When someone becomes injured in a slip and fall, car crash, or another type of accident, it is common for well-intentioned friends and family members to give them advice. Unfortunately, these people are not usually attorneys and are not familiar with the laws in Louisiana. Many of the ideas people have about the law come from movies and television shows, which are not always accurate. This results in many myths and misconceptions regarding the process for claiming damages afterward. Below, one of our Baton Rouge personal injury attorneys outlines the most common myths we hear, and the truth behind them.
You Cannot Claim Damages if You Shared Fault for the Accident
Many people think that if they caused or contributed to an accident, they cannot claim any damages at all. This is true in some states, but not in Louisiana. Comparative fault laws assign a portion of fault to all liable parties involved in an accident. Under the current comparative fault law in Louisiana, accident victims can claim compensation even if they were 99 percent at fault for an accident. However, this law is also about to change.
On May 28, 2025, Governor Jeff Landry approved a new comparative fault law that will become effective on January 1, 2026. After this date, accident victims can only claim compensation if they are less than 51 percent or less at fault for the accident. Any compensation awarded will be reduced by the accident victim’s same percentage of fault. This can greatly limit the damages injured individuals receive, which is why it is so important to work with a Baton Rouge personal injury attorney.
Insurance Companies are There to Help
Shortly after an accident, the insurance company may contact you. The adjuster will act as though they are there to help. They may seem very friendly and tell you they want to do the right thing. Sadly, this is not the case. Insurance adjusters are well-versed in the different strategies they can use to reduce or deny an accident victim’s claim.
Insurance companies may not investigate the accident thoroughly, request unnecessary documentation to delay a claim, or dispute fault to deny claims. When insurance companies act dishonestly, it is considered bad faith. While it does not prevent accident victims from claiming the compensation they deserve, it does make it much more difficult. Never speak to an insurance adjuster on your own. First, contact a Baton Rouge personal injury attorney who will know the tactics insurers use to deny claims and how to combat them.
Minor Injuries Do Not Warrant a Claim
Even seemingly minor injuries, such as whiplash, can cause long-term complications. They will also incur medical bills, and you may have to miss work for a period of time while you recover. These are still losses, and it is important that you claim the compensation you deserve for them. Always seek medical attention after any accident so you understand the full scope of your injuries, the losses you will incur, and the compensation you need to recover your losses.
It is also important that you do not wait to seek medical treatment or file your claim, even if you think you only suffered minor injuries. All personal injury lawsuits in Louisiana are governed by a time limit known as the statute of limitations. This time limit is generally two years from the date of the accident. While there are some exceptions, they are limited. If you wait to file your claim because you initially thought your injuries were minor, you may be barred from claiming any compensation at all.
Lawsuits are Lengthy and Complex
There is always the chance that a lawsuit can become lengthy and complex. However, the vast majority of claims are settled outside of the courtroom in negotiations between accident victims and the insurance companies representing the liable party. Only a small minority of cases have to go to court, and this is usually when the insurance company refuses to act fairly. The process is usually not as stressful as people had imagined, so you should not let this keep you from filing a claim. Working with an attorney can make it even easier and ensure you receive the compensation you deserve.
You Do Not Need to Work with a Personal Injury Attorney in Baton Rouge
You are not required to work with a Baton Rouge personal injury attorney when filing your claim. However, multiple studies have shown that having legal representation can help accident victims claim more compensation than those who do not have legal help. At Big River Trial Attorneys, our Baton Rouge personal injury attorneys can handle all of the legal details of your case so you can focus on your recovery. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation and to get the legal help you need.
