How do I pay for attorney fees in a personal injury claim?
In Louisiana, almost all attorneys handling personal injury claims charge a contingency fee, meaning the law firm charges a percentage of any monies recovered on your personal injury claim. The law firm takes the risk of financing your costs and ensuring you are provided medical care for your injuries.
How do I pay for medical care associated with my personal injury claim?
There are many different factors to consider on how to pay for medical care associated with your personal injury claim, especially since Louisiana’s recent enactment of various statutes which have changed the amount of your medical bills which are recoverable in your case when using either Medicaid, Medicare, or your private health insurance. In many instances, it is to your advantage in your claim to utilize other structures for medical care to ensure you maximize recovery in your case. Having a skilled personal injury attorney familiar with all the above is key ensuring your claim is properly managed and maximize your possibility for recovery.
How do I know what my personal injury claim is worth?
Your claim’s value is somewhat connected to the extent of your injuries and the amount of medical treatment you have received. Additionally, your claim’s value is connected to a study of “quantum,” which shows what other similar cases and injuries have either been paid through settlement or jury verdict. An experienced personal injury attorney should have a good understanding of the venue of your claim, quantum, and a range of possibilities for what could or could not happen at trial if your claim does not settle to give you a range of the value of your personal injury claim once you have reached maximum medical recovery.
Will my personal injury claim go to court or settle before filing suit?
Most personal injury claims settle before a suit is filed. However, depending on the circumstances of your injury and the collision, it is possible you will have to file suit. This is typical because many claims with more serious injuries and, thus, higher value, end up going through the litigation process to force the insurer to fairly compensate you for your injuries.
How does making a personal injury claim affect my insurance costs?
If you are not at fault for the collision, it should never affect your insurance. Making a claim on the other at-fault driver’s insurance should not affect your insurance, and it is illegal in Louisiana for your insurance company to raise your rates if you make a claim against your uninsured/underinsured coverage in your insurance policy.
Am I required to have insurance coverage on my vehicle to make a personal injury claim?
No. Under Louisiana’s “No Pay No Play” statute, you are not precluded from making a claim for injuries if you do not have insurance. You are only precluded from the first $15,000 in personal injury damages and the first $25,000 in property damages to your vehicle.