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March 21, 2022

How Long Do Personal Injury Cases Take for a Car Accident Settlement in Louisiana?

by Evan Breaux | Car Accident Settlements | 0 comments
How Long Do Personal Injury Cases Take for a Car Accident Settlement in Louisiana (3)

In this article, we’ll cover: what a settlement means, pursuing a car accident settlement, the average length of a personal injury case, why you should hire a personal injury lawyer and the best personal injury attorneys for you.

When filing a claim after a car accident, you’ll likely have a lot of valid questions:

  • How long after the accident can you file a claim?
  • How long do personal injury cases take to settle?

The process can be daunting, especially when coupled with your own recovery—physical, mental, and emotional—as you get your life back on track after an event that shakes up every aspect, from your health to your livelihood. 

After a car accident, you will want to file a claim and receive a settlement to reimburse you for all costs related to your personal injury, personal property damage, loss of wages, emotional health damages, and other injury-related costs.

What Is a Settlement, Exactly?

A car accident settlement means the guilty party (or their insurance company) offers the victim a financial payment that effectively resolves the case. Another way to resolve a car accident claim is via a lawsuit or the court system, with a judge or jury making the final decision on which party is at fault for the accident and to what degree, and the amount of compensation that needs to be awarded to the victim.

How Do Personal Injury Claims Work in Louisiana?

In Louisiana, motorists are required to carry liability coverage on any vehicle they own. This means that a motorist’s car insurance policy must meet the minimum amount that is stated in the civil code RS 32:900. The insurer pays for personal injury and property damage up to the amount of coverage a motorist purchases. 

How Long Does a Settlement Take?

The real answer here is that there’s no easy answer: car accident settlements can take a few months on average. It is uncommon but possible that a settlement can drag out for a few years before it is resolved. 

Working with experienced personal injury lawyers ensures that your claim is filed quickly and accurately and that your settlement process moves smoothly. A personal injury lawyer is your advocate who will help you make key decisions, like whether to accept or reject a settlement offer. 

Do Most Personal Injury Cases Settle?

Yes, most personal injury cases settle out of court. Insurance companies prefer settlements because they are a less expensive and less risky option. For the victim, one benefit of a car accident settlement is that it may move faster than a lawsuit. 

Another option, instead of reaching a settlement, is to take your case to trial, which means the case will be resolved by a jury or judge. However, taking your case to trial can present a huge risk. If you lose the case, you are awarded nothing. 

Settlement is a compromise between you and the person responsible for your injuries, property damages, wage loss, and emotional harm. Working with an experienced personal injury attorney ensures that you will reach a suitable settlement.

What Types of Personal Injury Cases Do Personal Injury Lawyers Help With?

Personal injury lawyers, like the experienced attorneys at Breaux Law Firm, help with personal injury cases that stem from all sorts of accidents, like those involving automobiles, motorcycles, boats, animal bites, product liability, and medical malpractice. They are also experienced when it comes to job-related accidents, wrongful death, slip and fall accidents, and maritime or offshore accidents. 

What Is the Average Car Accident Settlement Amount?

The amount of money awarded in a settlement varies greatly and depends on many different factors. The initial amount demanded will be determined by you and your lawyer, and the amount will shift depending on negotiations and “final offers” before both parties come to an agreed-upon amount. 

What Is the Car Accident Settlement Process?

After a car accident, you’ll file an insurance claim with the at-fault driver’s insurance policy. If the driver doesn’t have insurance, you must make a claim with your own insurance carrier. Using a local insurance claims adjuster, the at-fault driver’s insurance company will begin investigating the accident. This insurance adjuster will review the evidence you’ve provided, such as

  • official police reports
  • photographs of the accident scene
  • statements from witnesses
  • medical records
  • statements from all drivers involved
  • video footage from the accident location, and
  • recordings etc.

Your claim will be accepted or rejected by the insurance company. The insurer will provide an approval or denial letter. If your claim is approved, the insurance company agrees to provide compensation for your damages.

However, it doesn’t necessarily mean the insurer agrees to pay the amount of compensation you deserve. If your claim is rejected or denied, you don’t have to give up! This is where the experienced attorneys at Breaux Law Firm can help you continue pursuing your claim and eventually receive the compensation you deserve.

How Does a Personal Injury Attorney Help with the Settlement Process?

An experienced personal injury attorney will help you navigate each step of your claim, ensuring that you receive fair compensation. Often, an insurance company will choose to pay the injured party a quick settlement if, in exchange, the victim agrees to release the insurance company from any and all claims they may have now or in the future—which could turn out to be a regrettable decision.

If the victim’s injuries are long-lasting or grow worse in the months after the accident, they will not be able to sue for the full compensation of their damages.

You should not accept a settlement offer without first consulting with an attorney. An attorney will assist you in preparing and submitting all documents with more detail to strengthen your claim and demand.

Personal injury attorneys are passionate about justice and helping their clients recover physically, emotionally, and financially. Personal injury lawyers handle a case from the first consultation through the settlement, acting as their client’s advocate and trusted advisor. They gather evidence, formulate legal theories, research case law, interview witnesses, and counsel their clients, navigating the obstacles of the complicated legal system and insurance companies.

Who Are the Best, Most Reliable Personal Injury Attorneys in New Orleans?

Hands down, the answer is Breaux Law Firm. At Breaux Law Firm, we offer personalized care and attention for personal injury. We are experienced in the ins and outs of claims, settlements, and dealing with insurance companies in New Orleans and Louisiana

But most importantly, we have achieved powerful results for our clients, helping them receive full and fair compensation after an auto accident or other types of personal injury case. 

Our motto and mission statement is “Personal Care for Personal Injury.” We prioritize our clients and go the extra mile to make sure you feel comfortable, respected, listened to, and cared for. 

If you’d like to discuss your case, reach out to us today or call us at (504) 882 0552 today for your free consultation.