Baton Rouge Car Insurance Claim Lawyer
Baton Rouge, LA Car Insurance Claim Attorney
After you’ve been in a car wreck, you’re probably focused on the pain you’re suffering, healing from your injuries, and worried about hospital bills and lost wages. The last thing on your mind is trying to convince your insurance company to do what is right and help you pay for your losses.
Insurance companies frequently make quick offers of settlements that are far below what victims actually need to fully heal from their injuries or move on with their lives. That’s why Murphy Law Firm has a Baton Rouge car accident attorney ready to help you collect the compensation you deserve from your insurance.
Negotiating Compensation with Insurance Companies
Figuring out the damages to state in your claim depends on several variables. This can easily become the most complex part of an auto accident claim, and it’s the part that insurers are most likely to give pushback on. Our car insurance claim lawyers at Murphy Law Firm know how to make the insurance company treat you fairly after a collision!
Remember, insurance companies are in the business of making money, not helping you heal from your injuries. They’ll likely offer an initial settlement that’s much lower than what you need or are entitled to.
That’s why you need an experienced car wreck lawyer to help you itemize your damages and build a case. If you were in a motor vehicle accident while uninsured, one of our car insurance claim lawyers can offer guidance in paying for medical bills, damages, lost wages, and more. Contact us for a free consultation now.
Calculating “Special” Damages
Special damages can be the easiest to pinpoint because they are generally proven by proper documentation, making it easier to sort out compensation. Special damages can include the following:
- Accident-related medical expenses, both past and future
- Lost wages, both past and future
- Funeral or burial expenses (for a wrongful death claim)
- Vehicle or property damage
To prove your special damages, you’ll still need to provide documentation of your injuries, lost wages, hospital bills, and other expenses. Usually, the receipts or invoices of these costs will suffice—but your auto insurance lawyer will help make sure you have all the documentation you need to make your case as strong as possible.
Experienced trial attorneys are familiar with the intricate and tricky rules for proving special damages even when health insurance, Medicare, Medicaid, Tricare or the VA has paid for some treatment.
Lost wages and loss of earning capacity can also be intricate and tricky. A business owner, independent contractor or a client with a side hustle may have difficulty accounting for their specific past and future lost wages. An experienced trial lawyer knows how to present these claims to the insurance company.
How a Car Accident Attorney Near Me Calculates “General” Damages
Think of general damages as intangible – they cannot be easily calculated with a mathematical formula and are a product of more art than science. General damages can include
- Pain and suffering in the past, present, and future
- Mental anguish
- Disability
- Loss of enjoyment in life
- Loss of consortium, or the relationships you had with loved ones
In Louisiana, insurance companies generally calculate general damages using a method depending upon the injuries, diagnosis and prognosis.
Importantly, general damages are what makes your case about you. Two people with similar injuries and roughly equivalent medical bills may be entitled to vastly different general damages.
A car wreck lawyer with courtroom and trial experience, who can advise you on expected trial outcomes, is needed to make sure the insurance company treats you fairly. Would you want a surgeon who has never operated on a patient before? Then why would you want a lawyer who has only settled claims and rarely been in a courtroom?
Punitive damages
Finally, punitive damages are awarded in order to punish the defendant and prevent them from being so negligent in the future. Punitive damages are rarely awarded, and only in extreme cases of neglect or wrongdoing—which is why you need a lawyer on your side to help convince the insurance company or a jury that punitive damages should be awarded.
Dealing with Insurance Bad Faith?
Insurance companies handle thousands of clients’ cases daily, and while some may not act with ill intent, mismanagement is bound to happen whether it’s purposeful or not. If you suspect you might be eligible to bring a case against an insurance company for acting in bad faith, such as a denied insurance claim without valid justification, here is everything you need to know.
What is Insurance Bad Faith in Louisiana?
Bad faith insurance is whenever an insurance company fails to properly handle a client’s claim.
There are many scenarios in which an insurer can mishandle a claim: denying a claim without justification, conducting poor communication, delaying payout without reasonable cause, and failing to execute a proper investigation. Under Section 22:1892 and Section 22:1973 of Louisiana law, in most bad faith cases, insurers must:
- Start the loss adjustment process within 14 days of being notified or 30 days for cases with catastrophic loss
- Provide a settlement offer within 30 days of receiving proof of loss
- Hand over the full amount owed, including whatever is not being disputed, within 30 days
- Pay settlement within 30 days of a written agreement
Why Is It Important to Pursue This Kind of Claim?
No one should have unjust obstacles thrown their way after dealing with something as traumatic as a collision. Healing should be your number one priority, and you are owed peace during recovery alongside monetary compensation.
Other than getting well-deserved justice, here are three reasons why you should pursue a bath faith insurance claim:
- Compensation: If you are filing a bad faith claim, likely, you were not given the right amount of money that was owed. Filing a claim will ensure that you are given the correct compensation that you should have received in the first place.
- Reimbursement: When trying to obtain the money you were initially owed, there will be more legal fees, and pursuing your claim will cover those costs.
- Accountability: At the end of the day, deciding to pursue a claim against a corrupt insurer will hold them accountable for their wrongdoings against you and likely many others who have been in your shoes.
Why Do I Need a Baton Rouge Car Accident Attorney?
If you or a loved one has been in a Baton Rouge car accident or any Louisiana wreck, the last thing you want to think about is figuring out how to convince the insurance company to pay fairly for your injuries. You need to focus on healing from your injuries and moving on with your life.
Negotiating with insurance companies can be tricky, and even more so if you’re dealing with a bad faith insurer.
You’ll need a lawyer with the experience and knowledge to ensure that your insurance company is providing you the compensation you need to heal, and if they’re acting in bad faith, that they’re held accountable.
If the insurance company refuses to treat you fairly, you need a lawyer with courtroom and trial experience to position your case for trial while working towards a settlement.Murphy Law Firm can handle both these types of claims and more. We’ve been a Louisiana law firm specializing in car accident injuries for decades, and we know what it takes to hold the people responsible for your injuries accountable for their actions. Give us a call today. or book a free consultation with one of our lawyer.
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