Five Factors Which Could Affect Your Personal Injury Compensation (And One That Will Not)

Personal injury claims are the process by which you request and recover compensation for the damages caused by the reckless or negligent behavior of another person. For example, after a car accident which resulted in your injury.

However, this process is quite complicated, thanks to insurance companies' involvement. This article covers six easy- and not-so-easy-to-anticipate factors that can influence your personal injury claim, including how much compensation you can receive. Among them, you will find:

• How fault will impact your claim and the opposing party's defense.
• What your personal injury claim options are when hurt by a driver without insurance.
• How vehicle damage will be covered, even if you have a bad driving record.

Will Being Partially At Fault For A Car Accident Impact My Louisiana Personal Injury Claim?

Real life is never simple, and car accidents are rarely cut and dry. Often, both drivers will share at least some of the blame. If you have been in an accident you could have helped avoid, you might wonder if and how that might affect your ability to claim damages and compensation for your injuries.

Fortunately for you, Louisiana is a comparative fault state, which means you can still claim damages even if you bear some blame. Even if a cop gave you a ticket or you were partially responsible for the accident, you are still eligible for personal injury compensation.

However, the amount of compensation you receive will be reduced by your portion of blame. So if you are 70% responsible for the accident, you will only get 30% of the overall damages and harm caused to you reimbursed.

If you are unsure how much you are to blame, or whether or not it is still worth making a personal injury claim, the best thing you can do is contact a trained and experienced personal injury attorney. Consultations are free , so even if the answer ends up being no, it will not cost you, and if the answer is yes, you might just have started down the path to reimbursed medical bills and time lost from work.

Can I Still File A Personal Injury Claim If An Uninsured Or Underinsured Driver Injured Me?

A frequent concern, especially with the rising cost of car insurance, is what happens when the driver who caused the accident has no insurance. Another similar concern arises if the other driver has insurance but their policy is too small to cover the damages and harm you suffered. Or, in extreme cases like hit-and-run accidents, you might not even know who the other driver is.

In all of these situations, you can turn to your own insurance company to make a claim – but only if you have uninsured or underinsured motorist coverage. If your policy does not include such coverage, it might be worth considering, as it can be the only recourse when hit by an uninsured driver.

You might also worry that this will increase your premiums, but as long as you are not at fault (you cannot recover uninsured motorist coverage if you are), the company is not allowed to raise premiums against you. If you have been paying your insurance, you might as well use it!

The Other Driver Was Clearly At Fault For The Accident. Do I Still Need To Hire A Personal Injury Attorney?

Real life sometimes delivers clear-cut accidents when there is no doubt that the other driver was responsible. Even in such cases, however, the results of your personal injury claim are not guaranteed.

Insurance companies are exceptionally experienced at finding ways and excuses to pay less than you need and deserve. Fault is only the first hurdle you have to overcome. For example, you must prove medical causality linking your injuries to the accident. You also have to uncover all available amounts of insurance, which you would have a tough time doing without a lawyer.

Not all policies are the same, so even if the other person is 100% at fault, you should seek legal representation. A personal injury attorney can do more than just get you compensation; they can also guide you through the treatment process and help you understand how much insurance is available and what medical care you can receive.

Not all policies are the same, and the rising cost of healthcare can negatively impact your life just as badly as the injury itself. So, ensure you have an experienced lawyer, even when the case seems simple.

Will The At-Fault Party Pay For My Vehicle Damage?

Another variable in every accident is the amount of damage done to the vehicle involved. If the fault is clear, the at-fault party’s liability insurance should, in theory, cover those damages.

While property damage is a separate category of damage, a good personal injury attorney can often help you handle that aspect of your case for no extra charge . After all, the insurance company might need a bit of arm twisting to cover an aspect of the damage they are failing to take into account.

Will A Bad Driving Record Hurt My Louisiana Car Accident Claim?

No one’s driving record is perfect, and some are worse than others – but just because you have had past problems does not mean you do not deserve fair and full compensation now. Nevertheless, a poor driving record can affect your chances and compensation… especially if you try to hide it.

If there are prior accidents, convictions, or injuries, the opposing insurance company may try to use it against you. Fortunately, if you have been honest with your attorney, they can help you prepare.

In fact, your personal injury attorney will help strengthen your case against all kinds of arguments the opposing insurance company will throw against you. After all, mistakes happen, and the facts and circumstances of the accident are more important than your history.

Can I Still Recover Damages For Injuries Suffered In An Accident Where I Was Not Wearing My Seatbelt?

Finally, we arrive at an element that, perhaps unexpectedly, will not affect your personal injury claim at all. Even if you are not wearing your seatbelt, you have every right to full and fair personal injury compensation.

Obviously, you should always wear your seatbelt because you’ll be much safer and less likely to suffer severe injuries. But when it comes to Louisiana personal injury law, your seatbelt isn’t relevant. In fact, a jury cannot even be told that you weren’t wearing a seatbelt. The law states that, since no doctor can testify with certainty that you would not have been hurt if you were wearing one, it cannot be considered relevant.

If you were hurt in a car, truck, or motorcycle accident, there is still time to file your Auto-Accident Injury Claim In Louisiana, and we can help. Get the experienced guidance and clear legal answers you need by calling (337) 324-9293 today.