Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Disclaimer: The information in this article is for general educational purposes only and does not constitute legal advice. Reading this content does not form an attorney-client relationship with the Ikerd Law Firm.
Every case is unique. Consult a licensed attorney to evaluate your specific situation before taking legal action. Past results do not guarantee future outcomes.
Personal injury plaintiffs have the right to seek full compensation, hire legal representation, refuse unfair settlements, access case evidence, and are protected from coercive insurance tactics during the claims process.
If someone else’s negligence has injured you in an accident, you have legal rights. It is important to know your rights. This knowledge helps you protect yourself and ensures you receive fair compensation for your injuries. Insurance companies know your rights and often hope you do not. By understanding your protections, you can make informed choices and avoid mistakes that could hurt your case.
Here are the key rights you have as a plaintiff in a Louisiana personal injury case:
You have the right to seek compensation for losses caused by another’s negligence. Louisiana Civil Code Article 2315 states that anyone who causes damage must repair it. This means you can seek damages to restore yourself after someone else’s careless actions have harmed you.
This right covers both economic damages, like medical bills and lost wages, and non-economic damages, such as pain, suffering, and emotional distress.
The first and most important right you have is the right to legal counsel. Let’s be clear: The insurance company is **not** on your side, and they know you are at a disadvantage without a lawyer. You have an absolute right to hire an attorney, and no insurance company can legally deny you this right or penalize you for using it. If an adjuster tries to discourage you from hiring an attorney or tells you they will offer less money because you have legal representation, that action can be seen as deceptive under Louisiana law. Your attorney is your shield; we equalize the fight instantly.
Personal injury attorneys in Louisiana often work on a contingency fee basis, meaning you pay nothing upfront. Your attorney gets paid only if they win compensation for you.
This setup makes legal help accessible, regardless of your finances. You also have the right to choose your attorney. It’s important to find someone you trust, as this relationship is key to your case’s success.
You can refuse to give a recorded statement. After an accident, an insurance adjuster may ask for a recorded account of what happened. You have no legal obligation to comply.
Adjusters aim to protect their company’s interests. When they request a statement, they often seek information to minimize or deny your claim. Adjusters can misuse even innocent remarks. For example, someone could use your statement “I am fine” against you later. You can decline and express a desire to consult an attorney first.
You can seek medical treatment from any healthcare provider you choose. The insurance company cannot dictate which doctors you see. Your health decisions are yours alone.
Be cautious if an insurance company suggests certain doctors. These providers may minimize your injuries or discharge you before it is appropriate, which can harm your health and claim. You have the right to complete all recommended treatments. Consistency in your care is crucial for both your recovery and your case.
Insurance companies often make quick settlement offers, usually much lower than your claim’s value. You can refuse any settlement that does not fully compensate you for your damages. No one can force you to accept an inadequate offer.
Once you accept a settlement, you close your claim. You cannot ask for more money later, even if your injuries worsen. Insurance companies aim for quick settlements before you know the full extent of your damages. Always consult an experienced attorney before accepting any offer.
If the insurance company does not offer fair compensation, you can file a lawsuit. Both the Louisiana Constitution and the U.S. Constitution protect this right. It provides leverage against insurance companies that act in bad faith.
Filing a lawsuit does not mean you will go to trial—most cases settle beforehand. But this right gives you leverage in negotiations. Insurance companies often offer better settlements when they notice that your lawyer is ready to litigate. Remember, Louisiana law has a two-year deadline for most personal injury claims, so act within this timeframe.
You can protect your private medical information. Insurance companies can look at records about your injury. But you do not have to sign broad authorizations that give them full access to your whole medical history.
Insurance companies may request broad releases to identify unrelated conditions they can blame for your current symptoms. This tactic aims to reduce your compensation. You can limit any authorization to records relevant to your claim and the time surrounding your injury. An attorney can help you manage these requests.
Louisiana law requires insurance companies to handle claims in a fair manner. Insurers must investigate claims without delay and communicate with transparency.
If they engage in bad-faith practices, such as denying claims without justification, they may face penalties.
If you believe an insurance company is treating you unfairly, make a record of all communications. Keep track of dates, times, names of adjusters, and details of each conversation. This documentation can be crucial if you need to prove bad faith later.
Knowing your rights is the beginning. Protecting them requires action.
From the moment an accident occurs, your decisions can impact your claim:
At the Ikerd Law Firm, we help injured victims in Louisiana and Texas understand and protect their rights. Attorney Chad Ikerd has over 14 years of experience. He has helped many clients with personal injury cases, such as car accidents and serious injuries.
Call the Ikerd Law Firm today for a free consultation at (337) 366-8994. Let Chad Ikerd review your case. He will explain your rights and show you how we can fight for the compensation you are owed. You have rights—make sure someone is protecting them.
You may still have the right to recover compensation through your own uninsured/underinsured motorist (UM/UIM) insurance coverage. This is a separate claim filed with your own insurance company.
No. It is illegal for your employer to retaliate against you for exercising your legal right to file a lawsuit against a third party who caused your injury, even if the injury occurred at work.
Generally, no. The portion of your settlement that compensates you for physical injuries, medical expenses, and pain and suffering is not considered taxable income by the IRS. However, compensation for lost wages or punitive damages may be taxable.
A letter of protection is a document from your attorney to a medical provider that guarantees payment for your treatment from a future settlement. While you don’t have an absolute right to one, many attorneys will provide them to help you get necessary medical care if you can’t afford it.
Yes, in many cases. If your health insurance paid for your medical treatment, they may have a right of subrogation, which means they can seek reimbursement from your settlement. This is a complex area of law that an attorney can help you navigate.
You still have the right to pursue your claim against the deceased person’s estate. The lawsuit would proceed against the estate’s representative, and any settlement or judgment would be paid from the estate’s assets or insurance policy.
Yes, if your claim exceeds $10,000. Louisiana law guarantees your right to a jury trial in civil cases where the amount in controversy exceeds $10,000. You can choose to have your case decided by a jury or waive this right and elect a bench trial (judge only).
If an insurance adjuster is not responding to your communications, they may be acting in bad faith. You have the right to be treated fairly and to have your claim handled promptly. An attorney can intervene on your behalf and, if necessary, file a bad faith claim against the insurance company.
Yes. You have the right to be compensated for any aggravation or worsening of a pre-existing condition that was caused by the accident. This is known as the “eggshell plaintiff” rule, which means the at-fault party is responsible for the full extent of your injuries, even if you were more susceptible to injury.
You have the right to your case file. Your former attorney is required to provide you with a copy of your file, though they may charge you for the cost of copying. They may also be entitled to a portion of the attorney’s fees from your settlement for the work they performed on your case.
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