Hurt in an accident in Baton Rouge or elsewhere in Louisiana? Whether you were hurt in a car crash, a slip and fall, or an accident on the job, it is imperative that you have access to all of the resources that you need to get medical care and pay your bills. You may be entitled to compensation through a legal claim—and that typically means seeking a settlement.
At Babcock Injury Lawyers, we handle personal injury claims and workers’ compensation claims. Our attorneys want to make sure that you have the knowledge and resources to seek the maximum settlement. In this article, you will find an overview of strategies for maximizing your financial recovery in a personal injury claim or a workers’ compensation claim.
Background: Most Claims Settled, Litigation Relatively Uncommon
Your personal injury claim is probably not going to end up at trial. Along the same lines, your workers’ comp case would also be unlikely to go to trial. While litigation is possible in any claim, and a trial-tested attorney is a valuable resource, the reality is that a far higher share of claims are settled outside of the courtroom. As explained by the Legal Information Institute, a settlement is “an agreement that ends a dispute and results in the voluntary dismissal of any related litigation.”
In both personal injury cases and workers’ comp cases, it means that the injured victim has agreed to financial compensation in exchange for giving up the right to take legal action. Indeed, a settlement will almost certainly include language that “releases” the defendant from liability. With very narrow exceptions—such as for cases involving fraud—a personal injury settlement cannot be reopened. That means you need to make sure you are getting the best offer before agreeing to settle.
Four Strategies that Injured Victims Can Use to Seek the Maximum Available Settlement
- Seek Immediate Medical Attention for Any Injuries and Attend All Follow-Up Appointments
Your health and well-being are the top priority. After an accident, you need to see a doctor. Your health should always be the top priority after an accident—delaying medical care can worsen injuries and weaken your claim. Why is this also considered to be a “strategy” for the purposes of a personal injury claim or a workers’ compensation claim? The reason is that the insurance companies look for any reason to deny or minimize payouts. A delay or gap in treatment can be used against you in the claims process in an effort to downplay your injuries and reduce your financial compensation. Seeking immediate medical attention as soon as possible creates a documented record of your injuries—and that is crucial for proving the severity of your injuries and the extent of your damages. A strong medical record strengthens your personal injury/workers’ comp claim.
- Carefully Document Your Accident and Your Injuries (Evidence is Key to All Claims)
Evidence is the foundation of any strong legal claim. Personal injury cases and workers’ compensation cases are certainly no exception to the rule. Medical records are a foundational form of evidence—but a wide range of other evidence is relevant as well. For example, you should be prepared to prove liability—especially if you are bringing an at-fault personal injury on the basis of negligence. Every serious accident in Baton Rouge requires a thorough investigation. You should take photos and videos of the accident scene and secure the contact information for any person who witnessed the incident. An attorney can help you put together a strong, well-supported legal case.
- Do Not Rush Through the Settlement Process (Know Your Right to Negotiate)
One of the best strategies for personal injury and workers’ comp settlement negotiations is also one of the most straightforward: Be patient. Most people want to get a settlement as soon as possible so that they can pay their bills and move forward with their life. It is an impulse that is entirely understandable. At the same time, the insurance companies that are on the other side of these cases are well aware of this basic fact. They often lead with low, unfavorable settlement proposals. You have the right to negotiate for additional financial compensation. A settlement should generally not be finalized until the full extent of your injuries and future medical needs are known. Remember, once you accept a settlement, you typically cannot go back and ask for more compensation.
- Work With Defendants/Insurers Through an Experienced Attorney
Personal injury claims and workers’ compensation cases are complicated. Insurance companies have teams of adjusters and lawyers working to minimize payouts—injured victims should have experienced legal representation to level the playing field. A top-rated Baton Rouge personal injury lawyer can review your case, investigate your accident, represent you in settlement negotiations, and develop a strategy focused on helping you secure the absolute maximum financial compensation. Your lawyer can handle all communication with insurers. You do not have to do anything directly. It is your right to work with insurance adjusters through your attorney.
Special Considerations for Workers’ Compensation Claims: Workers’ comp claims are different from other types of personal injury cases. In Louisiana, workers’ comp operates under a no-fault system. That has big implications for a claim. Injured employees can receive benefits regardless of who caused the accident. However, unlike personal injury claims, workers’ comp does not provide compensation for pain and suffering. Further, it puts some additional obligations on the injured victims—such as the requirement that injured workers must report their injuries to their employer within 30 days of the incident. Louisiana law requires employers to cover all reasonable medical expenses and a portion of lost wages through temporary or permanent disability benefits. Still, in some cases, disputes can arise, and a settlement may be required to resolve the case.
We Help Injured Victims Maximize their Settlement in Louisiana
At Babcock Injury Lawyers, our Baton Rouge personal injury and workers’ comp attorney is committed to helping victims and families secure the absolute greatest possible financial recovery. Contact us today for a free, no-obligation case review. With offices in Baton Rouge and Ruston, we help injured victims fight for the maximum settlement throughout the wider region of Louisiana.