Getting into a car accident is terrifying–especially when you or someone you love has been injured. The legal process that may follow the accident can be daunting. Luckily, Metairie Louisiana drivers, and drivers throughout the Greater New Orleans area, with insurance can often recover necessary damages. The process for recovering these damages can still be long and confusing; however, Macaluso Law Firm can help you through this troubling time.
Types of Compensation
According to Louisiana law, victims of car accidents can file a personal injury lawsuit against the at-fault driver up to one year after the accident. (This one year limit is important and is known as the statute of limitations.) Suits seeking compensation are classified as looking for either economic or non-economic damages.
Economic damages typically cover the following types of payments:
- Medical expenses
- Repair and replacement of the vehicle
- Lost income, etc.
Non-economic damages are ones that are more difficult to put a price on:
- Disability or disfigurement
- Pain
- Emotional distress, etc.
For the most part, Louisiana does not put a limit on damages you can seek through a lawsuit. The two main exceptions to this limit are a) if the accident involves a government agency, in which case there is a $500,000 limit on damages and b) if you suffered bodily damage and your doctor somehow exacerbates your condition during your stay in the hospital.
Dealing with Insurance Companies
In Louisiana, all drivers are required to purchase liability coverage through insurance companies in case of an accident. Because Louisiana uses the fault system for automobile accidents, the person who causes the accident/is at fault is responsible for paying for any injuries and property damages caused.
If you are the victim of the accident, you have the ability to file a claim with the at-fault driver’s insurance company (or ask your own insurance company to file the claim) to be properly compensated. However, you must be able to prove that the other driver is at fault.
If you can prove you were not the one at fault, you can still only claim as much as the at-fault driver has in their liability coverage. State law requires drivers to have the following liability coverage:
- $25,000 for property damage
- $15,000 for one person injured
- $30,000 for two or more people injured (in the same accident)
- $25,000 for property damage
- $15,000 for one person injured
- $30,000 for two or more people injured (in the same accident)
So, if the at-fault driver’s liability coverage only has $15,000 for one person injured, you can claim up to $15,000 for medical expenses. Through your own insurance company, you can also purchase coverage ahead of time, in case the at-fault driver does not have enough to cover your expenses or is uninsured.
How Macaluso Law Firm Can Help
Dealing with these laws, and especially with insurance companies, can be tricky if you are unprepared or still suffering from your accident. If you or a loved one has recently been involved in an automobile accident in Metairie, Louisiana or the Greater New Orleans area, call the Macaluso Law team today to schedule a FREE CONSULTATION. Our number is (504) 475-2622.
