Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
When you’re injured in a car accident, the last thing you expect is a battle with your own insurance company. You’ve paid your premiums on time, followed the rules, and trusted that your insurer would have your back when you needed them most. But the truth is, insurance companies often try to settle for as little as possible—and the first offer they send your way might not reflect the full value of your case.
Suppose you’ve been hurt in a car accident in New Orleans or anywhere in Louisiana. In that case, it’s essential to understand how insurance companies operate, how claims are really valued, and why legal representation can make a significant difference.
How Insurance Companies Really Work After a Car Accident
Most people assume that insurance companies are there to help when things go wrong. But behind the scenes, their goal is to protect their bottom line. Every claim they pay out cuts into their profits. That’s why many companies train adjusters to settle cases quickly and cheaply.
An insurance adjuster may sound helpful, but remember—they work for the insurance company, not for you. Their job is to close your claim with the smallest payout possible, often before you fully understand the extent of your injuries or losses. In some cases, they might even use tactics like delaying your claim, disputing your injuries, or questioning your need for medical treatment.
Insurance companies are businesses first; their primary goal is to protect their bottom line, not to ensure you receive full compensation.
They may even schedule an Independent Medical Examination (IME), which sounds fair—but often, the doctors used in these exams are chosen by the insurer and may lean in their favor.
What Is a Lowball Settlement Offer and Why It Happens
A lowball settlement is when the insurance company offers a payment that falls far below what your claim is truly worth. They might rush you to accept it by saying it’s the best they can do or that any delay could result in a longer wait or even a denial.
Unfortunately, many accident victims don’t realize what they’re entitled to. They see an offer for a few thousand dollars and think it’s generous—until medical bills, lost wages, and other expenses start piling up.
What’s often missing from these early offers?
- Future medical expenses, like physical therapy or follow-up procedures
- Pain and suffering, emotional distress, and how your injury has affected your life
- Lost wages from time off work or reduced ability to earn in the future
- Long-term care or rehab if your injuries are severe
Without knowing the whole picture, it’s easy to write a check and move on—only to find yourself struggling financially later on.
Why Independent Medical Exams Might Not Be So Independent
If you’re asked to attend an IME, it’s natural to assume it’s a neutral process. But in reality, the doctor performing the exam is often hired by the insurance company. That doesn’t mean they’re dishonest—but their evaluations can sometimes downplay the seriousness of your injury.
An independent medical examination (IME) conducted by an insurance-appointed doctor may not always provide an unbiased assessment of your injuries.
Many people are surprised to receive a report saying their treatment isn’t necessary or that they’ve already recovered—even when they’re still in pain. Insurers can use this to deny parts of your claim or reduce your settlement.
What’s Your Claim Actually Worth?
Every accident case is different. Some people walk away with a few bumps and bruises, while others face surgeries, permanent injuries, and significant changes to their lives. That’s why it’s so important to calculate your damages correctly—not just today, but down the line.
Here are some of the key elements that affect how much your case is really worth:
Medical Costs
This includes all the treatment you’ve received, from the ambulance ride and ER visit to specialist care, physical therapy, and follow-ups. It also includes future care if your recovery isn’t complete.
Lost Wages
If you’ve missed work because of your injuries—or can’t return to your previous job—those lost earnings matter. Even if you used sick leave or vacation time, you’re entitled to be reimbursed.
Pain and Suffering
Injuries don’t just hurt physically. They can take a mental and emotional toll, cause stress and anxiety, and affect your ability to enjoy life.
Property Damage
This covers repairs or replacement of your vehicle and any personal items damaged in the crash.
Long-Term Impact
Will you need help at home? Ongoing medical care? Has the injury affected your ability to care for your family or maintain your quality of life? These are all part of your total damages.
In Louisiana, the statute of limitations for personal injury claims is one year from the date of the accident.
That’s not a lot of time—especially if your insurer keeps delaying things. Taking quick legal action is the best way to protect your rights and avoid missing your chance to file a claim.
Real-Life Settlements: Initial Offers vs. Final Results
Here’s a general idea of how settlement values can change when handled by a qualified attorney:
| Scenario | Initial Offer | Final Settlement | Notes |
| Minor Whiplash Injury | $5,000 | $15,000 | Included ongoing therapy and lost wages |
| Broken Arm with Surgery | $20,000 | $60,000 | Accounted for surgery costs and rehabilitation |
| Traumatic Brain Injury | $50,000 | $200,000 | Covered long-term care and loss of income |
What a Personal Injury Lawyer Can Do for You
Legal help isn’t just about filing paperwork. An experienced attorney can investigate your accident, collect medical records and evidence, consult medical experts, and push back against insurance companies that try to minimize your injuries.
They’ll help you understand your full legal rights and demand fair compensation for everything you’ve been through. Most importantly, they remove the pressure and stress of dealing with insurers so you can focus on healing.
At AKD Law, we understand insurers’ tricks and know how to counter them with evidence, experience, and strategy.
Frequently Asked Questions
Should I accept the first settlement offer from the insurance company?
No. The first offer is often much lower than what your case is worth. Speak to an attorney before accepting anything.
What if the insurance company denies my claim?
You still have legal options. An attorney can help appeal the decision and gather additional evidence to support your case.
How is pain and suffering calculated in a car accident claim?
It’s based on the severity of your injuries, your recovery time, and how your life has been affected physically and emotionally.
What is an Independent Medical Examination (IME)?
An IME is a medical exam performed by a doctor hired by the insurance company. These exams are not always impartial and may favor the insurer.
How long do I have to file a personal injury claim in Louisiana?
You have one year from the date of the accident to file a claim. Missing this deadline can result in losing your right to compensation.
Can I handle my car accident claim without an attorney?
You can, but it’s risky. An attorney helps ensure all damages are included and can often secure a higher settlement.
Conclusion
When you’ve been injured in a car accident, your focus should be on healing—not on fighting with insurance companies. But without legal help, you could end up settling for far less than you deserve.
The truth is that insurance companies are trained to close your claim quickly and cheaply. They’re not required to explain what you’re truly entitled to—and they won’t. That’s why it’s so important to consult with a lawyer who can look at your case, understand the whole picture, and fight for every dollar you need to recover.
If you’re dealing with medical bills, lost wages, or emotional trauma after a car accident, don’t wait. Talk to the experienced legal team at AKD Law. We’ll listen to your story, evaluate your case, and help you understand the next steps—at no cost to you.
Start your recovery the right way. We’re here to protect your rights and get you the compensation you truly deserve.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
