Baton Rouge Car Insurance Claim Lawyer

Car Insurance Claim Attorney in Baton Rouge, LA

After you’ve been in a car wreck, you’re probably focusing on the pain you’re suffering, healing from your injuries, and worrying about hospital bills and lost wages. The last thing on your mind is trying to convince your insurance company to do what is right and help you pay for your losses. When you work with a Baton Rouge car insurance claim lawyer, they deal with an insurance company for you, protecting your rights and peace of mind.

Diligent and Compassionate Attorneys in Baton Rouge

Insurance companies frequently make quick offers of settlements that are far below what victims actually need to fully heal from their injuries or move on with their lives. That’s why our Baton Rouge car accident attorneys are ready to help you collect the compensation you deserve from your insurance.

We assess the true value of your damages, the cause of the accident, and other important information needed to negotiate a fair settlement. If the insurer won’t deal with you fairly, we can take your case to court to get the compensation you are owed. Our firm has fought for the rights of our clients for over 30 years, securing a total of over $250 million in compensation. Contact our team at Murphy Law Firm to book a free consultation today.

Damages and Injury Costs in Car Accidents

In Louisiana in 2024, serious suspected injuries in car accidents cost over $176,300, while minor suspected injuries cost nearly $45,800. Fatal injuries cost nearly $2 million. In 2023, in the United States, according to the Centers for Disease Control and Prevention, the average cost of vehicle occupants was:

1. $98,153 for occupants who needed a nonfatal emergency department visit
2. $266,728 for occupants who required hospitalization

These values were per person and included medical costs, work loss costs, and quality of life costs.

Negotiating Compensation With Insurance Companies

Figuring out what damages are included in your claim depends on several variables. This can easily become the most complex part of an auto accident claim, and it’s the part that insurers are most likely to give pushback on. Our car insurance claim lawyers at Murphy Law Firm know how to make the insurance company treat you fairly after a collision.

Insurance companies are in the business of making money, not helping you heal from your injuries. They’ll likely offer an initial settlement that’s much lower than what you need or are entitled to.

That’s why you need an experienced car wreck lawyer to help you itemize your damages and build a case. If you were in a motor vehicle accident while uninsured, one of our car insurance claim lawyers can offer guidance in paying for medical bills, damages, lost wages, and more. Contact us for a free consultation now.

Calculating “Special” Damages

Special damages, or economic damages, can be the easiest to pinpoint because they are generally proven by proper documentation, making it easier to sort out compensation. Special damages can include the following:

• Accident-related medical expenses, both past and future
• Lost wages, both past and future
• Funeral or burial expenses (for a wrongful death claim)
• Vehicle or property damage

To prove your special damages, you’ll still need to provide documentation of your injuries, lost wages, hospital bills, and other expenses. Usually, the receipts or invoices of these costs will suffice. Your auto insurance lawyer will help make sure you have all the documentation you need to make your case as strong as possible.

Experienced trial attorneys are familiar with the intricate and tricky rules for proving special damages, even when health insurance, Medicare, Medicaid, Tricare, or Veterans Affairs (VA) has paid for some treatment.

Lost wages and loss of earning capacity can also be intricate and tricky. A business owner, independent contractor, or a client with a side hustle may have difficulty accounting for their specific past and future lost wages. An experienced trial lawyer knows how to present these claims to the insurance company.

An attorney can also help if you are found at fault for a crash. If someone sues you for a car accident in Louisiana, your attorney will help determine the full extent of these losses and advocate for fair compensation. They can also handle the complexities of your case to ensure you’re not taken advantage of during the claims process.

How a Car Accident Attorney Near Me Calculates “General” Damages

Think of general damages as intangible, also called non-economic damages. They cannot be easily calculated with a mathematical formula and are a product of more art than science. General damages can include:

• Pain and suffering in the past, present, and future
• Mental anguish
• Disability
• Loss of enjoyment in life
• Loss of consortium, or the relationships you had with loved ones

In Louisiana, insurance companies generally calculate general damages using a method that depends upon the injuries, diagnosis, and prognosis.

Importantly, general damages are what make your case about you and your unique damages. Two people with similar injuries and roughly equivalent medical bills may be entitled to vastly different general damages.

You need a car wreck lawyer with courtroom and trial experience who can advise you on expected trial outcomes. This helps make sure the insurance company treats you fairly.

Punitive Damages

Finally, punitive damages are awarded in order to punish the defendant and prevent them from being so negligent in the future. Punitive damages are rarely awarded, and only in extreme cases of neglect or wrongdoing. This is why you need a lawyer on your side to help convince the insurance company or a jury that punitive damages should be awarded.

Dealing With Insurance Bad Faith?

Insurance companies handle thousands of clients’ cases daily. While some may not act with ill intent, mismanagement is bound to happen whether it’s purposeful or not. If you suspect you might be eligible to bring a case against an insurance company for acting in bad faith, such as a denied insurance claim without a valid justification, here is everything you need to know:

What Is Insurance Bad Faith in Louisiana?

Bad faith insurance occurs whenever an insurance company fails to properly handle a client’s claim.

There are many scenarios in which an insurer can mishandle a claim:

1. Denying a claim without justification
2. Conducting poor communication
3. Delaying payout without reasonable cause
4. Failing to execute a proper investigation

Under Section 22:1892 of Louisiana law, in most bad faith cases, insurers must:

• Start the loss adjustment process within 14 days of being notified or 30 days for cases with catastrophic loss.
• Provide a settlement offer within 30 days of receiving proof of loss.
• Hand over the full amount owed, including whatever is not being disputed, within 30 days.
• Pay settlement within 30 days of a written agreement.

Why Is It Important to Pursue This Kind of Claim?

No one should have unjust obstacles thrown their way after dealing with something as traumatic as a collision. Healing should be your number one priority, and you are owed peace during recovery alongside monetary compensation.

Other than getting well-deserved justice, here are three reasons why you should pursue a bath faith insurance claim:

1. Compensation. If you are filing a bad faith claim, you were likely not given the right amount of money that was owed. Filing a claim will ensure that you are given the correct compensation that you should have received in the first place.
2. Reimbursement. When trying to obtain the money you were initially owed, there will be more legal fees, and pursuing your claim will cover those costs.
3. Accountability. At the end of the day, deciding to pursue a claim against a corrupt insurer will hold them accountable for their wrongdoings against you and likely many others who have been in your shoes.

Why Do I Need a Baton Rouge Car Accident Attorney?

If you or a loved one has been in a Baton Rouge car accident or any Louisiana wreck, the last thing you want to think about is figuring out how to convince the insurance company to pay fairly for your injuries. You need to focus on healing from your injuries and moving on with your life. Negotiating with insurance companies can be tricky, and even more so if you’re dealing with a bad-faith insurer.

You’ll need a lawyer with the experience and knowledge to ensure that your insurance company is providing you the compensation you need to heal, and if they’re acting in bad faith, that they’re held accountable.

FAQs

Q: What Is Important for Me to Do Right After a Car Accident to Protect My Insurance Claim?

A: Immediately after a car accident, to protect your insurance claim, it’s important that you report the accident, that you don’t admit fault, and that you do not interact with any insurance companies.

Reporting the accident ensures there is third-party confirmation of the accident and an initial assessment of the cause of the crash. It also ensures that injured individuals get medical treatment. This protects your well-being and connects your injuries to the accident.

Q: How Can a Baton Rouge Car Insurance Claim Lawyer Help if My Claim Is Denied or Undervalued?

A: If your car insurance claim is being denied or undervalued, a Baton Rouge lawyer can help fight for you and deal with the predatory tactics used by the insurance company. If the company claims you were not severely injured, an attorney can gather medical documentation, professional medical opinions, and other evidence to counter this. If an insurer claims you were at fault, an attorney can fight to limit your percentage fault or show that you were not at fault.

Q: What Evidence Is Necessary to Support a Successful Car Insurance Claim?

A: The evidence necessary to support a successful car insurance claim is that the other driver acted negligently, breaching the duty of care they owed you, and this led to the accident and your damages. Evidence that proves this varies, but often includes a police report, third-party footage of the accident, photos and videos you took of the aftermath of the crash and your injuries, cell phone records, eyewitness statements, and more.

Q: How Long Do I Have to File a Car Insurance Claim or Civil Claim in Louisiana?

A: There are different time limits to file a car insurance claim or civil claim in Louisiana. A civil claim has a deadline called the statute of limitations, while a car insurance claim must usually be filed as soon as possible after a crash. While negotiating a car insurance claim, you need to be aware of the civil statute of limitations, because you may need to file a civil claim if there isn’t a fair settlement found in negotiations.

Contact Murphy Law Firm in Baton Rouge

If the insurance company refuses to treat you fairly, you need a lawyer with courtroom and trial experience to position your case for trial while working toward a settlement.

Murphy Law Firm can handle both these types of claims and more. We’ve been a Louisiana law firm representing car accident injury victims for decades, and we know what it takes to hold the people responsible for your injuries accountable for their actions. Give us a call today, or book a free consultation with one of our lawyers.

Your Path to Legal Resolution Starts with Murphy Law Firm.

When you choose Murphy Law Firm, you gain access to a team of experienced attorneys with a proven track record of success. We understand the importance of trust, and we strive to build lasting relationships with our clients by delivering exceptional results.

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