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Navigating Insurance Claims After an Injury in Louisiana

October 18, 2023

How Brandt and Sherman Can Guide You

Dealing with injuries is overwhelming enough without the added challenge of fighting with insurance companies. After an accident in Louisiana, navigating the insurance claims process is critical to protecting your rights and securing fair compensation. At Brandt & Sherman, we’ve been fighting insurance companies for over 50 years, and we know the tactics they use to minimize payouts.

Steps in the Louisiana Insurance Claim Process

Every claim is different, but most injury claims in Louisiana follow a similar path. Understanding this flow can help you know what to expect:

  1. Seek medical treatment – Your health comes first, and medical records will become critical evidence in your claim.
  2. Report the accident – Notify your insurance company promptly. Delays can complicate or weaken your case.
  3. Gather documentation – Collect evidence such as photos, bills, witness statements, and employment records.
  4. Negotiate with insurance adjusters – Expect pushback from insurers, who may undervalue your claim.
  5. Settlement or lawsuit – Many cases resolve through negotiation, but unresolved disputes may proceed to court.

Filing an Insurance Claim in Louisiana

The first step after an injury is to notify your insurance provider as quickly as possible. Waiting too long can complicate your case or even result in a denial. When filing, it’s important to act quickly and document everything thoroughly. Provide accurate details about the accident and your injuries, but avoid speculating about fault or making assumptions about how serious your injuries may be.

Just as importantly, never sign medical releases or settlement agreements without legal review. Doing so too early can limit your rights and reduce the compensation available to you. Having an attorney involved from the beginning ensures your claim is filed correctly and supported by solid evidence.

Documentation That Strengthens Your Claim

Strong documentation is one of the most effective ways to support your insurance claim. Be sure to keep:

  • Medical records and bills – Proof of injuries, treatment, and recovery.
  • Lost wage documentation – Pay stubs, tax returns, or employer statements showing missed work.
  • Accident scene evidence – Photos of the scene, vehicle damage, and contributing hazards.
  • Receipts for out-of-pocket expenses – Costs such as transportation to appointments, medical equipment, or over-the-counter medication.
  • Long-term care or rehab costs – If your recovery requires ongoing treatment, track these expenses carefully.

When presented in an organized way, this documentation makes it harder for insurers to dispute your claim.

Dealing With Insurance Adjusters After an Injury

Insurance adjusters may sound cooperative, but their job is to save the company money — not to protect you. They often rely on common tactics, such as offering quick but lowball settlements, pushing for recorded statements that can later be used against you, or downplaying your injuries to suggest they were pre-existing. Some adjusters may also delay communication in an effort to pressure you into accepting less than your claim is worth.

Our attorneys have negotiated thousands of claims and know how to counter these strategies, making sure you don’t get pushed into a settlement that leaves you short.

Pitfalls to Avoid in Louisiana Injury Claims

Many claims are weakened not by what insurers do, but by mistakes claimants make. The most common pitfalls include:

  • Giving recorded statements without legal guidance – Insurers may twist your words.
  • Accepting the first settlement offer – Initial offers are almost always too low.
  • Ignoring medical advice – Missed appointments or gaps in treatment can be used against you.
  • Posting on social media – Photos or updates may be taken out of context to argue against your injuries.
  • Signing documents too quickly – Medical releases or settlement forms can waive important rights if not reviewed by an attorney.

Avoiding these mistakes — and working with an attorney early — helps keep your claim strong.

Louisiana Laws That Affect Insurance Claims

Louisiana has unique laws that directly impact your insurance claim:

  • One-year statute of limitations – Most personal injury claims must be filed within one year of the accident. Missing this deadline can prevent recovery entirely.
  • Comparative fault system – Even if you were partly at fault, you can still recover damages, though your recovery will be reduced by your percentage of fault. In Louisiana motorcycle accident claims, insurers often try to assign more blame to riders, which makes these rules especially important.
  • Bad faith insurance protections – Louisiana law requires insurers to handle claims fairly and within a reasonable timeframe. State law (La. R.S. 22:1973) allows penalties against insurers who delay, deny, or underpay claims without good cause.

Damages an Insurance Claim May Cover

Insurance claims after an accident can involve far more than just medical bills. Depending on the case, compensation may cover medical expenses and future treatment costs, lost wages and reduced earning capacity, pain and suffering or emotional distress, property damage such as vehicle repairs, and even the costs of ongoing rehabilitation or long-term care.

For example, a claim after a serious accident might include $40,000 in medical expenses, $10,000 in lost wages, and compensation for months of ongoing pain and limited mobility. Understanding the full scope of damages helps ensure you don’t leave compensation on the table.

Why Choose Brandt & Sherman for Insurance Claims

Trying to handle insurers on your own puts you at a disadvantage. With Brandt & Sherman, you get:

  • Experience – Over 50 years of combined experience fighting insurers across Louisiana.
  • Personalized strategy – Every injury and claim is unique, so we tailor our approach.
  • No win, no fee – You pay nothing unless we win compensation for you.

Our attorneys are committed to fighting for fair outcomes and making sure you’re not bullied into an unfair settlement. You can also learn more about the different types of claims we handle across Louisiana.

Get Help Navigating Your Louisiana Insurance Claim

The insurance claims process is designed to favor the insurance companies — not the injured. At Brandt & Sherman, we know the tactics insurers use and how to push back. From filing your claim to negotiating a settlement, our team is here to guide you every step of the way. Whether your case involves a car wreck, a motorcycle crash, or another serious accident, we’ll help you navigate the process and ensure you’re not taken advantage of.

Injured in Louisiana and dealing with an insurance claim? Contact us today for a free consultation. Absolutely no fees until we win. Our Lafayette attorneys will fight to protect your rights.

Frequently Asked Questions About Louisiana Insurance Claims

How long do I have to file an insurance claim in Louisiana?

Most personal injury claims in Louisiana must be filed within one year of the accident. Missing this deadline can prevent you from recovering compensation.

Do I have to give a recorded statement to the insurance company?

No. Insurance adjusters may request a recorded statement, but it’s rarely in your best interest. Anything you say could be used against you. Always speak with an attorney first.

What damages can an insurance claim cover in Louisiana?

Compensation may include medical expenses, lost wages, property damage, ongoing rehabilitation costs, and pain and suffering. The exact damages depend on the details of your case.

What happens if the insurance company delays or denies my claim?

Louisiana law requires insurers to act in good faith. If they delay, deny, or underpay without cause, they may face penalties under state law. An attorney can help enforce your rights.

Should I accept the insurance company’s first settlement offer?

Usually not. Initial offers are often lower than the true value of your claim. An attorney can evaluate your damages and negotiate for a fair settlement.

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111 Mercury St. Lafayette, LA 70503

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