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How likely is damage recovery after a car accident?

On Behalf of | Sep 1, 2021 | Motor Vehicle Accidents

Motorists in New Orleans who were involved in car accidents might have questions about their legal rights. Mounting medical bills and lost wages could ruin a crash victim’s financial stability, and emotional trauma might need long-term therapy. Fortunately, the Louisiana civil justice system allows car accident victims to pursue financial relief. 

What makes a viable claim? 

To have grounds for a personal injury lawsuit, the plaintiff must prove that the accident and resulting injuries were caused by the negligence or recklessness of another party. It is essential to keep in mind that there is a time limit for filing personal injury lawsuits. In Louisiana, the statute of limitations for such claims is one year after the accident date. 

Proof of injuries 

Filing a personal injury claim without proof of medical expenses for injury treatment would not do. In many cases, car accident victims decline medical examinations because they have no apparent injuries, only to discover a concussion or soft tissue injuries several days later. To claim recovery of medical expenses, proof of medical bills and doctor reports are essential. The same applies to lost wages. Evidence of the unpaid wages due to absence or limited duties will have to be documented for adjudication by the court. 

Court appearance 

Filing a civil lawsuit in Louisiana typically requires a day in court. However, a significant percentage of personal injury lawsuits do not end up in court. Most car accident cases are settled out of court to deal with the claim as smoothly and quickly as possible.