Recently, a publication found that drivers in Louisiana are more likely to sue following an accident than motorists in other states. The author hypothesized that this is partially due to how state law is structured; allowing drivers to directly sue insurance companies, and all claims that are $50,000 are below going directly to settlement or in front of an elected judge who is on the consumer’s side.
In personal injury settlements, the value and outcome of a potential case is going to be heavily dependent on the facts involved in the incident: the injury/injuries suffered, how much they cost the victim, and your attorney’s ability to prove that the defendant was at fault and their actions resulted in your injury.
Determinative Factors
There are several determinative factors involved when dealing with personal injury settlements and cases, all of which directly affect your ability to be compensated for your injuries:
- Fault: Louisiana follows the theory of comparative negligence, whereby any fault you had in the accident (and this in your injury/costs) decreases how much you can be compensated by your percentage of fault
- Causation: Your ability to prove that the defendant actually caused the accident which led to your injuries will affect any damages or personal injury settlements that you can receive
- Costs of the accident: These includes medical bills, pain and suffering, lost wages, any permanent disabilities, etc.
- Insurance policies involved are also very important; Louisiana state law prohibits uninsured drivers from collecting first $25,000 in property damages and first $10,000 in personal injury damages, regardless of fault. Drivers in the state must carry minimum coverage of $15,000 per person, $30,000 per accident, and $25,000 for property damage (i.e. to car) in their coverage
- Also note that, in deciding whether to bring or settle a lawsuit in a medical malpractice case, Louisiana caps damages that can be received in medical malpractice cases at $500,000
- How Long Has It Been Since the Accident? The Statute of Limitations (or rather, time limit on how long you have to file a lawsuit after the incident occurs) is only one year in personal injury suits in Louisiana. It is important to keep this in mind even if you and your attorney have decided to pursue personal injury settlements
Know Your Rights
If you are pursuing a settlement where personal injury and medical bills are involved, it is important to keep the following in mind:
- Your attorney must represent your best interests
- You can settle before or after a lawsuit
- Any settlements require your permission first
- Your attorney is not paid until a settlement is reached
- Health care companies can be reimbursement for bills out of the settlement fund
Harrell & Nowak Have Significant Experience in Settlements
As experienced attorneys, Shirin Harrell and Eric Nowak have handled many cases that resulted in million-dollar settlements and verdicts for their clients. Our personal injury and accident attorneys serve clients throughout Louisiana, handling many types of claims, including auto accidents, medical errors, premises liability, insurance disputes, and others. Contact our New Orleans office today to discuss your concerns with us.