Houma Car Accident Settlement Process

After someone is involved in a car accident, they need to recover by getting the proper compensation they deserve. To get retribution, the injured party should contact an experienced attorney who can assist them through the Houma car accident settlement process. The settlement process is investigatory by nature, which is why it is vital to have someone who will work tirelessly by your side during the process. If you have been in a car accident, call today to schedule your consultation.

Steps to Take After an Accident

After someone is in a car wreck, they need to obtain all the facts surrounding the car crash and injuries. That includes seeking out witnesses, photographs, and crash reports. A determination will be made if this is a 100 person liability case for the injured party or whether there is some degree of comparative fault. Then there is an evidence gathering period where the injured party and the attorney gather all medical bills that had been incurred. The attorney also collects lost earnings information from the employer for anyone who has missed time from work. An evaluation is then made for settlement purposes of what sum of money is reasonable for the injured party’s claim.

Dealing with Insurance Companies

After gathering the evidence, the injured party and their lawyer make a demand upon the insurance company or insurance carrier of the person at fault. There is an exchange of offers until a final settlement sum is agreed upon. Parties can also utilize a mediation process where a mediator is used to help bring the parties together to compromise and settle the case. The insurance company entering into the settlement must pay the funds within 30 days or face extra damages.

Issues When Trying to Negotiate a Settlement

Some of the issues someone might encounter during a Houma Car accident settlement process might be whether the injured party has a permanent injury that affects their ability to earn money in the future. If the person was not employed at the time of the injury, they may run into difficulties with the insurance company resisting the inclusion of future lost earnings even though Louisiana law allows for impairment of earning capacity for the unemployed.

In Louisiana, someone who has not filed for and paid income taxes does not prevent them from making a claim for lost earnings. However, they may be exposing themselves to some form of sanction or criminal penalty by alleging under oath that they have not paid taxes or filed tax returns.

Another issue that a person might encounter is the lack of a credible medical expert who can give testimony as to someone’s future injuries. Other issues include encountering someone who is at fault and not willing to pay fair value.

What Else to Know About Settling a Claim

It is important in the Houma Car accident settlement process for someone to be aware of all potential parties involved who could be responsible. If someone is involved in a car wreck and the party at fault is willing to pay them the policy limits, the receipt and release agreement should be examined closely. Most of the time, a general receipt and release will not only absolve the insurance company or at-fault party, but also any other potential party that could have been responsible. An attorney can help a person by reviewing a settlement document to make sure that the settlement is limited to the actual people at fault, their insurers, and no one else.

It is also important to examine the automobiles involved in any car accident in order to see if there were any product defects responsible for the accident. These situations create a potential area of recovery called product liability. Another issue to look at is whether the roadway or bridge had anything to do with the crash and injuries.

An Attorney Can Help With the Houma Car Accident Settlement Process

Houma car accident attorneys possess a lot of experience in settlements and bringing cases to court. They know how to present the case to maximize the benefit to the injured person. If you have been in a car collision and would like to file a claim, you should contact Kopfler & Hermann today to get started on your case.