An accident that causes a catastrophic injury significantly affects both the survivor and their close family members. You may be experiencing continual pain, shock, and uncertainty about the future, making it difficult to focus on filling out the necessary paperwork and speaking with insurance agents.
Talking to insurance companies after a Baton Rouge catastrophic injury accident can be a burden during an already stressful time. Our catastrophic injury attorneys at Tomeny | Best could help you manage this process.
Catastrophic Injuries and Insurance Claims
A catastrophic injury changes the course of a life by destroying the functions that make daily living activities possible. Disabilities and disfiguring injuries require months of recovery and thousands of dollars. The survivor will likely not be able to work in the meantime and may lose their ability to ever work again. If you or a family member suffered devastating harm from an accident, our Baton Rouge lawyers could communicate with insurers, help you compile your losses, and make a claim for monetary damages. You could receive compensation for your bills, lost income, and emotional distress.
Whether you can recover all your costs depends on your level of responsibility for the accident. If you have no fault, you could pursue 100 percent of your damages from the other party. If you were 25 percent at fault, you would only be eligible to recover 75 percent of your damages. If you were more than 50 percent responsible, you will be unable to recover any compensation, per the Louisiana Civil Code art. 2323.
Auto insurers estimate the percentages of fault in an accident by investigating and using their own policies, often through software and algorithms. An insurance company’s estimate is what it claims a court would find if the case went to trial, but the company has an incentive to estimate fault in a way that minimizes what it must pay.
What Are the Challenges When Speaking to a Claims Representative?
When speaking to someone who works for the insurance company, it is wise not to say anything that is not a documented fact. A representative may sound kind or encouraging, but it is important not to share unnecessary details about your injury or the accident. The insurer may purposely misinterpret information, whether it is about a survivor’s life, their recovery process, or the day of the accident.
After a catastrophic injury, it is best to speak with a Baton Rouge attorney before an insurance representative, but your auto policy may require notification within 24 hours or a few days after the accident. Nonetheless, you should not feel pressured into agreeing to any statements, releases, or recordings without an attorney’s advice.
Collecting your reports and medical notes is vital, and organizing your thoughts is key to avoiding any speech that the insurance company could use against you. For example, many people might want to say “I’m sorry” or “I’m fine” after an accident, but insurers could argue that these words indicate fault or a lack of injury.
Contact a Baton Rouge Attorney Before You Speak With an Insurance Agent About Your Catastrophic Injury Accident
Anyone struggling with a life-changing injury should not have to face the claims process alone. As injury attorneys, we can provide guidance on how to talk to insurance companies after a Baton Rouge catastrophic injury accident. We are dedicated to speaking with clients and families, learning their stories, and working with medical experts to help them obtain compensation for the necessary care.
Let us start working for your present and your future. Call Tomeny | Best today to make an appointment for a free consultation.
