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How Long Should My Car Accident Settlement Take?

Waiting on Car Settlement

Car accidents are emotionally and physically taxing events, compounded further by the complicated process of seeking financial compensation for damages. 

If you’ve been injured in a car accident in Louisiana, the time it takes to settle your case can vary based on multiple factors. These include the severity of your injuries, the complexity of the case, the thoroughness of evidence gathered, and the negotiating skills of the parties involved. Time-sensitive aspects, such as Louisiana’s one-year statute of limitations for personal injury claims, add urgency to initiate the process promptly. 

At The Law Offices of Chip Forstall, we’re well-versed in this process and work diligently to fight for the compensation you deserve.

Reporting the Accident

In Louisiana, it’s imperative to immediately report any car accident resulting in injury, death, or property damage, as mandated by Louisiana Revised Statute § 32:398. Failing to do so violates state law and could hinder your settlement process.

After stopping, exchange necessary information with the other parties involved and cooperate fully with law enforcement at the scene. Prompt reporting initiates an official record of the incident, typically through a police report.

This document becomes a cornerstone piece of evidence, detailing the facts and circumstances surrounding the accident, and is invaluable when negotiating settlements or if legal action is required.

Gathering Evidence

Collecting robust evidence is vital for fortifying your car accident settlement case.

Make it a point to photograph the accident scene from multiple angles and capture images of any skid marks, vehicle damage, or roadway conditions. Gather contact details and secure statements from any witnesses at the scene.

Secure copies of medical records, doctor’s notes, and bills, which corroborate the extent of your injuries. The goal is to assemble a compelling package of evidence to strengthen your negotiation stance.

In Louisiana, the comparative fault rule, as per Civil Code Article 2323, can reduce your compensation based on your percentage of fault in the accident. Therefore, a well-documented evidence file becomes crucial, as it can help minimize your fault percentage, thereby maximizing your potential settlement.

Seeking Medical Treatment

Your health should always come first, making it imperative to seek immediate medical attention following any car accident. Even if you feel fine initially, certain injuries, such as concussions or internal bleeding, can have delayed symptoms.

Consult a healthcare provider for a thorough examination, and adhere to any recommended treatments or follow-up appointments. Make sure to retain all medical documentation—this includes not just bills but also diagnostic tests, MRI or X-ray results, treatment plans, and prescriptions.

This exhaustive medical record serves dual purposes; it aids your healthcare provider in tracking your recovery, and it strengthens your settlement case by definitively linking your injuries to the accident.

Seeking Medical Treatment After a Car Accident

The Importance of Having Proper Legal Representation

Navigating the maze of a car accident settlement requires expertise that the average person often lacks. Proper legal representation when dealing with personal injury claims is crucial for several reasons.

Skilled personal injury attorneys understand Louisiana’s intricate laws and can advise you on the best course of action tailored to your situation. They negotiate aggressively with insurance companies to ensure you get a fair settlement.

Legal experts also keep track of deadlines, handle all paperwork, and can represent you in court if the need arises. Simply put, quality legal guidance can significantly impact the settlement’s speed, the amount you receive, and your peace of mind during this stressful time.

Communication with Insurance Companies

Insurance companies must act in good faith in Louisiana, as stipulated by Louisiana Revised Statute § 22:1973. Reporting the accident to your insurance company and the other driver’s insurer is legally required.

However, exercise caution during negotiations since insurance adjusters are interested in minimizing payouts and may employ various tactics. They could challenge the legitimacy of your medical expenses or use Louisiana’s comparative fault rule, outlined in Civil Code Article 2323, to reduce your compensation.

Given these complexities, securing experienced legal representation can be invaluable. A seasoned personal injury attorney can help you counter these tactics, strengthening your negotiating position.

Statute of Limitations

It’s vital to be aware of Louisiana’s statute of limitations for personal injury cases.

As stipulated in Civil Code Article 3492, you typically have just one year from the accident date to initiate a lawsuit for personal injuries. This one-year window can pass quickly, especially when dealing with medical treatments, insurance companies, and other aspects of post-accident life.

Delays in starting the settlement process could risk missing this legal deadline, effectively barring you from seeking judicial relief for your injuries. Hence, early engagement with a knowledgeable attorney is advisable to meet all legal timelines.

Statue of Limitation on Car Accident Settlements

Mediation and Settlement Talks

If negotiations with the insurance company hit a roadblock, exploring alternative routes like mediation or further settlement talks is advisable.

Mediation employs a neutral third-party facilitator to guide discussions and help all parties arrive at an agreement. Settlement talks can unfold at various stages and may include multiple stakeholders, such as your attorney, insurance adjusters, and potentially other affected individuals.

These avenues can offer a less adversarial, more collaborative setting to resolve the dispute and may expedite the settlement process, saving time and resources. Therefore, keeping an open mind to these methods can be beneficial.

Secure Your Louisiana Car Accident Settlement with The Law Offices of Chip Forstall

Dealing with the aftermath of a car accident in Louisiana is a multi-layered and time-sensitive process that can leave you feeling overwhelmed. Your selection of legal representation can make all the difference.

With The Law Offices of Chip Forstall in Mid-City, Louisiana, you gain the advantage of a highly experienced team that has fought for clients’ rights for nearly four decades. We’ve recovered millions for our clients, proving our commitment to effective, individualized legal service.

Contact us at 504-483-3400 to start your journey toward the compensation you rightfully deserve. We’re not just here to offer legal advice but to fight for you every step of the way. And remember, we operate solely on a contingency fee—you won’t pay us a dime until we secure your compensation.

The Chip Forstall law offices advocate for the rights of wrongful death survivors, injured pedestrians, drivers, cyclists and more. Call us today for a free consultation.

PHONE   |    504-483-3400
FAX   |   504-483-3447

320 North Carrollton Ave, Suite 200

New Orleans, LA 70119

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