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In Louisiana are victims of drunk driver accidents entitled to compensation for pain and suffering?

New Orleans, LA |

I was the passenger in a car that was reared ended by a drunk driver when we were stopped at a red light. The driver was driving a rental car, covered by insurance according to the police officer. I went to the hospital with neck and back pain, and got neck x-rays, which do not show any broken bones or visible injury. However, I am experiencing pain and discomfort in my neck and lower back. Are victims in Louisiana entitled to insurance compensation for pain and suffering?

Attorney Answers 5

  1. A victim in such a case would be entitled to recover for emotional injuries in addition to physical ones. Contact an experience lawyer in the place where the wreck occurred.

    Any response given is not to be taken as legal advice or to create an attorney client relationship.

  2. Yes. You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755

  3. You should contact a personal injury lawyer as soon as possible.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

  4. Contact a qualified personal injury attorney as soon as possible. Go to the "find a lawyer" tab and look for a lawyer in your community.

  5. Yes. If the other driver is at fault, you can recover damages which include pain and suffering. If intoxication was the cause of the accident, you may also get punitive damages. You need to contact a lawyer immediately to begin working on your claim.

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