An insurance claim is the most common way to secure financial recovery following a personal injury accident. In many cases, victims of injury accidents can settle with the insurer and avoid taking their case to trial.
In its most basic form, an insurance claim is a demand of payment for covered losses and expenses. You may submit an insurance claim following an accident, natural disaster, or another event that causes damages covered by an insurance policy.
Common Types of Insurance Claims
You are probably familiar with several types of insurance, including:
- Auto insurance
- Health insurance
- Homeowner’s insurance
- Renter’s insurance
When you would file a claim based on these policies depends on the type of coverage you seek and the specifics of the policy.
Liability Insurance in Louisiana
You may hear the insurance company or other parties discussing first party and third-party insurance claims. A first-party claim is one based on your own insurance policy. Examples include:
- A collision claim for vehicle damages
- An uninsured/underinsured motorist claim
- A homeowner’s claim for repairs after a storm
Liability coverage comes into play when the policyholder causes an incident that results in injuries or losses for another person. For example, the at-fault driver in a traffic accident should have auto liability coverage that pays for the injuries victims suffered due to the collision.
Third-Party vs. First-Party Insurance Claims
A first-party claim is one based on your own insurance policy. Examples could include a collision claim for vehicle damages, an uninsured/underinsured motorist claim, or a homeowner’s claim for repairs after a storm.
Meanwhile, third-party claims are usually based on liability and get filed against another party’s insurance policy. This is the type of policy you will likely file following a traffic accident. The three parties refer to you (the victim), the liable party (the policyholder), and the insurance company.
For a free legal consultation, call (337) 777-7777
What Evidence Do You Need to Support an Insurance Claim?
Following an injury accident, the insurance company will likely want evidence to show:
- Their policyholder is liable.
- You suffered injuries because of the incident in question.
- Your expenses and losses have monetary value.
They will not want to pay out any more than absolutely necessary to settle your claim. Therefore, it is imperative to have strong evidence documenting your damages and their recoverable value. Evidence commonly used to support insurance claims in a personal injury case includes:
- Accident reports and other law enforcement documentation
- Video of the injury occurring
- Photographs of the scene
- A survey of the scene
- Eyewitness statements
- Relevant medical records
- Medical bills, receipts, and other paperwork
- Expert opinions
- Accident reconstruction
What if the Insurer Will Not Offer a Fair Settlement for Your Damages?
If the insurance company refuses to agree to a just payout based on the evidence you present, you can sue the liable party. This could prompt the insurer to increase their offer, or you may need to go to trial.
When our firm represents you during a civil trial, we will present the evidence to support your claim to the judge and jury. Our team will ask them to consider the proof of your injuries and losses and issue a verdict on your behalf. If we win a court award for you, it should include compensation to pay your bills and cover your losses.
Hiring a Lawyer to Help with Your Louisiana Insurance Claim
Many accident victims discover that working with our law firm makes the process of seeking damages much easier. Our team helps them protect their rights and greatly reduces their stress by handling every detail for them.
With a lawyer from our law firm representing you, there is nothing to worry about except healing from your injuries. Working based on contingency, our personal injury lawyers will:
- Investigate the accident and gather evidence
- Prepare and file an insurance claim or claims
- Put a range of values on the case based on your losses
- Negotiate for a fair settlement agreement
- Sue the liable party if needed
- Represent you in court
There are strict time limits on waiting to file a suit in Louisiana. In general, you will have one year to file under CC Art. 3492 for injury accidents and one year per CC Art. 2315.2 in wrongful death cases. Contacting our team well in advance of these deadlines helps us ensure you do not lose the right to go to trial.
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Talk To Laborde Earles Injury Lawyers About Your Claim for Free
You can speak with a team member about your personal injury case today for free. At Laborde Earles Injury Lawyers, we provide complimentary consultations. You can learn more about your rights, legal options for seeking recovery, our services, and more. We have someone available to discuss your claim with you now.
Call (337) 777-7777 to reach our main office in Lafayette. We also serve other areas of Louisiana, including New Orleans and the surrounding parishes.