Louisiana Car Accident Settlement Timeline and Process (2025)

If you have been injured in a car accident, you are likely wondering how long it takes to resolve a claim and what to expect along the way. Navigating the Louisiana car accident settlement timeline and process can be overwhelming, but understanding each step can help you feel more in control.

The Initial Aftermath of a Car Accident

The moments after a car accident in Louisiana can be chaotic, you need to take some necessary actions and your first priority should always be your health and safety. Call emergency services to report the accident. Then, seek medical attention, even if you feel fine, as adrenaline can mask injuries that may appear later. Once medical concerns are addressed, begin gathering evidence. Take photos of the accident scene, collect contact information from witnesses, and exchange insurance details with the other driver.

For many people, this is also the time to reach out to an attorney. Engaging an experienced legal advocate early on can protect you from making mistakes that could impact your claim.

Medical Treatment and Recovery Period

After reporting the car accident and notifying your insurance company, the most time-consuming aspect of a car accident claim is the medical treatment and recovery period. Insurance companies cannot finalize a settlement until you’ve either fully recovered or reached “maximum medical improvement” or MMI, which means that your condition is not expected to improve further, even with treatment.

This stage can last weeks, months, or even years, depending on the severity of your injuries. It is crucial to follow all medical advice and attend every appointment, as skipping treatment can give insurance companies ammunition to argue that your injuries aren’t serious enough to warrant compensation. Additionally, it’s important to keep in mind the Louisiana car accident statute of limitations, which typically allows one year from the date of the accident to file a claim. Be sure to act within this timeframe to protect your legal rights and pursue the compensation you deserve.

Negotiation With the Insurance Company

Once the full extent of your injuries is known and your attorney has compiled their arsenal of evidence (police reports, medical records, witness statements, etc.), the negotiation the settlement amounts the actual phase begins. Your lawyer sends a demand letter to the insurance company, outlining the: 

• Facts of the case
• Nature and extent of your injuries
• Amount of compensation being sought for medical expenses, lost wages, pain and suffering, and other damages

The insurer may then counter with a lower offer. Negotiations can go back and forth multiple times before a settlement is reached, so this phase can take weeks or months, depending on the complexity of the case and the insurer’s willingness to cooperate.

Settlement Agreement or Filing a Civil Claim

If both parties reach a settlement, you then sign a release of liability form, which prevents you from pursuing further claims for the same accident. Once signed, the insurance company issues a payment, and the case is closed.

However, not every case is resolved through settlement. If the insurer refuses to offer fair compensation, your attorney may advise filing a civil claim. This step can significantly extend the timeline, but it is sometimes the only way to achieve full compensation.

Litigation and Trial (If Necessary)

When negotiations fail, the next step is litigation. The civil claim process includes pre-trial procedures, like discovery, depositions, and motions. It is important to note that the vast majority of cases settle before trial, but the possibility of a courtroom battle should never be ruled out.

Going to trial adds months—and sometimes years—to the Louisiana car accident settlement timeline and process. It is a more unpredictable route, but it is often necessary when an insurer refuses to negotiate in good faith.

What Factors Can Affect the Timeline?

Each car accident case is unique, but the timeline can be affected by several different factors. Some of these include:

• Severity of injuries. Serious injuries mean a longer recovery period and more treatment, which can delay negotiations and an eventual settlement.
• Cooperation from the insurer. Some insurance companies move slowly, using purposeful delay tactics to pressure claimants into accepting lower offers.
• Legal complexities. Multi-vehicle accidents or disputes over liability add complexity, which increases the timeline.

Delays may occur due to the time it takes to reach MMI, the investigation process, and prolonged negotiations. While waiting for a settlement can be frustrating, patience often leads to a higher payout. That’s why the team at Murphy Law Firm works diligently to move your case forward as efficiently as possible, all while seeking fair compensation for your injuries and losses.

FAQs

Can My Car Accident Settlement Be Affected by Pre-Existing Injuries?

It is true that pre-existing injuries can affect your claim, but they do not disqualify you from receiving compensation. Insurance companies may argue that your injuries were pre-existing, but an attorney can demonstrate how the accident aggravated your condition. Medical records and professional testimony are key when trying to prove the difference.

How Is Pain and Suffering Calculated in a Louisiana Car Accident Settlement?

Pain and suffering can be calculated by using a variety of factors, which can depend upon the specifics of your case. These factors can include the severity of the injury, the length of recovery, and the emotional impact that the injury has had on your life. In cases that include pain and suffering, mental health professionals can provide invaluable testimony, especially if you developed a mental health disorder (PTSD, anxiety, depression) because of your accident.

What Happens If the At-Fault Driver’s Insurance Coverage Isn’t Enough?

If the at-fault driver’s insurance coverage is insufficient, you could file a claim against your own uninsured/underinsured motorist (UM/UIM) policy. Louisiana requires insurers to offer this coverage. If you opted in, it provides an additional layer of financial protection. However, if a third party is liable for the accident (manufacturer, property owner, etc.), that can open new avenues of compensation to pursue.

Can I Be Compensated for Missed Opportunities, Like a Job Interview, Due to My Injury?

Yes. If you missed a job interview—or any other opportunity that could have led to financial gain—you may be entitled to compensation for “loss of opportunity.” This type of damage goes beyond lost wages and accounts for missed career opportunities. Proving this requires strong evidence. For example, documentation of the missed interview and the connection to your injury can prove useful. Our lawyers can fully review your case and advise on the kinds of damages you should pursue.

Contact Murphy Law Firm to Discuss your Car Accident Case

Navigating the car accident settlement process in Louisiana can be complex and time-consuming. However, with the right legal support, you can not only protect your rights but make sure your interests are represented.

At Murphy Law Firm, we have the experience and dedication to guide you through each step of the settlement process, from gathering evidence to negotiating with insurance companies.

If you have been involved in a car accident, you don’t have to face the challenges alone. Contact our team today to schedule a consultation. We can work to secure the compensation you deserve.