If you had a car accident in Louisiana, you should know how to settle your claim and how much you might get. Personal injury and car accident claims in Louisiana are governed by unique state laws. The settlement process depends on factors like injury severity, accident cause, and insurance policies.
The number of deaths in car accidents went down by 11.9% from 2022 to 2023, according to the Center for Analytics & Research in Transportation Safety (CARTS) at Louisiana State University.
Compensation for car accidents in Louisiana can be classified into economic and non-economic damages. Economic damages include medical bills, lost wages, and property damage. Meanwhile, non-economic damages include pain, suffering, and reduced quality of life. The severity of your injuries and damages, the strength of your case, and liability determine your compensation.
The comparative fault system in Louisiana reduces your compensation if you’re partially responsible for the accident. Personal injury claims in Louisiana have “statutes of limitations” that must be met.
This article will explain how Louisiana car accident settlements are calculated, how the procedure works, and what type of compensation you can expect to receive.
Factors Influencing Car Accident Settlements in Louisiana
In Louisiana car accidents, several factors can influence the payout after a fair settlement. One of these factors is the severity of the injuries sustained by the victim, with compensation typically rising in proportion to the extent of pain, damage, or injury.
If you are found to be at fault for escalating a minor dispute, your settlement may be rejected. If you want to receive the highest possible insurance settlement, whether for your policy or the defendant’s, you must first determine who is at fault.
Reports from the police and witnesses about the accident can help support your claim. Car accident attorney Peyton Murphy emphasizes that a lawyer must know how to reach a settlement. Lawyers know how to negotiate, using the right balance of aggression and strategy to help the injured party secure a positive outcome. Hiring a lawyer can help avoid the stress and anxiety associated with lengthy court trials.
Understanding these factors allows you to plan ahead of time and set settlement expectations.
Types of Damages You Can Claim
Knowing and understanding the damages you can claim following an accident in Louisiana will help you maximize the settlement amount you can obtain.
- Economic damages include tangible losses like lost wages, property damage, and medical expenses. Keep copies of all the necessary invoices and receipts to support your claims for this type of damage.
- Non-economic damages would encompass physical suffering, emotional distress, and loss of enjoyment of life. These types of damages cannot be quantified in any tangible term.
- If malice is involved in the wrongdoing, punitive damages may also be awarded.
Including all types of losses in your claim will strengthen your case and increase the likelihood of receiving a higher compensation.
The Role of Insurance Companies in Settlement Offers
Once you have documented every type of damage sustained following a car accident, you can call Louisiana car insurance companies and initiate the negotiation of your settlement.
After reviewing your claim in relation to their policy and evidence, they would investigate various aspects of medical expenses, damages, and labor to reach a settlement offer.
Insurance companies aim to lower their policy payouts, resulting in lower than acceptable initial offers.
Consult a lawyer before accepting an offer to check if the insurance payout accurately reflects the damages you have sustained.
The Importance of Documentation and Evidence
Presenting solid evidence can help strengthen your case. Police reports, witness statements, and medical files help demonstrate the negative effects of the injuries on an individual’s life.
Photos of vehicle damage and the accident scene can support your claims. Medical and repair bills can quantify your losses. Keep accurate records of your insurance company and any other correspondence related to the accident.
Meticulous documentation strengthens your case and increases the likelihood of a fair settlement. You risk undervaluing or delaying your claim without sufficient evidence.
Following these steps after a car accident in Louisiana can help you recover the damages you have suffered.
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