Personal Injury FAQ in Louisiana
Q1: What Should I Do Immediately After a Car Wreck in Louisiana?
A1: Ensure your safety and that of others. Move to a safe area if possible, call 911 for emergency assistance, and
do not leave the scene of the accident. Check for injuries and seek medical attention if needed, even for minor
Q2: Is It Necessary to Call the Police After a Car Accident in Louisiana?
A2: Yes, it is important to call the police after a car accident in Louisiana, especially if there are injuries or
significant property damage. A police report provides an official record of the accident, which can be crucial for
insurance and legal purposes.
Q3: How Should I Interact with The Other Driver Involved in The Accident?
A3: Exchange information with the other driver, including names, contact details, insurance information, and
vehicle details. Remain calm and avoid admitting fault or making statements that could be used against you later.
Q4: Should I Take Photos or Document the Accident Scene?
A4: Yes, take photos of the accident scene, including vehicle positions, damage to all vehicles involved, road
conditions, traffic signs, and any injuries. Documenting the scene can provide valuable evidence for your claim.
Q5: What Information Should I Collect from Witnesses at The Scene?
A5: Collect names, contact details, and statements from any witnesses at the scene. Witness accounts can be
crucial in determining fault and supporting your claim.
Q6: How Soon After the Accident Should I Notify My Insurance Company?
A6: Notify your insurance company as soon as possible after the accident, ideally within 24 hours. Delaying
notification can complicate your claim process.
Q7: Do I Need a Lawyer After a Car Accident in Louisiana?
A7: It is advisable to consult with a personal injury lawyer, especially if the accident resulted in significant
injuries, disputes about who is at fault, or if the insurance company is not offering a fair settlement.
Q8: What Types of Compensation Can I Recover in A Car Accident Claim in Louisiana?
A8: Compensation can include medical expenses, lost wages, vehicle repair or replacement costs, pain and
suffering, and possibly punitive damages, depending on the circumstances of the accident.
Q9: Is There a Time Limit for Filing a Car Accident Claim in Louisiana?
A9: Yes, in Louisiana, the statute of limitations for filing a personal injury claim is generally one year from the
date of the accident. It is important to start the legal process promptly to preserve your right to compensation.
Q10: What if The Other Driver Involved in The Accident Does Not Have Insurance?
A10: If the other driver is uninsured, you may need to file a claim with your own insurance if you have uninsured
motorist coverage. A lawyer can help you explore all options for recovery, including potential legal action against
the at-fault driver.
Q11: Should I Seek Medical Attention Even if I Don’t Feel Injured After a Car Accident?
A11: Yes, it's important to seek medical attention even if you don't feel injured immediately after a car accident.
Some injuries may not be immediately apparent, and having a medical record can be crucial for your claim.
Q12: How Is Fault Determined in A Car Accident in Louisiana?
A12: Fault in a car accident in Louisiana is determined based on evidence such as police reports, witness
statements, traffic laws, photographs from the scene, and sometimes expert testimony. Louisiana follows a
comparative fault rule, meaning your compensation may be reduced by your percentage of fault.
Q13: What Should I Not Do After a Car Accident?
A13: After a car accident, avoid admitting fault, signing any documents from an insurance company without legal
advice, or settling quickly without understanding the full extent of your damages and injuries.
Q14: Can I Claim for Emotional Distress After a Car Accident?
A14: Yes, in Louisiana, you can claim compensation for emotional distress, including anxiety, depression, and
trauma, as part of your personal injury claim following a car accident.
Q15: What if I Was Partially at Fault for The Car Accident?
A15: In Louisiana, you can still recover damages even if you were partially at fault due to the comparative
negligence rule. However, your compensation will be reduced by the percentage of fault attributed to you.
Q16: How Long Does It Typically Take to Settle a Car Accident Claim in Louisiana?
A16: The time to settle a car accident claim in Louisiana varies. It depends on the complexity of the case, the
extent of injuries, the clarity of fault, and the insurance companies involved. It can range from a few months to a
couple of years. Every case is different.
Q17: Should I Provide a Recorded Statement to The Other Driver's Insurance Company?
A17: It's advisable to consult with a lawyer before providing a recorded statement to the other driver's insurance
company. What you say can be used to challenge your claim, and a lawyer can guide you on how to communicate
effectively without jeopardizing your case.
Q18: How Does the Process of A Car Accident Lawsuit Work in Louisiana?
A18: A car accident lawsuit in Louisiana begins with filing a petition in court, followed by discovery, where both
parties gather evidence. Negotiations for settlement can occur at any stage, or the case may go to trial if a
settlement isn’t reached.
Q19: Can I Still Recover Damages if I Wasn’t Wearing a Seatbelt During the Accident?
A19: Yes, you can still recover damages if you weren’t wearing a seatbelt, but your compensation may be
reduced. Louisiana law considers failure to wear a seatbelt as contributory negligence, which can reduce your
damages based on your degree of fault.
Q20: What Should I Do if The Insurance Company Offers Me a Settlement?
A20: If you receive a settlement offer from an insurance company, have it reviewed by a personal injury lawyer
before accepting. A lawyer can help determine if the offer adequately covers all your damages and negotiate for a
fair settlement if it does not.
Q21: How Are Damages Calculated in A Car Accident Case?
A21: Damages in a car accident case are calculated based on factors like medical expenses, lost wages, property
damage, and non-economic damages like pain and suffering. In some cases, punitive damages may also be
Q22: Can I Claim for Lost Wages if I Missed Work Due to The Accident?
A22: Yes, you can claim for lost wages if you missed work due to injuries from a car accident. This includes not
only lost salary but also lost earning capacity if your ability to work in the future is impacted.
Q23: What if The Car Accident Aggravated a Pre-Existing Condition?
A23: In Louisiana, if a car accident aggravates a pre-existing condition, you can still claim damages. The at-fault
party is liable for the extent to which your condition worsened due to the accident.
Q24: How Can the Rue Law Firm Help Me with My Car Accident Claim?
A24: The Rue Law Firm can help by investigating your accident, gathering evidence, negotiating with insurance
companies, and representing you in court if necessary. We aim to secure the compensation you deserve while you
focus on recovery.