation and get answers to your questions during a free consultation.