Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Legal Disclaimer: This article provides general legal information and does not constitute legal advice and should not be relied upon as such. Every case is unique, and outcomes depend on specific facts and circumstances. If you believe you have received an unfair settlement offer, consult with a qualified Louisiana personal injury attorney to discuss your individual situation.
An insurance company’s first settlement offer after a Louisiana accident is almost never a fair one. It is a starting number, carefully calculated to close your claim for as little as possible while you are still hurting, still confused, and still unsure what your case is actually worth.
If the offer came fast, felt low, or left out damages you know you have, trust that instinct. You are probably looking at a lowball settlement.
The good news is that Louisiana law does not require you to accept the first number an adjuster puts on the table.
You have the right to negotiate, the right to demand a fair accounting of your damages, and, if the insurer is acting in bad faith, the right to hold them accountable for it. But none of that works in your favor if you do not recognize the tactics first.
If you have already received a settlement offer that does not feel right, the Ikerd Law Firm can review it for you at no cost. Call (337) 366-8994 today for a consultation.
An adjuster’s role is to resolve your claim for the lowest amount the company can get away with. They are trained professionals with quotas and metrics, and every dollar they save for the insurer is a dollar that does not go to you.
The first offer typically comes before you have finished treating, before you understand the full scope of your injuries, and before anyone has calculated what your claim is really worth. That timing is not an accident.
Insurers know that early offers catch people at their most vulnerable: when bills are piling up, when they have missed work, and when a check of any size feels like a lifeline.
But here is what that early check actually buys the insurance company: a full release of your claim. Once you sign, you cannot come back for more.
Not when your back pain turns out to need surgery, when the headaches do not go away, and when you realize six months from now that you still cannot work.
If an adjuster is pushing a number while you are still seeing doctors, still in physical therapy, or still waiting on test results, that is a red flag.
No one can calculate the fair value of your claim until your medical treatment is complete or your doctors have a clear picture of your long-term prognosis.
An insurer who wants to settle before that point is betting that your injuries will cost more than they are offering. And they want to lock you in before you find out.
“This offer is only good for 30 days.”
“If you do not accept now, we may have to reduce it.”
“You do not want to drag this out.”
These are pressure tactics, not negotiations. A fair offer does not come with an expiration date designed to prevent you from consulting an attorney or getting a second opinion. Louisiana gives you two years from the date of your injury to file a personal injury claim (La. C.C. Art. 3493.1). This applies to injuries occurring on or after July 1, 2024
This is one of the most common tactics and one of the easiest to miss if you do not know what to look for.
Louisiana law allows injury victims to recover both special damages (economic losses like medical bills and lost wages) and general damages (non-economic losses like pain and suffering, mental anguish, and loss of enjoyment of life).
A lowball offer might cover some of your medical bills but completely ignore your lost income.
It might account for past expenses but skip future medical care entirely. And it will almost certainly undervalue or flat-out omit your pain and suffering. If the offer reads like a hospital bill and nothing more, it does not reflect the full picture of what you have been through.
“It looks like you are recovering well.”
“This type of injury usually resolves on its own.”
“Your medical records do not support that level of treatment.”
Adjusters are not doctors.
When they minimize your injuries, they are building a case to pay you less, not offering a medical opinion. If you are hearing language like this, they are already working to devalue your claim.
Louisiana now follows a modified comparative fault system (La. C.C. Art. 2323). If you are 51% or more at fault, you cannot recover any damages. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.
This one should tell you everything you need to know. If an insurance company suggests that hiring a lawyer will only slow things down, cost you money, or reduce your settlement, ask yourself why they would prefer you negotiate alone.
The answer: an unrepresented claimant is easier to underpay. People who work with attorneys receive significantly higher settlements than those who do not, even after attorney fees.
A legitimate settlement offer in a Louisiana personal injury case should reflect the full value of your losses, not just the ones that are easy to add up.
That includes:
If the offer on the table does not account for all of these, it is not a fair offer. It is a starting point, and you do not have to accept it.
Louisiana’s two-year prescriptive period (La. C.C. Art. 3493.1) applies to injuries occurring on or after July 1, 2024.
If you are negotiating with an insurer and that deadline passes without a lawsuit being filed, you lose your leverage entirely, and the insurer knows it. That is sometimes exactly what they are counting on when they drag out the process.
An attorney can protect your rights by filing suit before the deadline expires, even while negotiations continue. Do not assume that ongoing settlement talks extend your time. In Louisiana, they do not.
Insurance companies have teams of adjusters, analysts, and lawyers working to minimize what they pay you.
You deserve someone working just as hard on your side. At the Ikerd Law Firm, we review settlement offers every day, and we know the difference between a fair number and one designed to make a problem go away cheaply.
If you have been injured in Louisiana and the insurance company’s offer does not sit right, let us take a look. We will tell you what your case is worth, what the insurer left out, and what your options are going forward.
Call us today for a free, no-obligation consultation. No pressure, no sales pitch. Just an honest conversation with someone who has your best interests in mind.
If it arrived before you finished treatment, leaves out pain and suffering or future medical costs, or comes with pressure to sign quickly, it is almost certainly a lowball offer.
Legally, yes. Practically, you are at a disadvantage. Adjusters do this for a living. Claimants who hire attorneys consistently recover more, even after fees.
Nothing. Once you sign the release, your claim is closed permanently. You cannot reopen it for any reason.
Two years from the date of injury for claims arising on or after July 1, 2024.
When an insurer deliberately stalls, underpays, or misrepresents your policy to avoid paying what it owes. Under La. R.S. 22:1892, penalties can reach 50% of the amount owed plus attorney fees.
Not without speaking to an attorney first. Adjusters use recorded statements to find inconsistencies they can use to reduce or deny your claim.
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