Car accidents can leave you with a variety of expenses, from medical bills to vehicle repairs.  At the same time, you may be left unable to work, which can make it hard to afford everyday expenses, let alone these sudden costs.

Our lawyers help you get justice for what happened to you in a car crash.  This includes getting damages for your bills and expenses, lost wages, and pain and suffering.  It also includes holding the at-fault parties accountable, whether through insurance or through the courts.

For your free case review, call Schoenfeld Law Firm’s car accident attorneys at (504) 688-7760 today.

Damages Available in Car Accident Claims

In a car accident case, you may experience a range of damages.  They usually fall into these categories:

Medical Bills

If you suffered any injuries, then the case should pay for your treatment.  It should not be on you to cover the costs of injuries someone else caused you in a car accident.

This should cover the immediate, emergency costs, like hospitalization, but it should also cover ongoing costs like physical or mental health therapy bills.

Lost Earnings

If your injuries take you away from work for any length of time, the defendant should reimburse you.  These damages include both the wages you missed because of the healing process, as well as the wages you will miss going forward if your injury is disabling.

This covers both partial and total disability, potentially making this a large area of damages.

Vehicle Repairs

While we are more focused on the damages from your injuries, we want to see you get reimbursed for all expenses tied to the crash.  This includes the cost of vehicle repairs.

Other Economic Damages

Our car accident lawyers can also help you seek reimbursement for any other costs or expenses that come about because of the accident.  This can include things like home services you cannot perform because of the injury, childcare while you are getting treatment, and hospital transportation costs while you cannot drive your car.

Non-Economic Damages

On top of these costs, there are damages that no amount of money can repair.  The pain you suffered, the emotional distress the accident caused you, and more, all fall under “non-economic” damages.  These are also often called “pain and suffering” damages.

Although these have no cost, we can still claim monetary damages to pay for these harms.

Do You File Through Insurance or File a Lawsuit?

Often, cases involve both an insurance claim and a lawsuit.

What Insurance Covers

We use an at-fault system, meaning you go after the other driver’s insurance to get coverage for injuries and property damage.  However, the defendant’s insurance may be unwilling to cover everything.

Your insurance might also have coverage you can reach for first, before fault is even determined.  They can also potentially cover damages above and beyond the other driver’s insurance, if you have uninsured/underinsured motorist coverage (UM/UIM).

What a Lawsuit Covers

In a lawsuit, the same damages can be covered, but the amounts are not decided by insurance companies.  Instead, the jury decides the amount, and the court orders the defendant (through their insurance company) to pay it.

This is typically not going to get the insurance to pay more than their policy limits, but it might mean higher damages than what they were willing to pay in a settlement.

How Do You Decide?

Typically, cases start with insurance claims.  If the defense refuses to pay full damages, we can go to court instead.

Once the case has been filed in court, we can still settle; we are not locked into trial at any point.  Most cases do settle, whether before filing in court or after.

What Should You Do After a Car Accident

After a car crash, take these steps:

• Move your car to safety, if it is functional. Otherwise, get out and get yourself to safety.
• Call 911 to get police and ambulance response (and fire, if needed).
• Exchange contact and insurance info with the other drivers.
• Get contact info for any witnesses.
• See if anyone recorded the accident on video.
• Look for any nearby cameras that might have caught the accident on video.
• Get medical care from the ambulance crew and go with them to the hospital if you need to.
• If you can stay at the scene, collect any other evidence you can think of.
• Take photos of the accident, vehicle damage, and injuries.

Then call a lawyer.  Do not worry about further evidence collection, getting a police report, collecting your medical records, or getting witness statements.  Our car accident lawyers can handle all of that for you.

Can You Talk to Insurance on Your Own?

You can, but you should not.  You are not required by law to use a lawyer, but talking to insurance without a lawyer can often mean giving too much information or saying things they can use against you.  Insurance companies also try to take advantage of unrepresented people, lock them into recorded statements, and deny them coverage.

Instead, work with a lawyer who is trained and experienced in these negotiations.

When Do You Need a Lawyer?

You need a lawyer in any case where:

• You suffered injuries that required medical treatment.
• Your injuries caused you to miss work.
• You suffered serious pain and suffering from the injuries.
• The insurance company has tried to offer you a low settlement or denied your claim.

How Early Should You Call an Attorney for a Car Accident Case

Calling a lawyer should be one of the first things you do after calling 911, getting medical care, and notifying your family about the accident.  We can get started collecting evidence, such as security footage.  We can also start negotiating with insurance to try to get the case settled quickly.

You need money as soon as you can get it after a crash, and any delays translate to delays in getting your case paid.

What if You Were Not Driving?

If you were a passenger, you were in a parked car, or you were walking or riding a bike, you can still file a car accident claim.  You may not have your own insurance to cover these cases, but we can fight to get damages from the defendant and their insurance – which is the typical way a car crash works anyway in our “at-fault” system in Louisiana.

Call Our Car Accident Lawyers in Gonzales Today

For your free case review, call the car accident attorneys at Schoenfeld Law Firm at (504) 688-7760.