The law doesn’t set a standard to determine the value of personal injury claims. Multiple factors could impact how much compensation you receive for your personal injury claim in Louisiana. Insurance companies want to avoid paying you, and they will go to any extent to devalue or delay your claim.
Personal injury claims are unique, and it is crucial to seek the advice of a qualified Louisiana personal injury lawyer to ensure you receive the best guidance and support to recover the compensation you are entitled to under the law.
The value of a personal injury claim can be affected by several factors. Some of them include:
The Severity Of Injuries
The severity of your injuries determines your claim’s value.
Medical professionals determine the severity of your injuries by assessing the damage’s extent and the likely recovery time. Medical records and reports are an essential part of any personal injury claim, as they provide evidence of the scope of the injury and its impact on the victim’s life.
Usually, injuries are apparent after your accident or from a follow-up medical examination. But, in some cases, symptoms of the underlying injuries can take time to be detected.
Recovery Period
Longer recovery time often suggests that the victim has had to miss work or incur expenses related to their injury, such as ongoing medical treatment and physical therapy.
The inability to work can make paying bills and supporting your family challenging.
Severe injuries often require months of medical treatment, physical rehabilitation, therapy, and strict adherence to physicians’ prescriptions and medical treatment plans.
In some cases, a victim with catastrophic injuries may never fully recover, which can result in a higher compensation award.
Impact On Finances
The purpose of compensation is to get you back to the position you would be in had you not had the unfortunate accident. Damages may, therefore, also reflect the future impact of your injuries on your finances.
Physical or psychological injuries may have left you unable to work, and loss of mobility may mean you must move or make home modifications to adapt.
Insurance Policy Limits
The majority of personal injury cases get resolved through settlements with insurance companies.
Most personal injury claims don’t go to court because it makes more sense to save time and money through settlement offers. However, some insurance policies can limit the value of a claim significantly. If the insurance company refuses to cover any damages caused by the at-fault party, you may need to take additional legal measures against them.
Medical Evidence
In personal injury claims, the injured party has the burden of proof to establish that the at-fault party caused the injuries. Proving fault requires medical evidence. Medical evidence can prove that you were physically injured and that your injury caused you a significant amount of pain and suffering or mental anguish.
Insurance companies require accurate and robust documentary evidence before providing adequate compensation.
A personal injury lawyer at Bart Bernard Injury Lawyers will guide you to collect all hospital bills, prescriptions, medical records, diagnosis records, and treatment plans. The higher your medical bills, the greater the compensation the insurance company offers. Our personal injury law firm in Louisiana can also secure expert witnesses’ services to support your case. Your settlement should account for the medical costs you have paid for and will keep incurring.
Fault And Liability For Injuries
Even if your injury case seems straightforward, it is important not to assume that recovering compensation will be easy. In most personal injury claims, the most negligent party is at fault. But frequently, all parties involved share some responsibility for an accident.
Louisiana operates under a pure comparative negligence system, which means that an injury victim can still recover compensation even if they are partially at fault for the incident. The victim’s percentage of fault will determine the compensation they receive.
The Extent Of Pain And Suffering
Most personal injuries can have a lasting effect beyond medical expenses and property damage.
Pain and suffering is an extensive term covering a wide array of physical and emotional consequences of an accident.
Pain and suffering refer to the physical pain a victim has undergone and will continue to endure due to their injury.
It is difficult to measure the level of a victim’s fear, anxiety, stress, sleeplessness, and other types of suffering they may sustain due to the injury. Attorneys use a multiplier method to add up all of the economic damages and then multiply this by a set number (usually a number ranging from 1.5 to 5) to reach a figure for pain and suffering.
Louisiana Prescriptive Period (Statute Of Limitations)
The standard time limit for Louisiana personal injury lawsuits is one year from the date of the injury. Louisiana has one of the shortest statute of limitations periods in the country. You only have one year to file a personal injury lawsuit in Louisiana.
Personal injury claims require gathering all the evidence, figuring out an accurate total for your financial compensation, and hiring a personal injury attorney who can represent your best interests before filing a lawsuit to get the maximum amount of damages available for your case. If you choose to wait until the last minute, you risk optimum recovery of compensation. However, the last thing you want to do is file too early.
If you file too early and settle too fast, you may take advantage of the desperately needed compensation. Once a claim gets resolved, the defense and the insurance companies are not obligated to pay you further.
Legal Representation
It is a fact that who you hire as a lawyer almost always makes a difference in the recovery you obtain in a personal injury case, whether by settlement or a trial.
The biggest challenge of pursuing a personal injury claim is determining how much your claim is worth. An experienced Louisiana personal injury lawyer can evaluate the evidence and help you understand the potential value of your case.
Your lawyer can negotiate to ensure you receive fair compensation for your injuries. At Bart Bernard Injury Lawyers, our lawyers have the experience and knowledge to stand up to aggressive insurance companies and fight for your rights.
The compassionate lawyers at our Louisiana personal injury law firm can provide emotional support during this difficult time by answering all your questions, providing guidance, and helping alleviate some of the stress and anxiety that often comes with pursuing a personal injury claim.
Louisiana personal injury attorney Bart Bernard has represented hundreds of citizens in the Pelican State from every walk of life. He has gone toe to toe with the largest corporations, healthcare providers, insurance companies, and defendants. His strength is not that his long track record of success includes numerous significant settlements and jury verdicts in Louisiana but that he fights for his clients as if they are all family.
Attorney Bernard’s work in high-profile and incredibly challenging cases across the South has earned him high praise from clients and opposing counsels.
If you or a loved one have suffered injuries from someone else’s negligence anywhere in Louisiana, don’t hesitate to contact Bart Bernard Injury Lawyers. Our experienced personal injury lawyers can help you understand your legal options and fight for fair and just compensation.
Contact us right away for a complimentary case review.
