The moments following a car accident are often a blur of adrenaline and confusion. In Louisiana, what you do in the minutes, hours, and days after a collision can dictate the success of your personal injury claim. Because Louisiana follows a pure comparative fault rule, any small misstep can be used by insurance companies to reduce the compensation you deserve.
To protect your health and your legal rights, avoid these common pitfalls.
1. Downplaying Your Injuries at the Scene
One of the most frequent mistakes is telling the other driver or the police, "I’m fine." Adrenaline can mask pain from whiplash, internal bruising, or concussions for hours or even days.
The Fix: Never diagnose yourself on the sidewalk. Instead of saying you aren't hurt, simply state that you are shaken up and intend to see a doctor.
2. Delaying Medical Treatment
Insurance adjusters look for any reason to devalue a claim. If you wait two weeks to see a doctor, they will argue that your injuries weren't serious or weren't caused by the crash.
The Fix: Seek medical evaluation immediately. In Louisiana, establishing a "medical link" between the accident and your injuries is vital for your recovery.
3. Giving a Recorded Statement to the Other Driver’s Insurance
The other driver’s insurance company is not your friend. Their goal is to settle your claim for as little as possible. They may ask "trick" questions or try to get you to admit fault during a recorded statement.
The Fix: You are not legally required to provide a recorded statement to the other party's insurer immediately. Politely decline and tell them that your attorney will handle all communications.
4. Posting on Social Media
It is tempting to share a "life update" or photos of your wrecked car on Facebook or Instagram. However, insurance defense teams actively monitor social media. A photo of you smiling at a family dinner could be used to argue that you aren't actually "suffering" or "in pain."
The Fix: Set your accounts to private and avoid posting anything related to your physical activity or the accident until your case is resolved.
5. Accepting the First Settlement Offer
Early settlement offers are almost always "lowball" offers designed to make the case go away before you realize the full extent of your medical costs or lost wages. Once you sign a release, you cannot go back for more money if your condition worsens.
The Fix: Never sign a settlement agreement without a legal professional reviewing the long-term impact of your injuries.
Strategy is Your Best Defense
In the wake of a crash, you shouldn't have to be a legal expert while trying to heal. Taking a proactive approach means securing evidence, following your doctor's orders, and putting a barrier between yourself and the insurance companies.
If you have been injured on Louisiana roads, don’t navigate the complex legal system alone. The team at Sudduth & Associates, LLC is ready to provide the strategic representation you need to secure your future. Protect your rights today by calling us at (337) 282-9003 for a consultation.