In Louisiana, when a car accident occurs, there are steps those involved need to take to obtain damages. There are legal rules surrounding car accidents that need to be followed post-accident.
Statute of limitations
After a car accident, Louisiana Civil Code says that those involved have 1 year from the date of the accident (the day injury or damage is sustained) to file an a lawsuit. This year is called the statute of limitations.
Uninsured motorists & compulsory coverage
Even if a person is uninsured, she may still be able to recover damages for bodily injury or property damage. This legal rule is called compulsory coverage. Louisiana has the compulsory coverage rule, which limits the amount of damages for uninsured parties from recover for the first $15,000 for bodily injury damages or for the first $25,000 of property damages.
Pure comparative fault
Louisiana also follows the pure comparative fault rule. Under this rule, if the accident is not completely your fault, you may recover damages. If the accident is 100% your fault, you will be barred from recovering damages.
Damages
There are certain limits on damages one can obtain after an accident. Louisiana limits the amount of damages where the car accident involves a government agency to $500,000.
Car accident damages generally involve two types of damages: economic and non-economic. Economic damages are money damages such as car repair, medical expenses, and lost income. Non-economic damages involve pain, disability, and emotional distress.
Louisiana State University’s 2020 projected car accident injury rate for 2020 is 859 for every 100,000 population. Contacting an attorney experienced in car accident injury compensation laws is the best way to comply with court deadlines and statutes.