On this page
- 1. Medical Treatment
- 2. Future Medical Care
- 3. Lost Income and Earning Capacity
- 4. Permanent Impairment and Life Impact
- 5. Liability and Comparative Fault
- 6. Insurance Coverage
- 7. Evidence
- 8. Timing
- Why Early Offers Are Often Low
- What Does Not Determine Value
- Frequently Asked Questions
- Find Out What Matters in Your Case
What a case may be worth depends on facts that take time to develop: how badly you were hurt, how fault is divided, how much insurance is available, and how strong the evidence is. What we can do is explain the factors that drive value, so you understand what an insurance company is looking at and why an early offer may not reflect your full losses.
Call (318) 746-5997 for a free case review.
1. Medical Treatment
The nature and extent of your medical care is one of the most important factors. Insurers look at:
- emergency care, imaging and hospitalization;
- surgery or injections;
- physical therapy and rehabilitation;
- how consistently you followed through with treatment; and
- whether gaps in treatment can be explained.
Louisiana has specific rules about how medical expenses are proven. See how medical bills work in Louisiana injury cases.
2. Future Medical Care
If doctors expect you to need future surgery, therapy, medication, equipment or care, those future costs may be part of the claim when they are supported by medical evidence.
3. Lost Income and Earning Capacity
Time missed from work is part of the claim. If your injuries prevent you from returning to the same job or earning what you did before, loss of future earning capacity can be one of the largest parts of a serious case.
4. Permanent Impairment and Life Impact
Pain, mental anguish, disability, scarring and the loss of activities you once enjoyed are real losses. They are harder to put a number on, and that is often where insurers and injured people disagree most.
5. Liability and Comparative Fault
Who caused the accident matters as much as how badly you were hurt. Under Louisiana’s comparative fault rule as amended effective January 1, 2026, a claimant found 51% or more at fault cannot recover, and a claimant below that threshold has the recovery reduced by his or her percentage of fault. See Louisiana’s 51% fault rule.
6. Insurance Coverage
The available insurance often sets a practical limit on recovery. Coverage questions include:
- the at-fault party’s liability limits;
- whether a company or employer is also responsible;
- commercial trucking policies;
- your own uninsured/underinsured motorist coverage; and
- whether more than one policy applies.
Louisiana’s direct action law and “no pay, no play” law can also affect a claim.
7. Evidence
Strong evidence increases value. Weak or missing evidence gives the insurer room to argue. Photographs, video, witnesses, crash reports, electronic vehicle data, trucking records and consistent medical records all matter, and much of that evidence can disappear quickly.
8. Timing
Settling before you know the full extent of your injuries can leave money on the table, because a signed release usually ends the claim. Waiting too long can cost you the claim altogether. Louisiana generally provides a two-year filing period for many injury claims arising after July 1, 2024.
Why Early Offers Are Often Low
Insurance companies sometimes make quick offers before a person has finished treatment, before future care is known and before liability has been investigated. A fast offer may be convenient. It is not necessarily fair.
What Does Not Determine Value
- What a friend or relative received in a different case.
- A number produced by an online “settlement calculator.”
- The first offer from the insurance company.
Frequently Asked Questions
Can you tell me what my case is worth on the first call?
Not responsibly. We can explain the factors that will matter and what information is needed to evaluate them.
Does hiring a lawyer increase what a case is worth?
No lawyer can promise a particular outcome. A lawyer can investigate liability, identify insurance, document damages and present the claim fully, which helps make sure the claim is evaluated on its actual merits.
Should I accept the insurance company’s first offer?
Talk with a lawyer before signing anything. Once you sign a release, you usually cannot reopen the claim.
Find Out What Matters in Your Case
Call Jacqueline Scott & Associates at (318) 746-5997 for a free consultation. No attorney fee unless we recover.
Make ’Em Pay.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
