Kenny Habetz Injury Law | May 22, 2025 | Car Accident
If you’ve been injured in a car accident in Louisiana, one of the first questions you’re likely to ask is, “How much is my car accident settlement worth?” While there’s no one-size-fits-all answer, several critical factors will influence the amount of compensation you may receive.
Understanding these factors—and how they apply under Louisiana personal injury law—can help you set realistic expectations and protect your rights throughout the claims process. This guide breaks down nine important factors that can influence the value of your car accident settlement in Louisiana, with references to key state laws and insights from experienced personal injury attorneys.
1. Severity of Injuries
The severity of the injuries sustained is the most influential factor. More severe injuries typically result in higher medical expenses, longer recovery times, and a greater impact on your quality of life—all of which increase your settlement value.
In Louisiana, damages for personal injuries include compensation for medical bills, pain and suffering, and loss of enjoyment of life. Common high-value injuries include: traumatic brain injuries (TBI), spinal cord injuries, broken bones, and internal organ damage.
2. Medical Expenses
Your settlement can include all medical treatment costs related to the accident. This includes emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, and ongoing care.
To maximize your claim, it’s important to document every expense and follow your treatment plan. Skipping appointments or delaying care can hurt your case by giving the insurance company reason to question your injuries.
3. Lost Wages and Future Earning Capacity
If your injuries prevent you from working temporarily or permanently, you may be entitled to compensation for lost wages. In cases where you cannot return to your job or must accept a lower-paying role due to physical limitations, your settlement may also include damages for loss of future earning capacity.
4. Pain and Suffering
Unlike medical bills or lost wages, pain and suffering is a non-economic damage that’s more subjective and difficult to quantify. However, it’s a vital part of a Louisiana car accident settlement.
Pain and suffering may include: physical pain from your injuries, emotional distress, anxiety or depression, PTSD symptoms, and loss of enjoyment of daily life or hobbies. Louisiana law allows for recovery of these damages, but their value varies based on the impact of the injuries on your life and your ability to recover.
5. Comparative Fault
Louisiana follows the rule of pure comparative fault. This means that if you are found partially at fault for the accident, your settlement will be reduced by your percentage of fault.
For example, if you are awarded $100,000 but are found to be 20% at fault, your total compensation would be reduced to $80,000. This is why it’s so important to consult with a Louisiana personal injury lawyer who can defend your rights and counter any attempts by the insurance company to unfairly shift blame onto you.
6. Insurance Policy Limits
Even if your damages are extensive, your settlement may be limited by the insurance coverage available. Louisiana law requires drivers to carry minimum liability insurance of: $15,000 for bodily injury per person, $30,000 per accident for bodily injury, and $25,000 for property damage. If the at-fault driver has only the minimum coverage, and you do not carry uninsured/underinsured motorist (UM/UIM) coverage, your ability to recover full compensation could be limited.
7. Evidence and Documentation
The strength of your evidence can greatly influence the outcome of your settlement. Well-documented claims are harder for insurance companies to deny or undervalue. Strong evidence includes: police reports, photos of the accident scene, medical records and treatment plans, witness statements, and video footage, if available. The more thoroughly your accident is documented, the stronger your claim will be.
8. Time Since the Accident
In Louisiana, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. If you wait too long to take legal action, you could lose your right to recover any compensation.
While some settlements occur quickly, others take months or even years—especially when serious injuries or disputed liability are involved. Acting quickly helps preserve evidence and protects your claim from being time-barred.
9. Legal Representation
Hiring an experienced car accident attorney in Louisiana can significantly impact your settlement outcome. Insurance companies tend to offer higher settlements when they know a skilled attorney is involved who is ready to take the case to trial if necessary.
A personal injury lawyer can negotiate directly with the insurance company, prepare your case for litigation, ensure all damages are accounted for, and advocate for you at every stage of the process. Having legal representation levels the playing field and increases your chances of a full and fair settlement.
Contact the Louisiana Car Accident Law Firm Of Kenny Habetz Injury Law for Help Today
If you’ve been injured in a car accident, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana car accident lawyer or contact us online. We have offices in Lafayette and Crowley, LA.
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
