Thousands of people are injured each year in car accidents throughout Louisiana. Many of those accident victims have never been in a car accident; therefore, they have never been required to deal with an insurance adjuster to settle a car accident claim. It is important that injury victims understand some basic facts about car accident claims.
You do not receive money until your case is settled.
Some people believe the insurance company for the other driver pays their medical expenses as those expenses are incurred. This is not correct. The insurance company for the other driver is not required to pay anything until the case is settled. Therefore, you must pay the expenses yourself or file the claims with your health insurance carrier or your own automobile insurance company.
You must pay back your health insurance or automobile insurance company when you settle your case.
If your health insurance provider or your automobile insurance company pays medical expenses related to the accident, you are required to reimburse the company for those payments when your case is settled. A NoLA personal injury attorney can help you with subrogation claims, the term used to describe the money owed to another insurance provider. In cases of catastrophic injury where the settlement does not cover the full value of the claim, your attorney may be able to negotiate a reduction in the subrogation claim.
You can file a car accident lawsuit at any time.
You can file a car accident lawsuit as soon after the crash as you feel necessary to protect your right to recover compensation for your injuries. However, your time to file a lawsuit is limited by Louisiana’s statute of limitations. You have one year from the date of the accident to file your lawsuit. If you do not file the lawsuit within one year, you lose your right to seek compensation from the other driver.
A personal injury claim can be settled very quickly.
The insurance adjuster for the other driver would like for you to believe this because the sooner your claim is settled, the greater chance that the insurance company will not be required to pay more money. If you accept a quick settlement, you may end up paying additional medical bills out of your own pocket. Settling a personal injury claim before you have fully recovered from your injuries is not in your best interest. If you settle the claim and find out later you have additional injuries, you cannot go back to the other party to demand additional money.
You may be entitled to more compensation than the insurance adjuster tells you.
Most people know that if they are injured in a car accident, the other driver’s insurance company pays to repair their vehicle and it pays their medical bills. However, you may be entitled to additional compensation, but the insurance adjuster is not going to tell you this. It is his job to limit the amount of money the company must pay to settle your claim.
In most car accident claims, the injured person is entitled to receive compensation for:
- Medical expenses (past, present and future)
- Lost wages (past, present and future)
- Property damage
- Loss of earning capacity, if you cannot earn the same amount of income you did prior to the accident due to your injuries
- Loss of enjoyment of life
- Scarring, permanent disability, and disfigurement
- Mental anguish, emotional stress, and physical pain
- Physical therapy, long-term medical care, and long-term personal care
You may also be entitled to recover additional compensation depending on the facts in your case. Our New Orleans car accident attorney will discuss this in greater detail during a free consultation.
Contact A New Orleans Car Accident Attorney For More Information
If you have questions about a car accident lawsuit, contact The Olinde Firm to schedule an appointment with a NoLA car accident attorney. Contact our office at (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation.