If someone is injured in a car accident, filing a claim against the at-fault driver is a no-brainer. However, what about accidents that leave you physically unscathed? Can you sue someone for a car accident without an injury?
The answer is sometimes be yes, provided that you suffered other losses. An experienced auto accident attorney in New Orleans can determine whether you have a case and how much to claim.
Determining Your Losses After an Accident
As in other car accident cases, a claim after an accident with no physical injuries is negligence-based. You must show that the other driver didn’t do enough to prevent a car crash. If you can establish the other motorist’s fault, you can sue for a car accident that caused documented losses other than a physical injury.
Property Damage
Property damage claims are common after car accidents. Your vehicle may have suffered serious damage even if you were lucky enough to avoid injury. The at-fault side would be responsible for covering the costs of repairing or replacing your car. They may also be liable to cover the costs of a rental while your vehicle is damaged.
Maybe you had valuables, like an expensive laptop or cell phone, in your car when the accident happened. If these items become damaged in the collision, their cost could also factor into your claim.
Emotional Distress
Louisiana law requires that you sustain some physical injury in order to claim emotional distress damages. It is therefore important that you document all physical injuries, no matter how minor.
Even if you escape an accident largely unscathed physically, you may suffer from traumatic flashbacks, panic attacks, depression, and PTSD. Memories of your crash may keep you awake at night, and anxiety may prevent you from sitting behind the wheel again. All this can be as debilitating as a concussion or a fracture.
If your mental health suffers because of a car crash where you had only minor injuries, you could claim damages for the emotional distress itself and the costs associated with managing it, like therapy and anti-anxiety meds.
The at-fault party and their insurer may deny any connection between your mental anguish and the accident, especially if your symptoms appear with some delay, as often happens. Documentation of your damages is important. Working with an experienced lawyer who has handled similar cases will improve your chances of collecting compensation for emotional distress.
Presenting Evidence
When you claim you suffered losses in a car accident, you shoulder the burden of proof. You must present solid evidence of the accident and the damage it caused, such as the following:
- Photos and videos of the collision scene
- Dashcam footage or other records capturing the accident (e.g., surveillance camera footage)
- The police accident report (you must report any accident that caused $100 or more in property damage)
- Testimony by any people who saw the accident
- Records of your accident-related costs, like car repair bills
- Testimony by mental health professionals who have treated you after the accident
Calculating Your Losses
Translating your losses into numbers can be challenging when you haven’t suffered a physical injury. However, a skilled lawyer can help you claim compensation for eligible losses.
Reputable law firms typically offer a free consultation, during which the lawyer will let you know whether you should file a claim and how much you may expect to collect.
Were You Involved in a Car Accident? Call The Voorhies Law Firm Today
Are you asking, “Can you sue someone for a car accident without an injury?” Our skilled car crash lawyers can determine whether you have a case and what losses you could sue for. We’ll also explain how to file a car accident claim and help you handle negotiations with insurance companies. Call (504) 875-2223 or complete our quick online form for a free consultation today.
