Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
Car accidents in New Orleans can turn your life upside down. Between medical bills, vehicle repairs, and time off work, the financial impact can be heavy. That’s why it’s so important to pursue the full settlement you’re entitled to under Louisiana law. But getting the most out of your car accident settlement isn’t just about submitting a claim—it’s about understanding your rights, gathering strong evidence, and avoiding common mistakes
In this guide, we’ll walk you through the steps that can help maximize your car accident settlement, the mistakes to avoid, and how an experienced New Orleans car accident lawyer can support your case.
Louisiana follows a pure comparative fault system (La. Civ. Code Art. 2323), which allows compensation even if one has some responsibility. Your share of fault reduces your compensation.
Under the “No Pay, No Play” law (La. R.S. 32:866), uninsured drivers can’t recover the first $15,000 for injuries or $25,000 for property damage—even if the other driver was at fault.
You also have just one year from the accident date to bring a lawsuit, so it’s critical to act quickly.
The steps you take immediately after the crash can have a significant impact on your claim. If you’re physically able, document the scene thoroughly. Use your phone to take photos of the vehicles, the road, weather conditions, and any visible injuries. Exchange information with the other driver and ask for contact details from any witnesses.
Always call the police. The responding officers will create a detailed report, which can serve as key evidence for your claim. If you don’t feel hurt, go to a doctor anyway. Some injuries don’t show up right away, and Postponing treatment can harm your case and your health.
Substantial evidence can make a big difference in how much you recover. Insurance companies and juries want clear, documented proof of what happened and how you were affected.
According to the Insurance Research Council, injured victims who hire an attorney receive settlements 3.5 times higher on average than those who don’t.
The best types of evidence include:
All of this documentation paints a picture of the accident’s impact and supports your compensation claim.
After a crash, the insurance company may contact you quickly with a settlement offer. While it might seem convenient, these early offers are often lower than what your case is truly worth. Insurance adjusters may also record your statements and use them to shift fault onto you.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
Never make a recorded statement or sign a settlement agreement without first consulting a lawyer. Once you sign, you likely give up the right to seek more money later—even if new injuries come to light.
Each case is different, but certain elements consistently influence how much compensation a person receives. Understanding these factors can help you know what to expect and how to build a stronger case.
|
Factor |
Why It Matters |
Documentation Needed |
| Injury Severity | More serious injuries increase value | Medical reports, bills |
| Lost Wages | Lost income can be recovered | Employer statements, pay stubs |
| Property Damage | Affects total compensation | Auto repair estimates |
| Fault Percentage | Reduces settlement if shared | Police report, witness statements |
| Pain & Suffering | Non-economic damages | Doctor’s notes, therapist records |
If your injuries are permanent or require long-term care, your settlement may also include future medical expenses and reduced earning capacity.
Working with a lawyer helps level the playing field. Your legal team knows how to calculate all of your losses, document them clearly, and bargain with the insurance provider to obtain a just outcome.
They’ll help you:
Having a lawyer is especially helpful in complex cases involving multiple vehicles, disputed liability, or severe injuries.
Even if your case seems strong, a few missteps can damage your chances. Here are common errors that car accident victims make:
Taking the proper steps early on helps protect both your health and your financial recovery.
Louisiana Civil Code Article 3492 states that you have one year from the date of the accident to file a personal injury claim.
Even if you were partially at fault, you can still get damages under Louisiana’s comparative fault law, but the amount you receive will be less than your percentage of fault.
In most cases, no. Early offers are typically much lower than what your case may be worth. It’s best to consult a lawyer before agreeing to anything.
They help collect and present evidence, negotiate with insurance adjusters, calculate damages accurately, and file a lawsuit if needed to get fair compensation.
Not necessarily. In fact, having a lawyer often speeds up negotiations by presenting your case more clearly and pressing insurers to act in good faith.
Getting a fair car accident settlement takes more than just filing a claim. You need the proper documentation, a clear understanding of the law, and a strong advocate in your corner. Every step you take—from gathering evidence to avoiding early settlement traps—matters. If you’re dealing with injuries, medical bills, or a pushy insurance company, don’t go through it alone.
A skilled New Orleans car accident lawyer can help you seek the compensation you deserve while protecting your rights every step of the way. Charbonnet Law Firm, LLC is committed to helping accident victims recover with clarity, confidence, and care.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
