How should an accident victim determine if they should accept a settlement offer in Louisiana?

Baton Rouge, LA – Most lawsuits that follow car accidents are ended through some kind of settlement agreement rather than a full trial in court. This is because settlements have become much more efficient and cost effective. Defendants in lawsuits or their insurance company will often offer the plaintiff much of what they ask for in a lawsuit or through a claim to avoid spending additional time and money on the same case. However, there are a number of important reasons that the victim should review the settlement carefully with their attorney and consider several issues before accepting. 

No further compensation is available after a settlement

Most settlement agreements are the absolute and final end to any disputes or claims regarding the accident. The victim should check with their doctor to ensure that there are not any latent medical issues or other serious health complications that may appear later. If a settlement has already been accepted, another case or claim related to the same accident cannot be brought at a later time. 

Does the victim want a trial?

There may be some situations where an accident victim simply wants their day in court for personal reasons. If this is the case and the person understands the risks associated with losing at trial, they can still try to litigate all of the issues in court and try to ask for the maximum amount of damages available from the jury. 

Has the settlement been negotiated thoroughly? 

It is rare that the victim and their lawyer will simply accept the first offer sent their way. One of the things that injury lawyers do is negotiate on their client’s behalf. This skill of negotiation is especially important during settlement negotiations, as an experienced attorney may be able to get additional thousands of dollars from an insurance company or business by using this skill set. 

Is the compensation adequate? 

When the victim’s attorney initially filed the lawsuit, they will list things like medical costs, lost wages and income, and damages for pain and suffering. The client and the attorney should review the compensation in the settlement documents versus what was initially listed in the lawsuit. They should have a discussion regarding whether the amount in the settlement is comparable and if it will be enough to help the victim get their life back to normal, even if legal fees need to be deducted.  

Personal injury cases in Louisiana

When an accident happens, it is important for an injured person to explore their rights and consider the possibility of a personal injury lawsuit. Miller, Hampton, and Hilgendorf are trusted accident attorneys who assist local clients throughout Baton Rouge and nearby parts of Louisiana. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com