Immediately after an auto accident, you should contact law enforcement about the incident, politely exchange insurance information with the other driver, and, if it is safe to do so, take photos of the damaged vehicles. It is also best to notify your own insurance company about the accident as soon as you are able, especially if your vehicle needs to be towed.

Of course, if you are injured, you should seek necessary medical treatment. We recommend that our clients continue treating until either they have fully recovered or their doctor releases them from care.

Finally, we strongly encourage our clients to save all of their documents connected to the accident, such as photos, receipts, and medical bills, in an easily-accessible folder.

You should generally reach out to the insurance company of the at-fault driver about the claim as soon as possible.

However, keep in mind that the prescription period for personal injury cases in Louisiana is one year. This means you must generally file suit within one year of the date of injury. Failure to do so means that you lose all rights to compensation for the damages sustained as a result of your accident.

This is unfortunately a common question that applies to a variety of scenarios, such as hit-and-run accidents or individuals whose damages are much higher than the offender’s policy limits. Generally, we try to help our clients look for other sources of compensation, such as uninsured motorist coverage.

If you have a pending insurance claim connected to the accident, some health care providers will place a lien on all or part of your future settlement from that claim. This means that if you receive money from the insurance company, the doctor will be entitled to a certain amount of that award or settlement to reimburse him for the treatment he provided to you.

First, you should not feel pressured to settle your claim unless you are confident that you are receiving just compensation for your damages.

In making this decision, you should consider whether all of your “special damages,” such as medical bills, expenses for car repairs, and lost wages, are fully covered as part of the settlement offer. Additionally, in Louisiana, you may be compensated for “general damages” that cover non-economic losses, such as pain and suffering, mental anguish, and disfigurement.

Because it is difficult to calculate a reasonable settlement, we recommend seeking guidance from an experienced attorney before making such an important decision.

Personal injury attorneys generally charge a “contingency fee,” meaning their payment is based on the outcome of the case. This means that if the case is lost, then the attorney doesn’t get paid. This is where the typical “we don’t get paid if you don’t” catchphrase used by attorneys comes from.

However, if the case is won or settled, the attorney receives a percentage of the final award. The standard contingency fee for personal injury cases in Louisiana is 30% of the total damages.