It is not possible to answer what is the average settlement for a personal injury in Louisiana. Because so many different factors contribute to a personal injury claim’s value, it’s impossible to calculate an average settlement.
Any attempt to calculate an average will not produce a number that applies to other cases. For example, suppose an accident victim suffered a broken leg in a rear-end crash. In that case, the value of their case could differ dramatically from someone who has a neck injury after a similar collision.
Factors that Play a Role in the Potential Value of Your Louisiana Claim
So many things could influence the value of your settlement after suffering a personal injury in Louisiana, no matter the type of case you file:
- Traffic accidents
- Slip and falls and other premises liability incidents
- Defective product cases
- Medical malpractice claims
These factors could play a role in the valuation of your case:
- The type of accident
- The strength of the case against the at-fault party
- If you played a role in causing the accident
- The injures you suffered
- The necessary treatment
- Your typical income
- Home much time you missed from work
- The value of your vehicle and damage to it
- Other property damage and related expenses
- Your estimated future medical care costs
- The intangible losses you experienced due to your accident and injuries
- The evidence of your expenses and losses incurred
- The abilities of the negotiator working with the insurance company
Similar Looking Cases Could Have Very Different Outcomes
Two cases that appear very similar at first glance could end with settlements that are thousands of dollars apart. Even when the mechanism of injury and many circumstances are the same, the treatment for the same diagnosis may differ.
For example, imagine you suffered a broken arm in a fall. Your arm required surgery to place screws because the doctors could not reduce the fracture manually without this procedure. Then, your blood pressure was not well controlled, so you spent a night in the hospital. Someone who did not require surgery or a hospital stay will not have the increased costs for treatment you faced.
How do I Know How Much My Claim Might Be Worth?
To understand how much your claim might be worth, you must consider the value of the economic and noneconomic losses you suffered by:
- Gathering all bills, receipts, and other documents
- Adding up the financial costs you paid because of the incident
- Determining your lost wages from time missed from work
- Assigning a value to your intangible losses such as pain and suffering
One of the best ways to determine the value of your claim is by working with a personal injury law firm. For example, a New Orleans car accident attorney can investigate what happened to cause their client’s injuries, gather evidence to support their claim, and put a fair value on their case.
When you work with a lawyer, they will handle the valuation of your claim and the settlement negotiations on your behalf.
For a free legal consultation, call (800) 537-8185
What If the Insurer or At-Fault Party Says I Contributed to My Injuries?
In some cases, the victim shares fault with the liable party. This concept is known as comparative fault. It may occur when you acted negligently in some way, but your actions were not the primary cause of your incident or injuries. For example, if you were speeding when another driver ran a red light and hit you, you might share a small portion of the fault for the accident.
Under La. Civ. Code Art. 2323, accident victims can still sue the liable parties when they get hurt. However, their potential payout goes down by the percentage of fault the insurer or court assigns. For example, if they rule you were 20 percent at fault, you can only recover 80 percent of your losses.
The best way to handle this type of accusation is to reduce or eliminate the blame placed on you. A lawyer could mitigate the damage done by this type of shared fault allegation.
How an Attorney Can Help You Recover a Settlement for Your Louisiana Injury
A personal injury lawyer can protect your rights, investigate your claim, value your case, and fight for a fair settlement after an injury accident in Louisiana. They can significantly reduce the stress you face and help you seek justice.
Your law firm can also help you decide if a lawsuit may be a better option based on the facts of your case. While exceptions can shorten how long you have to begin this process, you may only have up to one year to sue in Louisiana under La. Civ. Code Art. 3492.
Speak with a Morris Bart, LLC Team Member for Free Today
You can reach our team at the Morris Bart law office nearest you today by dialing (800) 537-8185. We are a contingency-fee firm that provides complimentary case reviews. We have Louisiana offices in New Orleans, Alexandria, Baton Rouge, Monroe, Lafayette, Shreveport, and Lake Charles.
Connect with our team today for your free case consultation.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.