New Orleans has a vibrant culture, a rich history, lively festivals, and mouth-watering food that pulls people in. However, with busy roads and a mix of local and tourist traffic, car accidents will likely happen. Car accidents often come with several physical, financial, and emotional challenges.
Victims of a car accident can get compensation to cover their damages. Victims can better understand their options with the help of car accident attorneys in New Orleans. This article lists the potential methods a victim can use to receive their rightful compensation.
The At-Fault Driver’s Insurance
The state of Louisiana follows a comparative fault system. This means that in a car accident, the parties involved are held accountable for their share of fault. For example, if the victim is 20% responsible for the accident, the defendant is only responsible for 80% of the damages.
If another driver is at fault for a car accident, the victim can recover the damages for the following:
Economic Damages
- Medical Expenses:The at-fault driver compensates for all current and future medical expenses caused by the accident.
- Lost Wages: Compensation for any loss of wages that the victim faces due to the accident.
- Property Damage:Compensation for repairing or replacing the car in case it gets damaged.
Non-Economic Damages
- Pain and Suffering:It compensates for the physical and mental anguish caused by the accident.
- Loss of Enjoyment of Life:If the accident leaves the victim lose the capability to enjoy their life, they can get compensation for the same.
- Loss of Consortium:This is awarded to the victim’s spouse to compensate for the loss of companionship.
Own Insurance Coverage
There are instances when parties must rely on their own insurance to get compensation. This is helpful as the parties need not wait for another party to get compensation. Insurance companies can also give money to the parties and recover it once they have been compensated.
Some examples of using own insurance for compensation are:
- Uninsured/Underinsured Motorist (UM/UIM):This compensates for the losses if the liable driver does not have or lacks sufficient insurance coverage.
- Personal Injury Protection (PIP):This helps to compensate for damages regardless of fault.
- Medical Payments (Medpay):It is an add-on to one’s insurance to cover any medical bills after an accident.
- Collison Coverage:It is a vehicle coverage that can compensate for any repairs after an accident.
Other Potentially Liable Parties
In some cases, the liability of the car accident falls on different people or entities. Such cases can be more complex to prove, but with the help of a lawyer, victims can prove liability and get compensation. Possible entities liable to pay compensation are:
- Employers:If the crash involves a commercial vehicle, the company can be liable for compensation.
- Vehicle Manufacturers:If the crash or damages were caused by a defective part in the vehicle, then the manufacturers can be held accountable.
- Government Entities:If the crash was caused by poor maintenance, such as potholes, faulty traffic signals, or lack of signage, then the relevant government entity needs to compensate for the damages.
Steps to Take After an Accident to Secure Compensation
Here’s how a victim can ensure fair compensation for their damages:
- Seek Medical Attention:Get medical attention to ensure safety. Immediate medical records can help to prove the accident’s date and time and link the injuries to the accident.
- Collect Evidence:Solid evidence is necessary to guarantee full payment as they can support the victim’s claim. Victims can collect the following evidence from the accident site:
- Pictures and videos of the crash site
- Pictures and videos of any visible injuries
- Police report
- Witness contact information
- Witness statements
- Inform the Insurance Provider:Be sure to inform personal insurance providers so they are aware of the incident and can initiate a claim.
- Hire a Lawyer:Hiring a lawyer to follow all legal procedures and negotiate with insurance providers is ideal. Lawyers can help car accident victims get the compensation that they deserve so that victims can focus on rest and recovery.
