If you’ve been injured due to someone else’s negligence in Louisiana, you may be entitled to compensation for your damages. Personal injury claims often include car accidents, medical malpractice, premises liability cases, and defective product claims.
Pursuing a personal injury claim can feel overwhelming. Fortunately, most claims are resolved through settlement negotiations. These negotiations can be quicker, less expensive, and less risky than taking a case to trial. Here’s what you need to know about the negotiation process under Louisiana law.
Completing Medical Treatment Before Settling
Before accepting a settlement, it is essential to complete your medical treatment. Ideally, you should reach maximum medical improvement (MMI). MMI occurs when your doctor determines that further treatment will not improve your condition.
If you settle before completing treatment, you risk undervaluing your claim. The full extent of your injuries and future medical expenses may not yet be clear. Once you sign a settlement agreement, you release all parties from further liability. You would be unable to recover more compensation if you later discover additional injuries or expenses.
Reservation of Rights Letters
After you file a personal injury claim, you may receive a reservation of rights letter from the at-fault party’s insurance company.
This letter indicates the insurer is investigating your claim and does not guarantee payment unless specific conditions are met:
- The policy covers the type of accident at issue.
- The insured party is determined to be at fault.
- Damages do not exceed the policy limits.
Insurance adjusters often use these letters to protect the company’s interests. They may request recorded statements or access to your medical records. It is critical to avoid providing any information to the insurance company without consulting with a personal injury attorney. Insurers often look for ways to deny or undervalue claims. You need a legal advocate on your side who understands these tactics.
What Is the Negotiation Process?
Settlement negotiations typically begin with the insurance company making an initial offer. These offers are often lower than the actual value of your claim. Insurers aim to resolve the case quickly and inexpensively.
Negotiations often involve sending a demand letter that includes:
- A detailed account of your accident.
- A discussion of applicable Louisiana laws that establish liability.
- A description of your injuries and their impact on your life.
- Evidence of your damages, such as medical bills, lost wages, and other financial losses.
The demand letter may also include medical records, proof of expenses, and expert opinions to strengthen your case. After reviewing the demand letter, the insurance company may accept the demand, deny the claim, or issue a counteroffer. Settlement negotiations often involve multiple rounds of back-and-forth discussions until a mutually agreeable amount is reached.
Factors Influencing Personal Injury Settlements in Louisiana
There are a multitude of factors that can impact settlement negotiations. Some common factors impacting settlement include:
Severity of Injuries
Severe or catastrophic injuries, such as permanent disabilities or disfigurement, usually result in higher settlement amounts. Medical experts and economic analysts may be consulted to estimate future medical costs and the long-term impact on your quality of life.
Insurance Coverage
Louisiana requires drivers to carry liability insurance. The minimum coverage limits are relatively low, though – $15,000 per person and $30,000 per accident. If damages exceed these limits, you may need to pursue compensation through your own uninsured or underinsured motorist coverage. You can also seek damages directly from the at-fault party.
Proving Fault
In Louisiana, you must establish that the other party’s negligence caused your injuries. Strong evidence, like eyewitness testimony, accident reports, or surveillance footage, can significantly strengthen your case.
Comparative Fault Rules
Louisiana follows a pure comparative fault rule. If you are partially responsible for the accident, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, you can recover only 80% of your total damages.
Statute of Limitations
Under Louisiana law, you only have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can bar you from pursuing compensation.
The Role of Your Attorney in Negotiations
A personal injury attorney can manage all aspects of the negotiation process, including:
- Investigating your claim and gathering evidence
- Calculating the full value of your damages, including medical expenses, lost wages, and non-economic losses like pain and suffering
- Communicating with insurance adjusters to protect your rights
- Advocating for a fair settlement that reflects the true value of your claim
If a fair settlement cannot be reached, our experienced trial lawyers are prepared to take your case to court. We will fight in the courtroom for the compensation you deserve.
Contact a Metairie Personal Injury Lawyer for Help With the Negotiation Process
If you’ve been injured in an accident in Louisiana, you don’t have to navigate the legal system by yourself. The Law Office of John W Redmann, LLC skilled personal injury attorneys can assist you every step of the way. Contact us at (504) 500-5000 to schedule a free consultation to discuss your case and learn how a legal team can advocate for your rights throughout the negotiation process.