The aftermath of a car accident is often confusing and stressful. You will have many questions and may feel unsure of what to do next. It is imperative that you get the answers you need as soon as you can, so you understand the next steps and how to protect your rights. Below, our Baton Rouge car accident attorney outlines some of the most frequently asked questions and their answers.
What are the Immediate First Steps After a Crash?
The priority after any accident is to ensure that you and everyone else are safe. Pull your vehicle over to a safe location, check yourself for injuries, and make sure everyone is unharmed. Then you can start collecting information such as the insurance details, contact information, and names of all other parties involved. Take photos and video surveillance of the accident scene, your injuries, and any damage to the vehicles involved. Also locate any witnesses and ask them for their contact information.
You can also scan for security cameras in the vicinity, such as at local businesses and traffic lights. Just make a note of their location so you can tell your lawyer about them in the future.
What are Your Rights and Responsibilities After an Accident?
You have many rights and responsibilities after any auto accident. For example, you are required to report any accident resulting in injury, death, or property damage exceeding $500 to law enforcement. You also have a right to obtain a copy of the police report, which can provide you with evidence that strengthens your claim. The police report may even indicate that another driver caused the crash, which will make a significant difference in your claim.
While Louisiana is a ‘fault state’ regarding auto accidents, you likely also have a responsibility to report the accident to your own insurer. If you fail to do this, the insurer may have the right to cancel your policy.
Why Should I Work With a Baton Rouge Car Accident Lawyer?
There are many benefits a car accident attorney can bring to your case. A lawyer can negotiate with the insurance company on your behalf to ensure you receive a fair settlement. Attorneys also have an extensive network of expert witnesses that can break down complex information to a judge or jury to strengthen your case. Expert witnesses include medical professionals, economists, and accident reconstruction specialists.
An attorney will also investigate your accident and collect evidence that proves your case. These are just a few of the benefits you will realize when working with an attorney after a crash.
Can You Recover Pain and Suffering Damages After a Crash?
Pain and suffering damages cover the physical pain and the emotional anguish you experience after a crash. Louisiana law recognizes these as losses, and so, you deserve compensation for them, and you can pursue pain and suffering in your accident claim.
Can You Sue for Punitive Damages?
Generally speaking, punitive damages are not available after car accidents in Louisiana. The only exception to this is when a specific statute authorizes them. For example, if an impaired driver caused your accident that resulted in injuries, you can pursue punitive damages. These are not compensatory damages. Instead, they are meant to penalize the defendant and deter them from grossly reckless behavior in the future.
How Long to File a Car Accident Claim in Louisiana?
Louisiana has recently changed the statute of limitations, or the time limit, on personal injury claims. If your accident occurred before July 1, 2024, you have two years to file your claim. If your crash happened on or after July 1, 2024, you have just one year to file your claim.
Even the one-year time limit may seem like a significant amount of time, but it is not. If the statute of limitations expires, you will forfeit your right to claim any compensation at all. While there are some exceptions to the law, they are quite limited. It is critical to speak with a car accident attorney as soon as possible after a crash.
Our Car Accident Attorney in Baton Rouge Can Answer Your Questions
The above questions are just a few of the most common we hear from accident victims. At Big River Trial Attorneys, our Baton Rouge car accident lawyers can provide the answers you need so you can make informed decisions and obtain the full and fair compensation you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help.
