Understanding Auto Accident Claims In Louisiana

In this article, you can discover:

• Why legal representation is essential even if you’re clearly not at fault.
• How to manage medical expenses while awaiting settlement.
• The benefits of hiring an attorney early in the claims process.

I Was Injured In A Rear-End Car Accident Caused By An Uninsured Or Underinsured Driver In Louisiana. Can I Still File A Personal Injury Claim And Win?

You can always file a claim against a person but even if you win a judgment, it can be tough to collect on it. The truth is, most injury attorneys are not in the business of recovering from individuals – the main goal is to collect what you are entitled to from a large insurance company.

So, if you were injured by a driver who is uninsured or underinsured, you would have to look at your own insurance to see if you have uninsured/underinsured motorist coverage or medical payments coverage.

Unfortunately, Louisiana has a problem of chronically uninsured or underinsured drivers. Roughly 12% of Louisiana drivers are uninsured, and another roughly 45% carry the state minimum requirements (which are the lowest in the US). Because of this, it is crucial to carry UM coverage to protect yourself and your loved ones in the event of a crash.

It’s Clear The Other Driver Was At Fault For The Accident That Caused My Serious Injuries. Do I Still Need To Hire A Personal Injury Attorney?

Absolutely. You will not recover what you are fully entitled to under the law without legal representation. Insurance companies have a myriad of tactics and teams of people working to make sure that claims pay out as little as possible. Without the backing of an experienced attorney, along with the threat of litigation, insurance companies have little incentive to pay you the full extent of what you are entitled to under the law.

Attorney Adam Whitley-Sebti is a distinguished lawyer based in Louisiana, focusing on personal injury law. With years of dedicated experience and a deep understanding of Louisiana's legal landscape, Adam’s commitment to excellence and his proactive approach ensure that each client's case is handled with the utmost care and professionalism.

Still have questions or need legal assistance? Contact Whitley-Sebti Law LLC today to schedule your initial consultation and take the first step toward getting the outcome you need.

Call For A Free Consultation - (504) 370-2777

If I Was Partially At Fault For The Car Accident, Can I Still File A Personal Injury Claim In Louisiana?

Louisiana is a comparative fault state. In this context, comparative fault is a legal principle that comes into play in personal injury cases where more than one party is partially responsible for the accident.

There are some common misconceptions about the pure comparative fault regime… One common misconception about comparative fault in Louisiana personal injury cases is that a plaintiff cannot recover damages if they were partially at fault for the accident.

Another misconception is that the plaintiff’s damages will be reduced by their percentage of fault, but they will not receive any damages if they were found to be more than 50% at fault. Both misconceptions are incorrect under Louisiana’s pure comparative fault rule.

In Louisiana, comparative fault is based on the pure comparative fault rule, which means that a plaintiff can recover damages even if they were 99% at fault for the accident, but their percentage of fault will reduce the number of damages they receive.

For example, if a plaintiff is awarded $100,000 in damages but found to be 50% at fault for the accident, their award will be reduced by half (or to $50,000 in this example). The key to determining fault is each party’s level of negligence or failure to act in a prudent and careful manner.

The benefit to this comparative fault system is that you can recover for injuries even when you acted negligently and were partially responsible for your own injuries. However, the challenge to this system is that insurance companies may use comparative fault to limit personal injury payouts by assigning more fault to the plaintiff than is fair or accurate.

Fortunately, this is exactly where a personal injury attorney steps in, using the evidence in your case to present a clear and compelling argument that proves the negligence of the other party.

Who Will Pay For My Car Damage After An Accident Caused By Another Driver?

You can always choose to have your car fixed through your own insurance coverage. Ultimately, it is up to your insurance company to seek reimbursement from the responsible party via a process called subrogation. However, often, the responsible party’s insurance company will accept liability quickly and pay for the property damage directly.

If your car is damaged but is not determined to be a total loss, the process is simple – you get your car repaired and the insurance company will pay the bill. If your car is determined to be a total loss, the insurance company will assign a value to it based on its age, condition, mileage, and other factors. You can then choose to take this amount, turn over the title to the company, and buy another car.

A second option is to retain the car and title and take a lower payout amount. This often happens when a vehicle has been determined a total loss because it is old or has high mileage, but is still drive-able despite the damage sustained in the wreck. Keep in mind in this situation, the title retained would be a salvage title.

How Am I Going To Pay For My Medical Bills While I Wait For My Car Accident Claim To Settle?

Covering medical bills is a serious challenge for many people who have been injured in an accident. Without adequate health insurance, the options are bleak. Even with health insurance, co-pays and deductibles can quickly become prohibitive, which is why so many people choose to contact an attorney.

If our firm takes your case, you can benefit from our relationships with some of the best medical professionals in the state of Louisiana. We’ll connect you with physicians who will provide you with payment-delayed medical care that is reimbursed from your settlement or judgment at the end of the case. This way, you have seamless access to the care you need without the burden of paying out of pocket.

If you do have health insurance, you can use it to pay your medical expenses after an accident. However, if you’ll be seeking financial compensation from the at-fault driver’s insurance policy, it’s possible your insurance company will expect to be reimbursed after the settlement.

Yet another option is to protect yourself through insurance coverage before an accident ever occurs… Like Uninsured Motorist coverage, there is another very important type of insurance coverage you should have to protect yourself and your family: Medical Payments Coverage.

MedPay covers a wide range of medical bills, including:

• EMT and ambulance fees,
• Hospital stays,
• Doctor visits,
• Surgery and X-rays,
• Professional nursing services and care,
• Prosthetic limbs,
• Dental procedures,
• Funeral costs,
• And more…

Furthermore, coverage follows the policyholder, not the vehicle. This means it will cover you if you are a passenger in another vehicle, a pedestrian, or a bike rider. It also covers pedestrians and bike riders you may unintentionally hit. It cannot be overstated – MedPay is invaluable!

How Are Personal Injury Damages Calculated In Louisiana In Car Wreck Injury Cases?

To accurately determine damages in a personal injury case, the full extent of your injury must be ascertained. This typically requires some consultation with medical professionals and ongoing treatment of those injuries. After this information is determined, we are much more well-positioned to extrapolate the potential settlement value.

To do this, we first combine the total medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. These are damages that have a value tied to an actual bill and can be connected with a specific dollar amount.

That resulting sum is then multiplied by the “pain and suffering multiplier value” to produce a projected settlement amount. This is critical to any claim because the pain and suffering multiplier ensures that you receive compensation for non-monetary damages such as:

• Pain and suffering, past, present and future;
• Mental anguish, past, present and future;
• Emotional Distress, past, present, and future;
• Loss of the joys of living;
• And more…

What Will Hiring A Louisiana Car Accident Attorney Do For My Personal Injury Case?

It is best to hire an experienced attorney as early in the process as possible. Ideally, you will have called an attorney the same day. In the beginning, our firm can help you navigate your property damage and give you an idea of how a bodily injury claim will develop over time, relieving some of your stress and anxiety.

If involved early enough, we can also fend off tricky adjusters who will attempt to get a recorded statement, a signed medical authorization, or another type of release that can be used against you to deny or devalue your claim.

Our years of experience allow us to navigate the intricacies of the legal process on your behalf, present compelling arguments, and fight for favorable compensation. Most critically, we will take your case to trial if it cannot be resolved through negotiation and the claims process. This threat, along with our experience, is a benefit in and of itself as it directly impacts the way that insurance companies perceive your case and value your claim.

For more information on Filing An Auto Accident Injury Claim In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 370-2777 today.