There are so many things to think about after being in a car accident that you may or may not consider who to sue for your losses. In many instances, a lawsuit can be a perfectly viable option for car accident victims looking to be compensated for their injuries and property damage
Keep reading to learn more about who could be sued for a car accident, then call a Lake Charles car accident lawyer at The Johnson Firm for assistance.
Most car accident cases are resolved without having to go to court. When the injuries aren’t life-threatening and the property damage isn’t extreme, many people will decide to have their lawyers negotiate with the other party’s attorneys and reach an equitable settlement.
However, sometimes a lawsuit is the only way to recover the compensation you deserve. Unfortunately, it’s not uncommon for the other party to refuse to cooperate or accept responsibility for their actions. In those instances, justice must be served by taking them to court.
Not every case is the same, so we can’t give a definite answer on whether you should sue or not without evaluating your individual case and injuries. That’s why scheduling that first consultation is so important.
Whatever your situation, you should know that The Johnson Firm prepares every case for trial. Not every lawyer does so, but we believe full preparation is the only way to obtain maximum compensation.
Keep reading for more information about who you may sue for a car accident.
The other driver (also known as the at-fault or negligent party) is the most common person to sue after a car accident. It makes sense – they should take responsibility for their negligent actions.
You and your Lake Charles car accident lawyers will need to prove that the party was negligent and that they should pay you for damages.
Once you have proof that the other party acted negligently and caused your injury, you can sue them for damages. In Louisiana, car accident victims can sue for the following common types of economic (easily calculable) damages:
There are also non-economic damages which are just as important:
Pain and suffering;
Loss of enjoyment of life;
Fear, stress, anxiety, mental suffering;
Say a plumber is driving their company truck on the way to a job and crashes into you. In this case, you would likely be able to sue the plumber’s employer for damages, which could mean the difference between a partial and full compensation of your losses.
Employers are responsible (liable) for their employees when the employee is specifically driving for work. They might be driving their own vehicle or the company’s vehicle. Either way, if they are on the job and are traveling to or from a job site, their employer is legally responsible for their conduct.
Louisiana is a unique state in that its law allows for an injured party to bring direct action (a lawsuit) against the at-fault party’s insurance carrier, as long as the policy was issued in Louisiana or the accident occurred in Louisiana.
In fact, you can still bring a claim against the insurance company even if the at-fault party is bankrupt, deceased, or insolvent (unable to pay).