Recovering compensation in a Louisiana personal injury claim is a little more complicated than simply notifying the authorities. While this is a necessary step, it’s not the only one you need to take.
While the common types of Louisiana personal injury claims all follow the same basic steps. Omitting one of the steps can impact your ability to recover compensation after an accident.
Before contacting the insurance company and requesting a check, here’s what you should know about filing a personal injury claim.
All states have statutes of limitations governing how long you have after an accident to file a personal injury claim.
Most states give accident victims two years to file a claim, but Louisiana is a little different. The Pelican State only gives you one year from the date of the accident to file a personal injury claim. This means most accident victims need to get started on the claim process as soon as possible.
What happens if you miss the statute of limitations? If you try to file a claim after the statute of limitations has passed, it’s probably going to be automatically denied. You probably also can’t file an appeal if you’re passed the filing deadline.
State law does allow for a few exceptions to the statute of limitations. The deadline can be paused for minors until they turn 18. Parents or guardians can also file a claim on behalf of a minor. Sometimes, this is requested by the court.
If your injuries are severe enough to prevent you from participating in your claim, the statute can be temporarily paused until you start making a recovery.
Even though Louisiana is an at-fault insurance state, it also follows pure comparative negligence rules. At-fault insurance rules require accident victims to file a compensation claim against the liable party. So, instead of turning to your insurance provider, you file a claim with the at-fault party’s provider.
So far, everything seems pretty easy. However, pure comparative negligence can complicate a personal injury claim. This rule allows for more than one party to be liable for the same accident. This probably isn’t going to impact your ability to file an accident claim but it can affect compensation amounts.
Under pure comparative negligence, accident victims can still file compensation claims even if they’re 99% liable for the incident. However, compensation amounts are reduced by the assigned percentage of fault.
So, if you’re 99% liable for an accident, you’ll only receive 1% of the settlement amount. If this applies to your claim, now might be a good time to consider if filing is worth your time and effort. You may end up spending more for the legal process than your claim is worth.
The responding officers typically determine liability in an accident. This is a reason why you should plan on immediately reporting all accidents.
If you wait to report the incident, it can be harder to figure out who’s the liable party. If you can’t name a liable party, you can’t file an injury claim. You must name a defendant, after all, you need to know who’s responsible for covering your damages.
Insurance adjusters also have a say in determining liability. If you don’t agree with your assigned percentage of fault, your accident attorney can file an appeal in civil court. The court may decide to reduce your percentage of fault but there aren’t any guarantees.
You’re within the statute of limitations and any questions about liability are settled. Now, it’s time to start trying to recover compensation for your damages.
If your injuries aren’t severe enough for a ride to the hospital, it doesn’t mean you should skip visiting a healthcare professional. You may have internal injuries and it can take a while to start showing any symptoms.
Along with being proactive about your health, you’re also gathering necessary documentation. You’re going to need copies of your medical records if your accident claim lists injuries as damages. You also want to save all bills and receipts relating to your medical care.
However, you can only claim injuries sustained in the accident. So, if you have prior outstanding medical costs, you can’t try to include them in your personal injury claim.
Don’t go overboard and start claiming you’re an amateur detective. You’re only gathering evidence about your accident, not trying to solve a murder case. You also don’t want to get in the authorities’ way. They have a job to do and distracting them may end up compromising your injury claim.
Instead, focus on documenting any damage to your vehicle and other personal property. You can also take some pictures of any visible injuries. Don’t forget to look for any surveillance cameras in the area. This includes traffic cameras. The footage can go a long way towards helping support your accident claim.
If anyone witnessed the accident, get their contact information. Their statements can be crucial when you’re trying to prove liability.
Since Louisiana is an at-fault state, you’re going to contact the liable party’s insurance provider. You’re not filing a claim, so don’t get ahead of the process. All you’re doing is letting the insurance adjuster know you’re getting ready to file a compensation claim.
The insurance adjuster is probably going to try to question you about the accident, so make sure that you keep the conversation brief and don’t go into any details. You want to save this for after your claim is submitted and you’re finally ready to sit down at the negotiating table. On top of this you’re going to also want to refuse to let the insurance company record the content of the conversation itself.
The insurance company is looking for ways to try and reduce the value of your claim. They can use your statements against you.
Before you file an accident claim with the insurance company, it’s usually a good idea to discuss your case with an experienced Louisiana personal injury attorney. Your attorney can help you navigate any type of accident claim and help ensure you can recover compensation.
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