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Insurance companies prefer to settle injury claims as quickly and economically as possible — settling a claim fast to avoid a lengthy litigation process. This may not necessarily be in your best interest. It depends on the type of injury you sustained and the treatment needed to bring you back to health. It’s always worth getting some legal advice and a good attorney will always “level the playing field.”

If you’re involved in a car accident that wasn’t your fault and you or a passenger suffered serious injuries, it’s possible that the at-fault person’s car insurance company may immediately contact you to settle the claim. Be very careful dealing with that company. The complex language of insurance policies and the hardball tactics used by some claims adjusters can leave you feeling frustrated — and cause you to settle your case in utter confusion. Typically when this occurs the injured parties never receive all to which they are entitled.

Hiring an attorney is the next logical step. If there’s a dispute about who’s at fault in the accident, consulting with an attorney is always prudent. Also, if someone is seriously injured in an accident, seeking legal counsel is recommended by the American Bar Association. This is true whether or not you were injured in a car accident, from a defective and dangerous product, or some other negligent act.

Dealing with an insurance adjuster is one of the many dangerous obstacles that you have to deal with if you incur a personal injury as a victim of an accident. The best way to deal with an adjuster is to consult with someone who is on your side: Like us! The insurance adjuster is not your friend. The insurance adjuster does not work for you. The insurance adjuster gets paid, promoted, and bonuses by saving money for the insurance company, not you.

Remember, insurance companies are for profit organizations whose sole purpose is to make as much money as possible for their shareholders. Every dollar that an insurance company saves by holding back on your claim is a full dollar profit for the insurance company. Therefore, as an employee of the insurance company, the adjuster’s primary responsibility is to make money for his company by retaining every last penny that he/she possibly can from your claim. No matter what they say or how nice they seem, adjusters do not care about fairness or you getting your due or who is really liable.

Adjusters are thoroughly trained and provided with specific directions to do anything and everything within their means to settle your personal injury claim to their benefit. Additionally they are taught a whole bag of tricks and maneuvers.

Careful: the “nice guy” act is often one of the tricks to make them seem friendly and trustworthy so that they can get you to divulge as much information as possible. All the information they get from you can be used against you during your settlement. Do Not divulge any information. It is not in your best interest.

Take care of your injuries and get medical care.

If you have insurance, charge all medical expenses to whatever medical insurance coverage you have.

Collect evidence that can point to who caused the accident, as well as the damage caused by the accident. Photographs are useful here.

Write down everything that has happened to you after the accident. This may include things like medical bills, hospital visits, any lost work or wages, etc.

Be sure to get the names and contact information of any witnesses that may have observed the accident. Contact these people to confirm their contact information.

If you speak to other people that were involved in the accident, be sure to take notes about your conversation or record it on your phone.

Do Not Tell anyone that you may file a lawsuit or that you are planning on filing a claim for your injuries and property damage.

Write down your symptoms and what you are feeling each day.

Yes. Settling a personal injury claim can be time consuming, and if you fail to file your claim in a timely manner, you may be completely out of luck in collecting any sort of compensation. Every state has a law that sets out the maximum time you have to bring certain types of lawsuits. In Common Law states these time periods are called “Statutes of limitation.” In Louisiana, this period is called the “prescriptive period.” If this time period passes you may be barred from EVER bringing suit to recover for your injuries. You should always check with your attorney with regard to your state’s Statute of Limitation or Prescriptive period for your type of claim to ensure that the time period does not pass. However, a more practical consideration after an accident is the general rule that an individual not delay too long. For example, cases have to be investigated, key witnesses need to be contacted and medical follow-up should be prompt. Insurance companies like nothing more than to attack the validity of a claim by arguing that a particular injury was not serious because the client waited an excessive amount of time before seeking medical treatment.

The maximum time allowed before you must bring your suit in LA, MS and MO for most personal injury actions is listed below: (If you are a Louisiana resident notice the SHORT time period).

Louisiana – One year from the date of the accident.

Mississippi – Three years from date of accident if based upon negligent conduct (Medical malpractice is two years). If the injury results from intentional conduct you usually only have one year to file your lawsuit.

Missouri – Five years from the date of accident if based upon negligent conduct (Medical malpractice is two years). If the injury results from intentional conduct you usually only have two years to file your lawsuit.

If you have uninsured motorist coverage available to you, you may recover for damages caused by the uninsured motorist. And, even if the other driver has insurance, you may be able to recover any damages in excess of the amount of the other driver’s liability insurance limits. Such coverage is called “underinsured motorist” coverage, which is a part of uninsured motorist coverage.

Your “uninsured motorist claim” or “underinsured motorist claim” for personal injuries and/or property damage is actually against the insurance company providing the uninsured motorist coverage, which is often (but not always) your own insurance company.

If the other driver is uninsured or underinsured, you will be able to collect all available uninsured motorist coverage, assuming your injuries and damages warrant that amount.