If your pedestrian accident claim was denied by The General Insurance, you may still have options to pursue the compensation you need for your injuries and damages. These options may include:
- Sending a demand letter to the insurance company to showcase how its policyholder acted in negligence toward you and the injuries you suffered
- Negotiating the compensation figure with the insurance company to reach a settlement deal
- Filing a personal injury lawsuit against the at-fault driver if necessary or a bad faith lawsuit against the insurance company if the insurer unreasonably denied your claim
You may want to consider hiring a personal injury lawyer who can advocate for your legal interests against the insurance company. This article goes over how a lawyer can help you with your claim.
Your Lawyer Can Send A Demand Letter That Lists The Damages You Suffered
When you hire a pedestrian accident attorney to represent you, one of their duties will include drafting a demand letter on your behalf and submitting it to the insurance company. This letter will present your case, mainly that the defending party’s negligence led to the accident, which resulted in your injuries. As such, you must lay out the following in the letter:
The Four Elements Of Negligence
In litigation, the plaintiff must establish the four elements of negligence, proving how the defendant’s carelessness caused their injuries. These elements are:
- Duty of care: First, you must prove that the defendant had a duty of care to you. Since you were the pedestrian in the accident, you could argue that the defendant had a duty to follow traffic rules as a driver and should have been mindful of you on the road or sidewalk.
- Breach of duty: Once you establish the driver’s duty of care, you must then show how they breached this duty. For example, you might present evidence that shows the driver rolled on a turn without checking to see if you were already in the crosswalk.
- Causation: Next, you must establish a connection between the defendant’s breach and the accident that occurred. Following our example, you could argue that had the driver stopped at the intersection and checked for crossing traffic, which is the rule, they would have seen you and waited for you to finish crossing before completing their turn.
- Damages: Finally, you must present a list of injuries and damages you suffered because of the accident.
Your Economic And Non-Economic Damages
In your demand letter, your lawyer will state the amount of damages you suffered and the compensation figure you are entitled to collect. Compensatory damages may include:
- Medical expenses
- Income loss, including loss of benefits or pensions
- Permanent disability or physical disfigurement
- Pain and suffering and inconvenience
- Reduced earning potential
- Property damage, if applicable
- Emotional distress, including psychological trauma
- Diminished quality of life
- Future financial damages you might suffer, such as future medical bills
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientYou Can Have Your Lawyer Manage Your Case And Potentially Negotiate A Deal
The General Auto Insurance abides by insurance policy regulations set in Louisiana, which mandate that insurers must provide bodily injury liability (BIL) and property damage liability (PDL) coverage in the event of an accident. However, these policies may not cover the extent of your damages, depending on how much the policyholder purchased for their plan. Additionally, drivers in Louisiana are not required to purchase uninsured or underinsured motorist (UM/UIM) coverage.
With a lawyer from our firm, you can stand up against insurance companies and demand the compensation you need. Your lawyer can handle communications to negotiate a potential settlement deal. This may involve:
- Scheduling and attending out-of-court meetings with insurance adjusters to go over settlement terms
- Calculating your damages to determine how much compensation you need to strive for in the deal
- Responding to letters, calls, and emails on your behalf to avoid having you make any statements that could affect the negotiation process
- Updating you whenever the insurer provides a new settlement offer
- Providing legal counsel on when to accept a deal or pursue further litigation
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientYou May Still Have Time To File A Personal Injury Lawsuit Against The Driver
CC Art. 3492 sets a two-year filing period for personal injury cases, which doesn’t give you much time to file a lawsuit if negotiation tactics don’t pan out. This is why it is crucial to act as soon as possible and work with a lawyer who can take steps to file your case before its statutory deadline.
Our legal team recognizes that insurance companies often deny claims as a stalling technique.
If this applies to your case, we may also suggest filing a bad faith lawsuit against the insurer to hold them accountable for denying your claim without just reasoning.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientCall Laborde Earles Injury Lawyers To Have Your Case Reviewed For Free
If your pedestrian accident claim was denied by The General Auto Insurance or another auto insurance company, you may still have options to appeal your claim or pursue compensation through different routes. At Laborde Earles Injury Lawyers, we serve people in Louisiana and would be happy to take you on as our client. A personal injury lawyer from our team can review your case, then strategize what steps to take.
Call our law firm today to get a free consultation. We can answer questions you might have about the insurance claims process, then start working on your case right away.
