What happens during personal injury settlement negotiations in Louisiana?

Baton Rouge, LA – Accident victims will often need compensation sooner rather than later to start paying their medical bills and other costs. Settlement agreements have become the preferred method of ending cases, as they tend to be more efficient than trials and result in less legal fees for the client. However, attorneys who negotiate on behalf of their clients still need to be mindful of certain procedures and tactics that will help their client receive the most compensation possible. 

The starting point

When the victim’s attorney files a complaint in the local civil courts to begin the case, they will list all of the relevant damages tied to their injuries. This includes the victim’s lost income, costs for medical treatment, medications, property damage, and non-economic harm tied to pain and suffering that is quantified into an amount that reflects reductions in their quality of life. This is usually the plaintiff’s starting point for negotiations, as it represents the maximum amount, or close to the maximum, that the party would expect to receive through the conclusion of the case.  

Insurance companies may also receive a similar document that lists an ideal amount of damages through a demand letter prepared by the plaintiff’s attorney. 

Deciding on the amount of compensation

The defendant will normally look through the list of damages and any evidence received during the discovery process. There may be some dispute as to what the plaintiff actually needs to cover their losses or the extent of their injuries. It is a common negotiation tactic for the victim to start with a much higher number than they know they will actually receive. It is also normal for an insurance company or the defendant to offer a low settlement amount to start their side of negotiations. Experienced injury lawyers know how to utilize evidence during this back and forth process to maximize their client’s compensation amounts. Insurance companies also often utilize delay tactics to frustrate the victim and their lawyer.  

Acceptance of an offer

At some point, there will need to be an acceptance of the offer to end the litigation. This normally includes a written acknowledgement that all legal action related to the incident will end permanently, and there can be no more lawsuits or other actions taken to receive additional compensation, even if more injuries or damage is discovered at a later time. 

Local injury firms in Louisiana

Miller, Hampton, and Hilgendorf is a firm that deals with various kinds of injury and accident cases in the Baton Rouge area. Local clients who need legal advice can get in touch with the firm to have their questions answered. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com