Common Pitfalls: Mistakes to Avoid When Filing a Personal Injury Claim in Louisiana


Filing a personal injury claim can be challenging, especially in a state like Louisiana, with its unique legal landscape. The Law Offices of Damon D. Kervin is committed to assisting clients in navigating this process effectively. In this blog post, we highlight common pitfalls individuals often encounter when filing personal injury claims in Louisiana, shedding light on mistakes that can jeopardize the success of their cases.

Delaying Medical Attention

One of individuals' most critical mistakes is delaying or avoiding seeking medical attention after an accident. In Louisiana, the success of a personal injury claim often hinges on establishing a clear link between the accident and the injuries sustained. Delaying medical treatment not only jeopardizes your health but also weakens the evidentiary support for your claim. Insurance companies may claim that your injuries were not directly related to the accident if there is a significant gap between the incident and seeking medical help.

Not Gathering Sufficient Evidence

Building a powerful personal injury claim requires thorough documentation of the incident. Some individuals make the mistake of not gathering sufficient evidence at the scene. This includes taking photographs, obtaining contact information of witnesses, and filing a police report if applicable. Proper documentation makes it easier to establish liability and prove the extent of damages suffered.

Providing Recorded Statements Without Legal Guidance

In many cases, insurance adjusters may request recorded statements from those filing claims. Although it may appear innocuous, offering a recorded statement without the assistance of legal counsel can lead to significant drawbacks. Insurance companies might manipulate these statements later, distorting your words to downplay or reject your claim. To safeguard your rights, seeking advice from an attorney before making any statements is prudent.

Neglecting the Statute of Limitations

Acknowledging the time constraints defined by the statute of limitations for personal injury claims is crucial. This limitation is set in Louisiana at one year from the accident date. Failing to initiate the filing process within this timeframe can result in losing your entitlement to seek compensation. Staying mindful of and adhering to the statute of limitations is imperative to avoid this common pitfall.

Disregarding Comparative Fault Regulations

Louisiana operates under a comparative fault system, indicating that your compensation may be proportionally diminished if you are deemed partially responsible for the accident. Many individuals make the error of overlooking or undervaluing their role in the incident. Grasping and accurately evaluating comparative fault is fundamental to securing a compensation outcome that is fair and just.

Settling Too Quickly

The pressure to settle quickly can be overwhelming, primarily when dealing with medical bills and other expenses. Resolving a personal injury claim too quickly can be costly. It is essential to fully understand the extent of your injuries, future medical needs, and the overall impact of the accident on your life before settling. Rushed settlements may not adequately cover long-term expenses and can leave you without recourse.

Avoiding these common pitfalls is crucial for a successful personal injury claim in Louisiana. At the Law Offices of Damon D. Kervin, we understand the intricacies of the legal system and are dedicated to helping clients navigate these challenges. Being aware of pitfalls and seeking legal guidance early in the process can increase the chances of securing fair compensation for injuries and losses.

Contact the Law Offices of Damon D. Kervin for expert legal guidance and representation!

Share To: