Porter & Guidry Law Firm
Porter & Guidry Law Firm
  • 100 Rue Iberville #100 Lafayette, LA 70508
  • Call For A Free Consultation

    (337) 800-1141

When Someone’s Been Injured In A Car Wreck And Believes That They Have A Personal Injury Claim, What Are Some Of The Most Common Questions And Misconceptions That They Have?

Most people that call the insurance company are hoping that the insurance will take care of everything. If you believe that just calling your insurance means everything’s going to be taken care of, you are mistaken. In some cases, you shouldn’t even call your insurance company. I often advise my clients to hire an attorney if injured. During a personal injury claim, there are a lot of details that must be navigated. This includes the coordination of medical benefits with other insurance policies that you may have available and other conditional details and requirements.

In The Aftermath Of A Car Wreck With Injury, How Do You Begin The Personal Injury Claim Process?

Initially, you must take pictures of any property damage and address any immediate injuries. Most importantly, however, get transported to a healthcare facility and receive appropriate medical attention.

Then, at the beginning of the personal injury claims process, you should cooperate with an investigating officer. Most of the time, there’s an investigating officer. Whether they are good or bad at their job is another matter. Regardless, clients should always fully cooperate in the process. Next, you must have proof of insurance. That could affect your ability to submit a claim against a tortfeasor or an offending driver. Whether you have or do not have insurance, you will also have to get all the required information about the offending party. In Louisiana, the crash report, completed by the policing agency, would contain all of this information. This helps make the process a bit easier. However, overall, there is much to navigate. Especially during a time of physical recovery and possible high stress.

For unrepresented individuals, I’ve never seen a person get a fair settlement. I always recommend at least consulting with an attorney to discover whether your claim is worth pursuing.

I Was Partially At Fault For The Car Accident That Caused My Injuries. How Is That Going To Impact My Personal Injury Claim?

In Louisiana, being at fault does not preclude your ability to file a claim. Some states have a contributory negligence law establishing that if you’re at fault in the least, it would preclude you from filing a claim. However, in Louisiana, we operate under what we call the Comparative Fault System. Here either a judge or a jury decides the percentage of fault to be allocated to each respective party. Whether the plaintiff has any fault is up to this decision. The amount of compensation for either party depends on this result.

One common misconception is that when an insurance company says you are at fault, you must accept that at face value. However, as attorneys, we can’t just take the easy cases, we have to take the difficult ones too. It may make it more difficult to settle, but it’s our job to prevent people from not getting any treatment or not receiving adequate support.

Should I Talk With The Other Party At The Scene At All? What Information Is Safe To Share At That Point?

Not everything is tactical, our humanity comes first. First and foremost, we make sure everybody’s okay. Whether you believe they caused it or not, you’d still be concerned about the other person’s wellbeing. In that respect, if you’re both able to walk around and take photos of the damages, there’s no real reason to talk to the other driver after ensuring their safety.

Details about conversations, attitudes, and comments at the scene can be relevant and useful in determining fault if the fault is ultimately an issue that has to be litigated.

For more information Personal Injury Law in Louisiana, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (337) 800-1141 today.

Porter & Guidry Law Firm

Call For A Free Consultation
(337) 800-1141

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