Types of Claims Available in a Car Accident Case.
Types Of Claims Available In A Car Accident Case. Being in a serious car accident can be devastating to victims and their families. A vehicle accident can cause financial burdens to entire households, especially when the person who was injured provides some or all of the household income and is unable to work. Some medical bills may not be covered by insurance and missing work while recovering or receiving medical treatment means lost wages adding emotional and financial stress on top of the physical pain. Hiring a lawyer to seek compensation after a car accident will not undue the past but it can help alleviate some or all of the financial burdens associated with being in an accident. If you’ve been injured in a car accident caused by another person’s negligence, or if you’ve lost a loved one in a car accident, you may have the right to sue for damages and be compensated for your injuries under Louisiana law. Below is a discussion of some of the most common types of claims made in a car accident. Personal Injury Claims The most common claim in a vehicle accident is the claim against the other driver that hit you and caused the accident. You would also be able to make this claim if you were riding a motorcycle, a bicycle, or were a pedestrian. Personal injury claims usually involve things such as pain and suffering, emotional distress, or loss of enjoyment of life for the things your injuries cause you to miss out on. While an accident is usually caused by the negligence of one party there can be times where more than one person contributed to causing an accident. In that case, you would have a claim against each person responsible for causing the accident. If you have uninsured or underinsured motorist coverage, also known as UM coverage, you may be able to present a claim against your insurer. If the person that hit you only has a Louisiana state minimum insurance policy of $15,000, but your injuries are worth $20,000, you can ask your UM coverage to pay for the rest. You can also make a claim on your UM coverage if the person that hit you did not have car insurance. If you were a passenger in a vehicle that was hit by another driver that did not have insurance, or did not have enough insurance, your own UM coverage would also apply. With Louisiana’s low state minimum policy limits it is advisable for everyone to have UM coverage. Product Liability Claims If the accident was caused by a defective condition on an automobile, you may have a product liability claim against the manufacturer. This is not limited to just the car itself. For example, if a tire were to fail and cause an accident, you may have a claim against the manufacture and installer of the tire. If an accident was the result of a defective vehicle or defective part, your attorney might advise you to sue the car or car part manufacturer for damages related to the accident and injuries. If an accident was caused by a defect in a vehicle or a component part of the vehicle, there may be other consumers having the same problem. In these cases, accident victims might find a class action lawsuit or mass tort litigation lawsuit to be the most effective way to seek compensation. An experienced vehicle accident attorney can help you decide the best course of action for your individual circumstances. Claims Against The City, Parish Or State If an accident was caused by a poorly designed or improperly maintained roadway, then you may have a claim against the governmental entity responsible for road construction and maintenance. You would need to prove the government knew or should have known about the hazard. Claims against governmental entities often come with limitations on the amounts that you can recover. For example, most personal injury claims against the state of Louisiana are limited to a recovery of $500,000 not including medical expenses, property damage, or lost wages. Wrongful Death Claims If you have lost a loved in a car accident, you may have a wrongful death claim. Louisiana law entitles survivors of the victim to bring a claim against the party that caused the accident and also sets forth the order of who can bring the claim. For example, a surviving spouse or child has the right to bring a claim before a surviving parent or sibling. In the event of a parent being killed in an accident each child would have his or her own claim and each person’s claim may have a different value depending on his or relationship with the victim. Property Damage Claims The most common type of property damage claim is the claim for the repair or replacement of your car. The at-fault driver is responsible for paying for the repairs to your vehicle, or for the value of your vehicle if it is determined to be a total loss. Other types of property damage claims may include items in the car that were damaged and need to be replaced – such as a child’s car seat. If you have comprehensive coverage your insurer may pay for these damages initially and then recover the costs from the other driver’s insurance company. Past And Future Medical Expenses If you required medical treatment after your car accident, the at-fault driver is responsible for paying for your medical bills. If you have UM coverage you can also make a claim against your own insurer for costs not paid by the at-fault driver or his or her insurance company. The Louisiana state minimum policy limits of $15,000 apply to both bodily injury claims and medical bills so it can be easy to exceed the other driver’s available insurance with just a few months of treatment. If you have health insurance, you should use it to help cover the costs of your medical treatment. Your health insurer may have