Understanding Louisiana’s intricate personal injury laws can be daunting for those not well-versed in legal matters. One of the reasons these cases are challenging is the settlement negotiation process; insurance companies can be difficult. However, the majority of personal injury cases are resolved out of court, as insurers often prefer to avoid litigation.
Whether your case will go to court or not, you need to be familiar with the negotiation process to be effectively prepared. This article serves as a guide to settlement negotiation in Louisiana and how to prepare for it.
Before Negotiations
To ensure the negotiations go smoothly and are in everyone’s best interests, especially the victims’, both sides must prepare. In personal injury cases, the burden of proving negligence falls heavily on the plaintiff, who is the victim of the alleged negligence. Therefore, here are things to put in place before the settlement negotiation starts:
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Get Your Burden of Proof Ready
You are looking to be compensated by the at-fault party for causing you harm, which you cannot do by simply asking. To get the compensation you deserve, you must present irrefutable evidence that shows the defendant’s liability.
Therefore, you must investigate the accident, your injuries, and everything else related and put every piece of evidence in one place. Thus, get the statements of eyewitnesses, take pictures of your injuries, the accident scene, and your damaged property, and obtain your medical records.
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Retain Competent and Experienced Legal Counsel
While you are not obligated to retain a lawyer to help with your case, you might want to. You need their experience and knowledge to deal with insurance adjusters, especially when the defendant is refuting your claim. Therefore, look for a Louisiana personal injury attorney with experience in your type of case to help.
During Negotiations
Once you have retained your lawyer and gotten your bulk of evidence compiled in one place, you are ready for negotiations. Below is the step involved in negotiating a settlement in a personal injury case in Louisiana:
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Presenting Your Complaint
The first step during the settlement negotiation process is to present your claim and why you believe the defendant is liable. The bulk of evidence you gathered earlier will come in handy here as you need them to prove the defendant’s liability. Once you have presented your claim, the next thing is to demand compensation for the damages the defendant’s negligence caused you.
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Reviewing the Evidence
After presenting the evidence, both parties’ legal teams will review the evidence and discuss it extensively. Through thorough examination all the pieces of information the plaintiff presented and while focusing on fault, they will determine the liability factors.
Post-Negotiation Considerations
At the end of the negotiations, the liable party’s insurance company will present a settlement offer. You can accept this offer or reject it if you do not believe it captures the value of all you have lost.
Meanwhile, the amount the insurance company offers will depend on what all the parties involved have agreed upon. Also, before accepting the offer, ensure it prioritizes your interests alongside the defendant’s and benefits you. After all, insurance companies are infamous for working only in their own interests and those of their clients.
Conclusion
“For a settlement negotiation process to be successful, you may have to depend on more than just the evidence obtained during negotiations. More so, both parties have to utilize the latest statutes and litigation outcomes, which is why having an experienced lawyer is best,” says attorney Frank Tomeny.