Following a personal injury, your financial stability could be endangered. Anyone facing financial hardships may be wondering how to get the most out of a personal injury settlement in Lafayette, LA. While no two personal injury cases are ever the same, certain steps can generally help clients secure the most compensation, based on Lafayette personal injury laws.
Before you can hold someone accountable for harming you, your attorney must determine who is legally responsible for causing your injury. An injury claim usually involves one party harming another through negligence or misconduct. In certain cases, the property owner could be liable.
In 2022, Louisiana recorded 10,274 hospitalizations due to unintentional falls, making falls the leading cause of non-fatal injury statewide. Misconduct through assaults can also lead to civil liabilities for assailants. The U.S. saw a 31% rise in nonfatal assaults between 2015 and 2022, particularly among adults over 60.
In Louisiana, injury claims may be filed in courthouses such as the Acadia Parish Courthouse in Crowley, the Lafayette Parish Courthouse, or the 15th Judicial District Court, depending on the case’s location and jurisdiction. Anyone seeking to establish liability should focus their efforts on gathering evidence to support their claim.
Evidence is the foundation of any injury claim in Louisiana. Without it, insurance carriers may not make settlement offers, and the courts won’t consider hearing your injury claim. Often, medical records have an important role in establishing that someone suffered serious medical harm.
Other forms of evidence that can help an injured victim claim compensation include photos, videos, witness statements, and the victim’s own account of the incident. Outside consultants may be brought in to provide objective feedback and analysis. This can determine what may have happened and who may be at fault.
Louisiana follows a pure comparative fault system under Civil Code § 2323, meaning compensation is reduced by a person’s percentage of fault. Even if you are mostly responsible for an accident, you can still recover damages.
For example, a $100,000 award becomes $60,000 if you are 40 percent at fault. Courts like the Acadia Parish Courthouse apply this rule in injury cases, making fault allocation a key factor in determining the final compensation amount. To reduce your risk of losing compensation to comparative fault laws, hire an attorney. They can defend you against false accusations that you largely caused the injury or had any major role in it.
If you want to maximize your compensation, you must understand the difference between compensation from an insurance claim and a civil claim in court. Insurance claims can lead to considerable compensation, but they are often limited by insurance caps. If the at-fault party is underinsured or uninsured, you may need to work with an attorney to pursue compensation through the courts, which allow for substantial claims with minimal restrictions.
Of all the choices you make following a personal injury, the decision to hire a personal injury lawyer is one of the most important measures you can take. A personal injury attorney focuses on recovering compensation for victims through the civil courts. They can handle the complexities of your case while working to maximize the size of the settlement you ultimately receive.
Personal injury lawyers are skilled investigators, adept negotiators, and experienced litigators who can leverage the justice system to your advantage. With their advocacy, support, and guidance, you can hold the at-fault party accountable for the harm they caused, both emotionally and physically.
In Lafayette, LA, your lawyer can advise you on the necessary steps to build a strong case that ultimately leads to fair compensation. These often include gathering strong evidence, witness accounts, and clear accident photos.
Following your medical treatment plan can also help by showing that your injuries were substantial. Try not to rush into accepting an early settlement that could undervalue your claim.
The amount you can get for pain and suffering in Lafayette, LA, depends on how badly you were hurt and whether you suffer from:
Attorneys can rely on unique formulas to calculate the value of pain and suffering. Non-economic damages can add significantly to the size of your settlement.
To get the most out of a personal injury claim, document every detail of the incident and its resulting injuries. Seek medical attention promptly, and follow all treatment plans. Keep a journal describing symptoms, missed work, and lifestyle changes. Avoid discussing your case publicly or on social media. Importantly, consult an experienced attorney who can protect your rights and fight to secure the compensation you are owed.
A reasonable settlement should financially restore you following a personal injury. It should cover all your:
You are under no obligation to accept a settlement offer that does not fully compensate you for your losses. Waiting for a better settlement or for a court to weigh in on the matter can often lead to the compensation you truly deserve.
Maximizing a personal injury settlement requires more than just submitting a claim. It requires working with an experienced injury lawyer who understands what it takes to hold at-fault parties accountable for the harm they caused.
With decades of trial and settlement experience, Chris Villemarette, Trial Lawyer, understands how to calculate damages, counter lowball insurance offers, and position your case for the strongest possible outcome. Don’t leave your recovery to chance. Contact our office today to schedule your consultation. Put our proven legal experience to work in securing the compensation you need to move forward.