Important Laws that Will Affect Your Car Accident Claim

Car accidents are confusing, stressful, and traumatic events. You have a lot to think about, and you likely also have many questions. If someone else was to blame for your accident, you can file a claim against them to recover financial compensation for your medical expenses, lost income, and more. To obtain the full damages you deserve, it is important to first understand the laws that will apply to your case. Below, our Baton Rouge car accident lawyer explains the most important of these that may affect your claim.

The Statute of Limitations

While all states have a statute of limitations, or time limit, on car accident claims, the one in Louisiana is quite short. In the Pelican State, you have just one year from the date of the accident to file your claim. If you fail to file within this time, you will lose your legal right to claim any damages at all. There are some exceptions to the law, but they are limited. For example, if you were in a car accident but discovered one week later that you suffered whiplash, you would have one year from the date of discovery to file your claim.

One year is really not a long time at all to file your claim. Before filing, an investigation must be conducted to determine who caused the crash, evidence must be collected to support that theory, and you must have a full understanding of how your injuries will affect you in the future. To ensure all of this can be done before the statute of limitations expires, it is important to speak to a Baton Rouge car accident lawyer as soon as possible after a crash.

Compulsory Coverage

All motorists in Louisiana are required to purchase a minimum amount of liability insurance. Unfortunately, many drivers try to cut their costs by driving without the proper amount of insurance. This makes things difficult in the event of an accident. 

After any crash, injured victims must file a claim with the insurance company covering the liable, or at-fault, party. This can make obtaining compensation from uninsured liable parties difficult but when accident victims are uninsured, it also makes the process more challenging for them. Under Louisiana’s compulsory coverage law, accident victims cannot recover the first $15,000 of bodily injury and for the first $25,000 of property damage if they were uninsured at the time of the crash.

Pure Comparative Fault

The short statute of limitations and the compulsory coverage laws may seem harsh to accident victims. However, the pure comparative laws in Louisiana are quite generous to injured individuals.

Louisiana follows pure comparative fault law, which means accident victims can claim compensation as long as they are not 100% to blame for the crash. Any damages they are awarded are then reduced by their same percentage of fault. For example, if someone was 90% at fault for an accident, they can still recover 10% of the damages that were the other driver’s fault.

Still, some negligent motorists try to use the pure comparative fault law to their advantage. They sometimes argue that another driver was at least partially to blame, so it reduces the amount of damages they are liable for paying. It is important to work with an attorney who can refute these arguments so you obtain the full damages you are entitled to.

Damages Available in Car Accident Claims

A car accident will leave you with many injuries, and a great deal of financial burden. Like all personal injury cases, a car accident claim is meant to help compensate you for the losses you sustained. The most common types of damages pursued in car accident cases are as follows:

• Current and future medical expenses
• Lost wages, bonuses, vacation pay, and other employment benefits
• Loss of earning capacity, if your injuries are so severe you cannot return to the same line of work in the future
• Property damage
• Pain and suffering

If the defendant acted with gross negligence, such as driving while impaired, punitive damages may also be available. These are not intended to compensate you for your losses but rather, punish the defendant and deter them from acting in a similar manner in the future.

Our Car Accident Lawyers in Baton Rouge Can Provide the Legal Advice You Need

It is not always easy to understand all of the laws that apply to your case after a crash. At Big River Trial Attorneys, our Baton Rouge car accident lawyers can inform you of the law and prepare a solid case on your behalf so you obtain the full and fair compensation you deserve. Call us today at (225) 963-9638 or contact us online to schedule a free consultation.