Louisiana Car Accident Settlement Timeline and Process [2024 Updated]

After a car accident in Louisiana, injured parties can file insurance claims. If you were injured and were not at fault for the crash, you can recover all your damages in a settlement. However, this process is not immediate, and this can be financially stressful for many individuals. Understanding the Louisiana car accident settlement timeline and process can help you know what to expect and how to protect your rights.

Car accident claims will begin with investigations and move to negotiations between parties to reach a fair settlement. The majority of car accident claims do not enter litigation and are settled through negotiations.

What Makes a Car Accident Claim Take Longer in Louisiana?

There are several factors that can delay the steps of a car accident claim, including:

• How serious your injuries are, and the long-term complications of the injuries
• The amount of evidence present to support each side’s claims
• The cost of your damages and expenses
• How many parties were involved in the accident
• If multiple parties are partially liable for the crash
• The significance of a party’s negligence
• The willingness of parties to negotiate and settle
• If the case goes to trial

An attorney is essential to navigating this process effectively and successfully.

Investigation in a Car Accident Claim

First, there is the investigation phase. During this time, any involved insurance companies and any attorneys investigate the car accident. Parties will look into the scene of the accident, its cause, and what parties are partially or fully liable. They may look at police and accident reports, statements from eyewitnesses and involved drivers and passengers, images and videos from the scene, and medical records.

If you do not have an attorney during the investigation phase, you are much more limited during the negotiation phase. You will have to rely on the evidence gathered by the insurance companies and your own information. Attorneys have the resources to investigate a crash more thoroughly and find the evidence that better supports your claim. This also includes documenting your damages so that you can prove the fair settlement you are owed.

Car Accident Claim Negotiations in Louisiana

Once the investigation period is complete, parties enter negotiation. The goal of an insurance provider is to limit their liability in the accident. They may try to claim you are partially or fully liable or that you do not need the damages you are asking for. An attorney protects your rights and defends you against these undermining techniques. The goal of negotiations is to reach a fair settlement to cover your economic and noneconomic losses.

You are more likely to recover a settlement that covers your damages when you work with an attorney. If you were partially liable, your attorney will try to limit the amount you are considered liable, getting you as much compensation as possible. If you were not liable, your attorney will provide the evidence that shows this.

Negotiations can take a varying amount of time to settle, and your attorney can provide you with information about your specific timeline. It relies on factors such as how serious your injuries are and the willingness of the other party to settle. If you cannot reach a fair settlement through negotiation, the claim will likely enter court.

Taking a Car Accident Claim to Court

It’s important to work with an attorney who is skilled in litigation. If the insurance provider will not give you a fair settlement, your attorney must be ready to litigate the case. A seasoned litigator also benefits negotiations because the insurance provider knows that litigation is an option for you. Litigation is expensive but may be necessary to get your rightful compensation.

Litigating a car accident claim tends to follow these steps:

1. Filing the claim before the statute of limitations expires
2. Receiving the response from the other party
3. Pre-trial motions
4. Formal discovery of gathering and exchanging information
5. Motion for immediate summary judgment from the court
6. The trial, if there was no summary judgment

The length of the litigation period relies on factors like the agreement of both sides’ evidence, the schedule of the court, and how complex the case is.

FAQs

How Long Does It Take to Settle a Car Accident Claim in Louisiana?

How long it takes to settle a car accident claim in Louisiana ranges drastically. When you work with a car accident attorney, they can provide you with an estimation of how long it will take in your specific situation. Numerous factors can affect how long the process takes, including:

• How much investigation is required
• The complexity of the specific case and accident
• Whether there is clear proof of the at-fault party
• How willing the other party is to settle
• The ignorance of your injuries and damages
• Whether the case is settled in court or negotiations

What Is the Average Car Accident Settlement in Louisiana?

The average car accident settlement in Louisiana depends on the specific damages you suffered in an accident, as well as the insurance coverage of the at-fault driver. Knowing the specific dollar average does not indicate the value of your unique claim because every accident will result in different damages. More serious injuries or costly property damage results in a higher claim. Other factors that influence a claim’s value include:

• Whether you are partially liable
• The severity of the at-fault party’s negligence
• Your attorney’s skill and success
• If the claim goes to court

How Long Does It Take for an Accident to Come Off Your Insurance in Louisiana?

How long it takes for an accident to come off your insurance in Louisiana depends on the policies of your insurance provider and the laws of your parish. An accident that you were at fault for is likely to affect your insurance premium costs, but you may not see a significant impact if you were not at fault.

How Long After a Car Accident Can You Claim Injury in Louisiana?

After a car accident, you should claim any injuries you have immediately. You should be checked both by emergency medical services at the scene of the car accident and by your own doctor shortly after the collision.

If you discover an injury at a later date, you should get medical treatment immediately. If you wait to report an injury or do not get medical care, an insurance provider is likely to claim that it was not the result of the accident and, therefore, shouldn’t be covered.

Contact a Louisiana Car Accident Attorney With Day Law Group

At Day Law Group, we can review, investigate, and navigate the process of your car accident claim. If you or a loved one were injured, contact our firm.