An injury qualifies for a settlement in Louisiana when the victim can prove to the insurer that their policyholder caused the accident. Under Louisiana’s personal injury laws, victims can file an insurance claim or civil suit and recover compensation for their injury-related damages, including economic and non-economic costs and losses.
To recover a fair and just settlement in your case, you will need to have evidence to show that the at-fault party acted negligently and caused your injuries. You will also need to provide documentation of the value of your damages.
What Types of Accidents Support a Personal Injury Lawsuit?
Personal injury is the area of law that deals with one party causing another to suffer unnecessary injuries. When one person acts carelessly or recklessly, it can lead to harm for others. This could include physical injuries, financial losses, and emotional damages.
Many types of incidents or accidents could support a personal injury lawsuit, and any of these cases could qualify for a settlement. Some examples of common injury accidents that may be eligible for a settlement include:
- Car accidents
- Truck collisions
- Motorcycle crashes
- DUI and DWI accidents
- Pedestrian collisions
- Bicycle crashes
- Slip and falls
- Pool accidents
- Other premises liability injuries
- Medical malpractice
- Defective product injuries
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How do I Prove Fault and Liability in a Personal Injury Claim?
While many personal injury cases end with an out-of-court settlement, you will need to develop a solid case to prove fault and the value of your related expenses. This will offer the best chance of negotiating with the insurer and reaching a fair settlement.
With enough evidence to support your claim, the insurance company will see that their policyholder is likely guilty of negligence. This tells them that they will not be successful in court and will have to pay to cover your damages either way. This encourages them to settle with you instead of paying for a civil trial, which is both expensive and time-consuming.
All personal injury cases require the victim to prove negligence occurred. There are four elements necessary to establish that the at-fault party acted negligently in your case. This includes:
- They had a duty to behave a certain way to protect you from injury
- They failed to do what they were required to do
- Their action or inaction led to an accident or incident
- The victim suffered physical, psychological, and financial harm
Even if you contributed to causing your own injuries, you may be able to reach a settlement in your case. Under La. Civ. Code Art. 2323, you can still sue the other party and recover compensation if you share in the fault of your accident. However, this will affect the value of your recovery. Therefore, you will want a personal injury attorney on your side for these negotiations.
Do I Need to Sue If I Am Close to Settling With the At-Fault Party?
In some cases, you will need to sue despite your desire to settle outside of court. A compromise is possible at any time in a personal injury case. This includes:
- Immediately following an injury
- At any point during the claims process
- After the lawsuit begins
- Once trial proceedings are underway but before there is a verdict.
In your rush to reach a settlement and get the financial recovery you need, it is essential you do not overlook the projected value of your case. Therefore, it would be best if you did not settle for less than your costs and losses, or you will have to cover any additional expenses out of pocket.
Sometimes, the insurer refuses a fair and just settlement. They almost dare you to sue, believing you may not. In other cases, you are running out of time to sue and may need to act.
Louisiana only offers up to one year to sue in most cases under La. Civ. Code Art. 3492. This does not mean you cannot continue negotiating for appropriate compensation even after beginning the lawsuit against the liable party.
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An Attorney May Be Able to Help You Negotiate a Fair Settlement
Working with an attorney may make it easier for you to develop a strong argument that supports a just settlement agreement. They can also use proven negotiation techniques to convince the insurance company to make an offer that covers your documented damages.
Most personal injury lawyers provide complimentary case reviews and assessments, so you can learn if they believe a settlement is likely in your case. They also generally work based on contingency fees, so you will not pay anything until they negotiate an agreement and recover compensation for you.
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Contact Our Office Today to Learn More About Qualifying Injuries for Settlements
Attorneys at the Morris Bart law firm want to hear from you. We represent personal injury victims from all over the state. We have offices in New Orleans, Shreveport, Lafayette, Alexandria, Baton Rouge, Monroe, and Lake Charles. You can speak with a personal injury lawyer about your legal options.
Call (800) 537-8185 now to get started.
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